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HomeMy WebLinkAboutAgenda Packet - EVWD Board of Directors - 04/10/2024BOARD OF DIRECTORS APRIL 10, 2024 East Valley Water District was formed in 1954 and provides water and wastewater services to 107,000 residents within the cities of San Bernardino and Highland, and portions of San Bernardino County. EVWD operates under the direction of a 5­member elected Board. GOVERNING BOARD EXECUTIVE MANAGEMENT James Morales, Jr. Chairman of the Board Michael Moore General Manager/CEO Ronald L. Coats Vice­Chairman Brian W. Tompkins Chief Financial Officer Chris Carrillo Governing Board Member Jeff Noelte Director of Engineering & Operations David E. Smith Governing Board Member Kerrie Bryan Director of Administrative Services Phillip R. Goodrich Governing Board Member Patrick Milroy  Operations Manager Rocky Welborn  Water Reclamation Manager Justine Hendricksen District Clerk Board of Directors Regular Board Meeting April 10, 2024 ­ 5:30 PM 31111 Greenspot Road, Highland, CA 92346 www.eastvalley.org PLEASE NOTE: Materials related to an item on this agenda submitted to the Board after distribution of the agenda packet are available for public inspection in the District’s office located at 31111 Greenspot Rd., Highland, during normal business hours. Also, such documents are available on the District’s website at eastvalley.org and are subject to staff’s ability to post the documents before the meeting. Pursuant to Government Code Section 54954.2(a), any request for a disability­related modification or accommodation, including auxiliary aids or services, that is sought in order to participate in the above agendized public meeting should be directed to the District Clerk at (909) 885­4900 at least 72 hours prior to said meeting. In order to comply with legal requirements for posting of agenda, only those items filed with the District Clerk by 12:00 p.m. on Wednesday prior to the following Wednesday meeting not requiring departmental investigation, will be considered by the Board of Directors. CALL TO ORDER PLEDGE OF ALLEGIANCE PRESENTATIONS AND CEREMONIAL ITEMS a.Anthesis Recognition ROLL CALL OF BOARD MEMBERS PUBLIC COMMENTS Any person wishing to speak to the Board of Directors is asked to complete a Speaker Card and submit it to the District Clerk prior to the start of the meeting. Each speaker is limited to three (3) minutes, unless waived by the Chairman of the Board. Under the State of California Brown Act, the Board of Directors is prohibited from discussing or taking action on any item not listed on the posted agenda. The matter will automatically be referred to staff for an appropriate response or action and may appear on the agenda at a future meeting. 1.AGENDA This agenda contains a brief general description of each item to be considered. Except as otherwise provided by law, no action shall be taken on any item not appearing on the following agenda unless the Board of Directors makes a determination that an emergency exists or that a need to take immediate action on the item came to the attention of the District subsequent to the posting of the agenda. a.Approval of Agenda 2.APPROVAL OF CONSENT CALENDAR All matters listed under the Consent Calendar are considered by the Board of Directors to be routine and will be enacted in one motion. There will be no discussion of these items prior to the time the board considers the motion unless members of the board, the administrative staff, or the public request specific items to be discussed and/or removed from the Consent Calendar. a.Approve Directors' Fees and Expenses for March 2024 b.Approve the February 28, 2024 Regular Board Meeting Minutes 3.INFORMATIONAL ITEMS a.FY 2024­25 Program Goals and Objectives Workshop 4.DISCUSSION AND POSSIBLE ACTION ITEMS a.Consider Approval of Agreement for Hazard Mitigation Grant Program (HMGP) Seismic Retrofit of Seven Reservoirs with Engineering Resources of Southern California (ERSC) b.Consider Approval of Agreement for Hydrogeologic Operations Studies with Rincon Consultants, Inc. for the Sterling Natural Resource Center 5.REPORTS a.Board of Directors’ Reports b.General Manager/CEO Report Water Supply Dashboard c.Legal Counsel Report d.Board of Directors’ Comments ADJOURN BOARD OF DIRECTORSAPRIL 10, 2024East Valley Water District was formed in 1954 and provides water and wastewater services to107,000 residents within the cities of San Bernardino and Highland, and portions of SanBernardino County.EVWD operates under the direction of a 5­member elected Board.GOVERNING BOARD EXECUTIVE MANAGEMENTJames Morales, Jr.Chairman of the Board Michael MooreGeneral Manager/CEORonald L. CoatsVice­Chairman Brian W. TompkinsChief Financial OfficerChris CarrilloGoverning Board Member Jeff NoelteDirector of Engineering & OperationsDavid E. SmithGoverning Board Member Kerrie BryanDirector of Administrative ServicesPhillip R. GoodrichGoverning Board Member Patrick Milroy Operations ManagerRocky Welborn Water Reclamation ManagerJustine Hendricksen District Clerk Board of Directors Regular Board Meeting April 10, 2024 ­ 5:30 PM 31111 Greenspot Road, Highland, CA 92346 www.eastvalley.org PLEASE NOTE: Materials related to an item on this agenda submitted to the Board after distribution of the agenda packet are available for public inspection in the District’s office located at 31111 Greenspot Rd., Highland, during normal business hours. Also, such documents are available on the District’s website at eastvalley.org and are subject to staff’s ability to post the documents before the meeting. Pursuant to Government Code Section 54954.2(a), any request for a disability­related modification or accommodation, including auxiliary aids or services, that is sought in order to participate in the above agendized public meeting should be directed to the District Clerk at (909) 885­4900 at least 72 hours prior to said meeting. In order to comply with legal requirements for posting of agenda, only those items filed with the District Clerk by 12:00 p.m. on Wednesday prior to the following Wednesday meeting not requiring departmental investigation, will be considered by the Board of Directors. CALL TO ORDER PLEDGE OF ALLEGIANCE PRESENTATIONS AND CEREMONIAL ITEMS a.Anthesis Recognition ROLL CALL OF BOARD MEMBERS PUBLIC COMMENTS Any person wishing to speak to the Board of Directors is asked to complete a Speaker Card and submit it to the District Clerk prior to the start of the meeting. Each speaker is limited to three (3) minutes, unless waived by the Chairman of the Board. Under the State of California Brown Act, the Board of Directors is prohibited from discussing or taking action on any item not listed on the posted agenda. The matter will automatically be referred to staff for an appropriate response or action and may appear on the agenda at a future meeting. 1.AGENDA This agenda contains a brief general description of each item to be considered. Except as otherwise provided by law, no action shall be taken on any item not appearing on the following agenda unless the Board of Directors makes a determination that an emergency exists or that a need to take immediate action on the item came to the attention of the District subsequent to the posting of the agenda. a.Approval of Agenda 2.APPROVAL OF CONSENT CALENDAR All matters listed under the Consent Calendar are considered by the Board of Directors to be routine and will be enacted in one motion. There will be no discussion of these items prior to the time the board considers the motion unless members of the board, the administrative staff, or the public request specific items to be discussed and/or removed from the Consent Calendar. a.Approve Directors' Fees and Expenses for March 2024 b.Approve the February 28, 2024 Regular Board Meeting Minutes 3.INFORMATIONAL ITEMS a.FY 2024­25 Program Goals and Objectives Workshop 4.DISCUSSION AND POSSIBLE ACTION ITEMS a.Consider Approval of Agreement for Hazard Mitigation Grant Program (HMGP) Seismic Retrofit of Seven Reservoirs with Engineering Resources of Southern California (ERSC) b.Consider Approval of Agreement for Hydrogeologic Operations Studies with Rincon Consultants, Inc. for the Sterling Natural Resource Center 5.REPORTS a.Board of Directors’ Reports b.General Manager/CEO Report Water Supply Dashboard c.Legal Counsel Report d.Board of Directors’ Comments ADJOURN BOARD OF DIRECTORSAPRIL 10, 2024East Valley Water District was formed in 1954 and provides water and wastewater services to107,000 residents within the cities of San Bernardino and Highland, and portions of SanBernardino County.EVWD operates under the direction of a 5­member elected Board.GOVERNING BOARD EXECUTIVE MANAGEMENTJames Morales, Jr.Chairman of the Board Michael MooreGeneral Manager/CEORonald L. CoatsVice­Chairman Brian W. TompkinsChief Financial OfficerChris CarrilloGoverning Board Member Jeff NoelteDirector of Engineering & OperationsDavid E. SmithGoverning Board Member Kerrie BryanDirector of Administrative ServicesPhillip R. GoodrichGoverning Board Member Patrick Milroy Operations ManagerRocky Welborn Water Reclamation ManagerJustine HendricksenDistrict ClerkBoard of Directors Regular Board MeetingApril 10, 2024 ­ 5:30 PM31111 Greenspot Road, Highland, CA 92346www.eastvalley.orgPLEASE NOTE:Materials related to an item on this agenda submitted to the Board after distribution of theagenda packet are available for public inspection in the District’s office located at 31111Greenspot Rd., Highland, during normal business hours. Also, such documents are availableon the District’s website at eastvalley.org and are subject to staff’s ability to post thedocuments before the meeting.Pursuant to Government Code Section 54954.2(a), any request for a disability­relatedmodification or accommodation, including auxiliary aids or services, that is sought in orderto participate in the above agendized public meeting should be directed to the District Clerkat (909) 885­4900 at least 72 hours prior to said meeting. In order to comply with legal requirements for posting of agenda, only those items filed with the District Clerk by 12:00 p.m. on Wednesday prior to the following Wednesday meeting not requiring departmental investigation, will be considered by the Board of Directors. CALL TO ORDER PLEDGE OF ALLEGIANCE PRESENTATIONS AND CEREMONIAL ITEMS a.Anthesis Recognition ROLL CALL OF BOARD MEMBERS PUBLIC COMMENTS Any person wishing to speak to the Board of Directors is asked to complete a Speaker Card and submit it to the District Clerk prior to the start of the meeting. Each speaker is limited to three (3) minutes, unless waived by the Chairman of the Board. Under the State of California Brown Act, the Board of Directors is prohibited from discussing or taking action on any item not listed on the posted agenda. The matter will automatically be referred to staff for an appropriate response or action and may appear on the agenda at a future meeting. 1.AGENDA This agenda contains a brief general description of each item to be considered. Except as otherwise provided by law, no action shall be taken on any item not appearing on the following agenda unless the Board of Directors makes a determination that an emergency exists or that a need to take immediate action on the item came to the attention of the District subsequent to the posting of the agenda. a.Approval of Agenda 2.APPROVAL OF CONSENT CALENDAR All matters listed under the Consent Calendar are considered by the Board of Directors to be routine and will be enacted in one motion. There will be no discussion of these items prior to the time the board considers the motion unless members of the board, the administrative staff, or the public request specific items to be discussed and/or removed from the Consent Calendar. a.Approve Directors' Fees and Expenses for March 2024 b.Approve the February 28, 2024 Regular Board Meeting Minutes 3.INFORMATIONAL ITEMS a.FY 2024­25 Program Goals and Objectives Workshop 4.DISCUSSION AND POSSIBLE ACTION ITEMS a.Consider Approval of Agreement for Hazard Mitigation Grant Program (HMGP) Seismic Retrofit of Seven Reservoirs with Engineering Resources of Southern California (ERSC) b.Consider Approval of Agreement for Hydrogeologic Operations Studies with Rincon Consultants, Inc. for the Sterling Natural Resource Center 5.REPORTS a.Board of Directors’ Reports b.General Manager/CEO Report Water Supply Dashboard c.Legal Counsel Report d.Board of Directors’ Comments ADJOURN BOARD OF DIRECTORSAPRIL 10, 2024East Valley Water District was formed in 1954 and provides water and wastewater services to107,000 residents within the cities of San Bernardino and Highland, and portions of SanBernardino County.EVWD operates under the direction of a 5­member elected Board.GOVERNING BOARD EXECUTIVE MANAGEMENTJames Morales, Jr.Chairman of the Board Michael MooreGeneral Manager/CEORonald L. CoatsVice­Chairman Brian W. TompkinsChief Financial OfficerChris CarrilloGoverning Board Member Jeff NoelteDirector of Engineering & OperationsDavid E. SmithGoverning Board Member Kerrie BryanDirector of Administrative ServicesPhillip R. GoodrichGoverning Board Member Patrick Milroy Operations ManagerRocky Welborn Water Reclamation ManagerJustine HendricksenDistrict ClerkBoard of Directors Regular Board MeetingApril 10, 2024 ­ 5:30 PM31111 Greenspot Road, Highland, CA 92346www.eastvalley.orgPLEASE NOTE:Materials related to an item on this agenda submitted to the Board after distribution of theagenda packet are available for public inspection in the District’s office located at 31111Greenspot Rd., Highland, during normal business hours. Also, such documents are availableon the District’s website at eastvalley.org and are subject to staff’s ability to post thedocuments before the meeting.Pursuant to Government Code Section 54954.2(a), any request for a disability­relatedmodification or accommodation, including auxiliary aids or services, that is sought in orderto participate in the above agendized public meeting should be directed to the District Clerkat (909) 885­4900 at least 72 hours prior to said meeting.In order to comply with legal requirements for posting of agenda, only those items filedwith the District Clerk by 12:00 p.m. on Wednesday prior to the following Wednesdaymeeting not requiring departmental investigation, will be considered by the Board ofDirectors.CALL TO ORDERPLEDGE OF ALLEGIANCEPRESENTATIONS AND CEREMONIAL ITEMSa.Anthesis RecognitionROLL CALL OF BOARD MEMBERSPUBLIC COMMENTSAny person wishing to speak to the Board of Directors is asked to complete a SpeakerCard and submit it to the District Clerk prior to the start of the meeting. Each speaker islimited to three (3) minutes, unless waived by the Chairman of the Board. Under the Stateof California Brown Act, the Board of Directors is prohibited from discussing or takingaction on any item not listed on the posted agenda. The matter will automatically bereferred to staff for an appropriate response or action and may appear on the agenda at afuture meeting.1.AGENDAThis agenda contains a brief general description of each item to be considered.Except as otherwise provided by law, no action shall be taken on any item notappearing on the following agenda unless the Board of Directors makes adetermination that an emergency exists or that a need to take immediate action onthe item came to the attention of the District subsequent to the posting of theagenda.a.Approval of Agenda2.APPROVAL OF CONSENT CALENDARAll matters listed under the Consent Calendar are considered by the Board ofDirectors to be routine and will be enacted in one motion. There will be nodiscussion of these items prior to the time the board considers the motion unlessmembers of the board, the administrative staff, or the public request specific itemsto be discussed and/or removed from the Consent Calendar.a.Approve Directors' Fees and Expenses for March 2024b.Approve the February 28, 2024 Regular Board Meeting Minutes 3.INFORMATIONAL ITEMS a.FY 2024­25 Program Goals and Objectives Workshop 4.DISCUSSION AND POSSIBLE ACTION ITEMS a.Consider Approval of Agreement for Hazard Mitigation Grant Program (HMGP) Seismic Retrofit of Seven Reservoirs with Engineering Resources of Southern California (ERSC) b.Consider Approval of Agreement for Hydrogeologic Operations Studies with Rincon Consultants, Inc. for the Sterling Natural Resource Center 5.REPORTS a.Board of Directors’ Reports b.General Manager/CEO Report Water Supply Dashboard c.Legal Counsel Report d.Board of Directors’ Comments ADJOURN Agenda Item #2a April 10, 20241 Meeting Date: April 10, 2024 Agenda Item #2a Consent Item Regular Board Meeting TO: Governing Board Members FROM: General Manager/CEO SUBJECT: Approve Directors' Fees and Expenses for March 2024 RECOMMENDATION That the Board of Directors approve the Directors' Fees and Expenses for March 2024 as submitted. AGENCY GOALS AND OBJECTIVES II - Maintain a Commitment to Sustainability, Transparency, and Accountability A. Practice Transparent and Accountable Fiscal Management REVIEW BY OTHERS This agenda item has been reviewed by Administration. FISCAL IMPACT The fiscal impact associated with this agenda item is $9,767.32 which is included in the current fiscal year budget. Recommended by: ________________ Michael Moore General Manager/CEO Respectfully submitted: ________________ Justine Hendricksen District Clerk ATTACHMENTS March 2024 Director Expense Reports Name: Month / Year: Meeting No.Stipend Written Oral 1 3 /06 236.25 2 3 /11 236.25 3 3 /13 236.25 4 3 /20 236.25 5 3 /22 236.25 6 3 /26 236.25 7 3 /27 236.25 8 3 /28 236.25 9 10 11 12 13 14 15 16 17 18 19 20 Meetings 0.67/mi No. 1 2 3 4 5 6 7 8 9 10 Subtotal TOTAL PAYMENT Date of Approval Chris Carrillo March 2024 0.00 X 8 Report Provided Subtotal Meetings' Stipend Mileage Administration Signature I certify that the above is correct and accurate to the best of my knowledge. Chris Carrillo Date Meeting / Event Description Date City of San Bernardino Council Meeting Meeting with General Manager/CEO or Designee Regular Board Meeting $1,890.00 $1,890.00 $0.00 Reimbursement Mileage Miscellaneous Reimbursement Description City of San Bernardino Council Meeting Meeting with General Manager/CEO or Designee Chamber of Commerce Event Regular Board Meeting Growing Water Smart Meeting Expense Type $0.00 DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET 1 Name: Month / Year: 1 2 3 4 5 Event Description:Meeting with General Manager/CEO or Designee Brief Description of Meeting/Event Value to EVWD Conference call with CEO Moore to review board agenda and discuss district business. Brief Description of Meeting/Event Value to EVWD Attended regularly scheduled board meeting. Meeting Date:3 / 20 / Event Description:City of San Bernardino Council Meeting Brief Description of Meeting/Event Value to EVWD Attended via Zoom San Bernardino city council meeting. Meeting Date:3 / 22 / Meeting Date:3 / 11 / Event Description:Meeting with General Manager/CEO or Designee Brief Description of Meeting/Event Value to EVWD Meeting Date:3 / 13 / Event Description:Regular Board Meeting Conference call with CEO Moore to discuss district business. Chris Carrillo March / As part of the District's commitment to transparency, please provide a brief description of any meeting/event(s) that you will not be providing a report during the Board meeting at which your Director's Expense Sheet is being approved. Meeting Date: Event Description: Attended via Zoom San Bernardino city council meeting. 3 / 6 / City of San Bernardino Council Meeting Brief Description of Meeting/Event Value to EVWD DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET AB 1234 SUPPLEMENTAL REPORT FORM 2 Name: Month / Year: 6 7 8 9 10 Chris Carrillo March / As part of the District's commitment to transparency, please provide a brief description of any meeting/event(s) that you will not be providing a report during the Board meeting at which your Director's Expense Sheet is being approved. Meeting Date: Event Description: Brief Description of Meeting/Event Value to EVWD Event Description:Growing Water Smart Meeting Brief Description of Meeting/Event Value to EVWD Attended via Zoom Sonoran Institute Growing Water Smart informational meeting. Meeting Date: Event Description: Brief Description of Meeting/Event Value to EVWD Attended Highland Chamber of Commerce monthly luncheon meeting. Meeting Date:3 / 27 / Event Description:Regular Board Meeting Brief Description of Meeting/Event Value to EVWD Attended regularly scheduled board meeting. Meeting Date:3 / 28 / Meeting Date:3 / 26 / Event Description:Chamber of Commerce Event Brief Description of Meeting/Event Value to EVWD DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET AB 1234 SUPPLEMENTAL REPORT FORM 3 Name: Month / Year:2024 Meeting No.Stipend Written Oral 1 3 /01 2 3 /04 236.25 3 3 /05 236.25 4 3 /06 0.00 5 3 /07 236.25 6 3 /11 0.00 7 3 /12 236.25 8 3 /13 236.25 9 3 /18 236.25 10 3 /20 236.25 11 3 /21 236.25 12 3 /21 0.00 13 3 /26 0.00 14 3 /26 236.25 15 3 /27 236.25 16 17 18 19 20 Meetings 0.67/mi No. 1 2 3 4 5 6 7 8 9 10 Subtotal TOTAL PAYMENT Date of Approval Ronald L. Coats March / 121.00 X 10 70.00 51.00 Report Provided Subtotal Meetings' Stipend Mileage Highland Chamber of Commerce ASBCSD General Membership meeting Administration Signature I certify that the above is correct and accurate to the best of my knowledge. Ronald L. Coats Date Meeting / Event Description Regular Board Meeting Date ACWA Event/Legislative Committee Meeting Meeting with General Manager/CEO or Designee Sacramento Trip $2,443.57 $2,362.50 $81.07 Reimbursement Mileage Miscellaneous Reimbursement Description Meeting with General Manager/CEO or Designee Yucaipa Valley WD Ribbon Cutting Agenda Review San Bernardino Board of Water Commissioners San Bernardino Valley MWD/Sunrise Ranch Agenda Review ASBCSD Board Meeting San Bernardino Board of Water Commissioners Regular Board Meeting Expense Type $0.00 DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET 1 Name: Month / Year:2024 1 2 3 4 5 Event Description:Agenda Review Brief Description of Meeting/Event Value to EVWD Met with Chairman Morales and CEO Moore to review our agenda and other district business Brief Description of Meeting/Event Value to EVWD CEO Moore, Chairman Morales, Public Relations Manager Ringland and myself, met with local legislators and staff to make them aware of what help they may be able to give us via grants, earmarks, etc. Also told them all about the SNRC and other EVWD projects Meeting Date:3 / 6 / 2024 Event Description:San Bernardino Valley MWD/Sunrise Ranch Brief Description of Meeting/Event Value to EVWD Attended their 3rd public scoping meeting concerning their Sunrise Ranch project Meeting Date:3 / 7 / 2024 Meeting Date:3 / 4 / 2024 Event Description:Meeting with General Manager/CEO or Designee Brief Description of Meeting/Event Value to EVWD Meeting Date:3 / 5 / 2024 Event Description:Sacramento Trip Met CEO Moore and Chairman Morales to go over our agenda for our trip to Sacramento and meeting with local legislators and staff Ronald L. Coats March / As part of the District's commitment to transparency, please provide a brief description of any meeting/event(s) that you will not be providing a report during the Board meeting at which your Director's Expense Sheet is being approved. Meeting Date: Event Description: Attended their monthly legislative committee meeting 3 / 1 / 2024 ACWA Event/Legislative Committee Meeting Brief Description of Meeting/Event Value to EVWD DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET AB 1234 SUPPLEMENTAL REPORT FORM 2 Name: Month / Year:2024 6 7 8 9 10 Ronald L. Coats March / As part of the District's commitment to transparency, please provide a brief description of any meeting/event(s) that you will not be providing a report during the Board meeting at which your Director's Expense Sheet is being approved. Attended our monthly meeting where our guest speaker was Shivaji Deshmukh, general manager of Inland Empire Utilities Agency, who spoke on The Dynamic World of Water: Why Every Drop Still Matters Meeting Date:3 / 20 / 2024 Event Description:Meeting with General Manager/CEO or Designee Brief Description of Meeting/Event Value to EVWD Had a meeting with Michael Moore to discuss district business Event Description:Regular Board Meeting Brief Description of Meeting/Event Value to EVWD See official board meeting minutes Meeting Date:3 / 18 / 2024 Event Description:ASBCSD General Membership meeting Brief Description of Meeting/Event Value to EVWD Held our monthly board meeting to review associations upcoming general meeting and other association business Meeting Date:3 / 12 / 2024 Event Description:San Bernardino Board of Water Commissioners Brief Description of Meeting/Event Value to EVWD They received $590,238 incentive from Southern California Edison for energy efficiency at their wastewater facility. Meeting Date:3 / 13 / 2024 Meeting Date:3 / 11 / 2024 Event Description:ASBCSD Board Meeting Brief Description of Meeting/Event Value to EVWD DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET AB 1234 SUPPLEMENTAL REPORT FORM 3 Name: Month / Year:2024 11 12 13 14 15 Ronald L. Coats March / As part of the District's commitment to transparency, please provide a brief description of any meeting/event(s) that you will not be providing a report during the Board meeting at which your Director's Expense Sheet is being approved. See official board meeting minutes Event Description:Highland Chamber of Commerce Brief Description of Meeting/Event Value to EVWD Attended their monthly meeting where our CEO Michael Moore was the guest speaker Meeting Date:3 / 27 / 2024 Event Description:Regular Board Meeting Brief Description of Meeting/Event Value to EVWD Had an agenda review with CEO Michael Moore and Chairman James Morales Meeting Date:3 / 26 / 2024 Event Description:San Bernardino Board of Water Commissioners Brief Description of Meeting/Event Value to EVWD They approved a change order for a construction project and they received an update on their entire sewer system, equipment, etc. Meeting Date:3 / 26 / 2024 Event Description:Yucaipa Valley WD Ribbon Cutting Brief Description of Meeting/Event Value to EVWD Attended a ground breaking ceremony for their new recycled water reservoirs for their district Meeting Date:3 / 21 / 2024 Event Description:Agenda Review Brief Description of Meeting/Event Value to EVWD Meeting Date:3 / 21 / 2024 DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET AB 1234 SUPPLEMENTAL REPORT FORM 4 Name: Month / Year:2024 Meeting No.Stipend Written Oral 1 3 /05 236.25 2 3 /12 236.25 3 3 /13 236.25 4 3 /18 236.25 5 3 /19 236.25 6 3 /26 236.25 7 3 /27 236.25 8 9 10 11 12 13 14 15 16 17 18 19 20 Meetings 0.67/mi No. 1 2 3 4 5 6 7 8 9 10 Subtotal TOTAL PAYMENT Date of Approval $0.00 Mileage Miscellaneous Reimbursement Description ASBCSD Meeting with General Manager/CEO or Designee Chamber of Commerce Event Regular Board Meeting Expense Type $1,653.75 $0.00 Reimbursement Administration Signature I certify that the above is correct and accurate to the best of my knowledge. Phillip R. Goodrich Date Meeting / Event Description Date San Bernardino VWC District City of Highland Council Meeting Regular Board Meeting $1,653.75 Phillip R. Goodrich March / 0.00 X 7 Report Provided Subtotal Meetings' Stipend Mileage DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET 1 Name: Month / Year:2024 1 2 3 4 5 Phillip R. Goodrich March / As part of the District's commitment to transparency, please provide a brief description of any meeting/event(s) that you will not be providing a report during the Board meeting at which your Director's Expense Sheet is being approved. Meeting Date: Event Description: Represent District at Valley District's board meeting 3 / 5 / 2024 San Bernardino VWC District Brief Description of Meeting/Event Value to EVWD Meeting Date:3 / 12 / 2024 Event Description:City of Highland Council Meeting Brief Description of Meeting/Event Value to EVWD Meeting Date:3 / 13 / 2024 Event Description:Regular Board Meeting Attend Monthly City Council Meeting as District Rep. Brief Description of Meeting/Event Value to EVWD Attend Reg. Board Meeting Ref. Mins. This day Meeting Date:3 / 18 / 2024 Event Description:ASBCSD Brief Description of Meeting/Event Value to EVWD Attend Monthly Special Dictricts Meeting Updates on regional water reclaimation projects by IEUA GM Meeting Date:3 / 19 / 2024 Event Description:Meeting with General Manager/CEO or Designee Brief Description of Meeting/Event Value to EVWD Monthly Meeting with CEO Moore updates on all district business DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET AB 1234 SUPPLEMENTAL REPORT FORM 2 Name: Month / Year:2024 6 7 8 9 10 Meeting Date:3 / 26 / 2024 Event Description:Chamber of Commerce Event Brief Description of Meeting/Event Value to EVWD Attend Monthly Chamber business lunch meeting updates on regional water conditions by Esat Valley's CEO Moore Meeting Date:3 / 27 / 2024 Event Description:Regular Board Meeting Brief Description of Meeting/Event Value to EVWD Attend Regular board meeting Ref. Mins. This day Meeting Date: Event Description: Brief Description of Meeting/Event Value to EVWD Meeting Date: Event Description: Brief Description of Meeting/Event Value to EVWD Meeting Date: Event Description: Brief Description of Meeting/Event Value to EVWD Phillip R. Goodrich March / As part of the District's commitment to transparency, please provide a brief description of any meeting/event(s) that you will not be providing a report during the Board meeting at which your Director's Expense Sheet is being approved. DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET AB 1234 SUPPLEMENTAL REPORT FORM 3 Name: Month / Year:2024 Meeting No.Stipend Written Oral 1 3 /01 236.25 2 3 /04 236.25 3 3 /05 236.25 4 3 /06 236.25 5 3 /07 236.25 6 3 /07 0.00 7 3 /12 236.25 8 3 /13 236.25 9 3 /21 236.25 10 3 /26 236.25 11 3 /27 236.25 12 13 14 15 16 17 18 19 20 Meetings 0.67/mi No. 1 2 3 4 5 6 7 8 9 10 Subtotal TOTAL PAYMENT Date of Approval $0.00 Mileage Miscellaneous Reimbursement Description Chamber of Commerce Event Regular Board Meeting ACWA Event Meeting with General Manager/CEO or Designee San Bernardino Valley MWD San Bernardino Valley MWD Regular Board Meeting Expense Type $2,362.50 $0.00 Reimbursement Administration Signature I certify that the above is correct and accurate to the best of my knowledge. James Morales, Jr. Date Meeting / Event Description Date ACWA Event Meeting with General Manager/CEO or Designee Meeting with General Manager/CEO or Designee $2,362.50 James Morales, Jr.March / 0.00 X 10 Report Provided Subtotal Meetings' Stipend Mileage Yucaipa Water District DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET 1 Name: Month / Year:2024 1 2 3 4 5 James Morales, Jr.March / As part of the District's commitment to transparency, please provide a brief description of any meeting/event(s) that you will not be providing a report during the Board meeting at which your Director's Expense Sheet is being approved. Meeting Date: Event Description: Region 9 event workgroup. 3 / 1 / 2024 ACWA Event Brief Description of Meeting/Event Value to EVWD Meeting Date:3 / 4 / 2024 Event Description:Meeting with General Manager/CEO or Designee Brief Description of Meeting/Event Value to EVWD Meeting Date:3 / 5 / 2024 Event Description:Meeting with General Manager/CEO or Designee Legislative advocacy planning/update. Brief Description of Meeting/Event Value to EVWD Legislative advocacy - meet with District delegates - delegate staffmembers - adminsitrative representatives. Meeting Date:3 / 6 / 2024 Event Description:ACWA Event Brief Description of Meeting/Event Value to EVWD Groundwater committee. Meeting Date:3 / 7 / 2024 Event Description:Meeting with General Manager/CEO or Designee Brief Description of Meeting/Event Value to EVWD District update. Agenda. DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET AB 1234 SUPPLEMENTAL REPORT FORM 2 Name: Month / Year:2024 6 7 8 9 10 Meeting Date:3 / 7 / 2024 Event Description:San Bernardino Valley MWD Brief Description of Meeting/Event Value to EVWD Policay workshop. No charge. No more than one meeting per diem. Inland solar challenge update. Update climate adaption and resilience plan. Meeting Date:3 / 12 / 2024 Event Description:San Bernardino Valley MWD Brief Description of Meeting/Event Value to EVWD Resources/Engineering Workshop. Quarterly Groundwater Management Update. Meeting Date:3 / 13 / 2024 Event Description:Regular Board Meeting Brief Description of Meeting/Event Value to EVWD Please refer to public agenda. Meeting Date:3 / 21 / 2024 Event Description:Yucaipa Water District Brief Description of Meeting/Event Value to EVWD Storage tank site visit groundbreaking. Meeting Date:3 / 26 / 2024 Event Description:Chamber of Commerce Event Brief Description of Meeting/Event Value to EVWD East Valley Water District presenting. James Morales, Jr.March / As part of the District's commitment to transparency, please provide a brief description of any meeting/event(s) that you will not be providing a report during the Board meeting at which your Director's Expense Sheet is being approved. DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET AB 1234 SUPPLEMENTAL REPORT FORM 3 Name: Month / Year:2024 11 12 13 14 15 Meeting Date:3 / 27 / 2024 Event Description:Regular Board Meeting Brief Description of Meeting/Event Value to EVWD Please refer to public agenda. Meeting Date: Event Description: Brief Description of Meeting/Event Value to EVWD Meeting Date: Event Description: Brief Description of Meeting/Event Value to EVWD Meeting Date: Event Description: Brief Description of Meeting/Event Value to EVWD Meeting Date: Event Description: Brief Description of Meeting/Event Value to EVWD James Morales, Jr.March / As part of the District's commitment to transparency, please provide a brief description of any meeting/event(s) that you will not be providing a report during the Board meeting at which your Director's Expense Sheet is being approved. DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET AB 1234 SUPPLEMENTAL REPORT FORM 4 Agenda Item #2b April 10, 20241 Meeting Date: April 10, 2024 Agenda Item #2b Consent Item Regular Board Meeting TO: Governing Board Members FROM: General Manager/CEO SUBJECT: Approve the February 28, 2024 Regular Board Meeting Minutes RECOMMENDATION That the Board of Directors approve the February 28, 2024 regular Board meeting minutes as submitted. AGENCY GOALS AND OBJECTIVES II - Maintain a Commitment To Sustainability, Transparency, and Accountability B. Utilize Effective Communication Methods REVIEW BY OTHERS This agenda item has been reviewed by Administration. FISCAL IMPACT There is no fiscal impact associated with this agenda item. Recommended by: ________________ Michael Moore General Manager/CEO Respectfully submitted: ________________ Justine Hendricksen District Clerk ATTACHMENTS Draft February 28, 2024 Regular Board Meeting Minutes Regular Board Meeting Meeting Date: February 28, 2024 CALL TO ORDER The Chairman of the Board called the meeting to order at 5:30 p.m. PLEDGE OF ALLEGIANCE Director Carrillo led the flag salute. PRESENTATIONS AND CEREMONIAL ITEMS a)MARCOM Award Recognition The Public Affairs Specialist and Conservation Coordinator described four recognitions the District received from MARCOM Awards. The Public Affairs Specialist provided information about MARCOM and described the four awards received: 1.Platinum - Creative Brochure category for Sterling Natural Resource Center Visitors Guide 2.Gold – Special Promotional Item category for Sterling Natural Resource Center Commemorative Viewfinder 3.Gold – Marketing Direct Mailer category for Stage 2 Mailer 4.Platinum – Communication of Special Event category for Earth Day Festival Campaign b)Recognizing a World Class Customer Service Team The Director of Administrative Services provided a presentation highlighting the Customer Service Department Team. The presentation included but was not limited to customer service duties, team makeup, customer engagement, statistics representing Draft pending approval 1 5 5 9 customer service performance, customer compliments, and how the customer service department is recognized for all they do. ROLL CALL OF BOARD MEMBERS PRESENT Directors: Carrillo, Coats, Goodrich, Morales, Smith ABSENT None STAFF Michael Moore, General Manager/CEO; Brian Tompkins, Chief Financial Officer; Jeff Noelte, Director of Engineering and Operations; Kerrie Bryan, Director of Administrative Services; Rocky Welborn, Water Reclamation Manager; William Ringland, Public Affairs and Conservation Manager; Roxana Morales, Public Affairs Specialist; Janett Robledo, Conservation Coordinator; Christi Koide; Business Services Coordinator; Shayla Antrim, Administrative Specialist LEGAL COUNSEL Jean Cihigoyenetche GUESTS Members of the public PUBLIC COMMENTS Chairman Morales declared the public participation section of the meeting open at 5:59 p.m. There being no written or verbal comments, the public participation section was closed. 1.APPROVAL OF AGENDA a.Approval of Agenda A motion was made by Director Smith, seconded by Vice Chairman Coats, that the Board approve the February 28, 2024 agenda as submitted. The motion carried by the following: Ayes: Carrillo, Coats, Goodrich, Morales, Smith Noes: None Absent: None 2.APPROVAL OF CONSENT CALENDAR a.Approve the January 24, 2024 Regular Board Meeting Minutes b.Accept and File Financial Statements for December 2023 1 5 5 9 A motion was made by Director Goodrich, seconded by Director Carrillo, that the Board approve the Consent Calendar items as submitted. The motion carried by the following: Ayes: Carrillo, Coats, Goodrich, Morales, Smith Noes: None Absent: None 3.INFORMATIONAL ITEMS a. Capital Improvement Program Update The General Manager/CEO stated that several of the District's assets are over 80 years old, and a capital improvement program is provided each year to show the District’s progress. The Director of Engineering and Operations provided an overview of the District’s Capital Improvement Program. Updates included but were not limited to Canal Zone Storage Reservoir, rehabilitation of tanks and reservoirs, Plant 56 slope repair, water main replacement in Elmwood Road, the gate valve replacement program, water main seismic retrofit project, and Plant 120 rehabilitation. Information only. 4.DISCUSSION AND POSSIBLE ACTION ITEMS a. Consider Approval of Fiscal Year 2023-24 Mid-Year Budget Revisions The General Manager/CEO stated that the budget is reevaluated at mid-year to review where adjustments are needed, and that the revisions are taken to the Board for approval. The Chief Financial Officer reviewed Fiscal Year 2023-24 mid-year budget revisions. He reported that a few expectations were not met as projected and reviewed the proposed adjustments. He explained that a few factors led to lower revenue, such as the delay in commissioning of the Sterling Natural Resource Center, which will require significant adjustments, and lower than anticipated water sales. He added that all the proposed changes are included in the agenda packet. The Chief Financial Officer discussed the proposed adjustments and stated that reserves will be used to compensate for the deficit. A motion was made by Director Goodrich, seconded by Vice Chairman Coats, that the Board of Directors approve amendments to the Fiscal Year 2023-24 Operating and Capital Budgets as submitted. The motion was carried by the following vote: Ayes: Carrillo, Coats, Goodrich, Morales, Smith 1 5 5 9 Noes: None Abstain: None Absent: None b. Consider Approval of Revised Reserve Funds Policy 7.2 The Finance Supervisor stated that periodic reviews of financial policies are important to ensure that policies are relevant and up-to-date with industry practices and legal provisions. Reserve funds provide the District with options to respond to unexpected issues and a strong reserve policy helps the District plan for future projects and mitigate potential risks. He reviewed the proposed updates to Reserve Funds Policy 7.2. based on rate consultant recommendations. He added that the policy was brought to the Finance and Human Resources Committee for review and input. A motion was made by Director Goodrich, seconded by Director Carrillo, that the Board of Directors approve the Reserve Funds Policy 7.2 as submitted. The motion was carried by the following vote: Ayes: Carrillo, Coats, Goodrich, Morales, Smith Noes: None Abstain: None Absent: None c. Consider Approval of Contract with Trussell Technologies for Sterling Natural Resource Center Reporting Support The Water Reclamation Manager shared details about the regulatory reporting support services required for the Sterling Natural Resource Center. He explained that this is one of the final waste discharge requirements and reviewed the necessary regulatory reporting requirements. He emphasized the importance of understanding the detailed regulations outlined in Title 22. He stated that the Water Reclamation budget includes funds for the reporting requirements submitted to the Regional Water Quality Control Board. To ensure that the support services are of high quality, Trussel Technologies, an industry leader, is qualified to provide them. A motion was made by Director Smith, seconded by Director Goodrich, that the Board of Directors authorize the General Manager/CEO to enter into an agreement with Trussell Technologies for Regulatory Reporting Support for the Sterling Natural Resource Center. The motion was carried by the following vote: Ayes: Carrillo, Coats, Goodrich, Morales, Smith Noes: None Abstain: None 1 5 5 9 Absent: None 5.REPORTS a.Board of Directors’ Reports Director Goodrich reported on the following: February 20, he met with the General Manager/CEO to discuss District business; February 22, he attended San Bernardino Valley Municipal Water District’s 70th Anniversary event; February 26 he attended the Association of San Bernardino County Special Districts monthly membership meeting where Chino Fire provided legislative updates; and February 27 he attended the Highland Chamber of Commerce monthly meeting where Eric Rivas provided a workforce development update. Director Carrillo reported on the following: February 21, he attended the Local Agency Formation Commission of San Bernardino County meeting with nothing to report; February 22, he attended San Bernardino Valley Municipal Water District’s 70th Anniversary event; and February 26, he met with the General Manager/CEO to discuss District business. Director Smith reported on the following: February 20, he met with the General Manager/CEO to discuss District business; February 22, he attended San Bernardino Valley Municipal Water District’s 70th Anniversary event; February 26, he attended the Association of San Bernardino County Special Districts monthly membership meeting; and February 27, he attended the Finance & Human Resources Committee meeting where they discussed the District’s rate study. Vice Chairman Coats reported the following: February 19, he attended the Association of San Bernardino County Special Districts Board meeting; February 21, he met with the General Manager/CEO to discuss District business; February 22, he met with the Chairman and General Manager/CEO to review the agenda; February 22, he attended San Bernardino Valley Municipal Water District’s 70th Anniversary event; February 26, the Director of Engineering & Operations provided him a tour of the Sterling Natural Resource Center; February 26, he attended the Association of San Bernardino County Special Districts monthly membership meeting; February 27, he attended the City of San Bernardino Water Department meeting; February 27, he attended the Highland Chamber of Commerce monthly meeting; and February 27, he attended the Finance & Human Resources Committee meeting. Chairman Morales reported on the following: February 20, he attended San Bernardino Valley Municipal Water District’s Board meeting where provided an update on the Sunrise Ranch Master Plan; February 22, he met with the General Manager/CEO and Vice Chairman to review the agenda; and February 22, he attended San Bernardino Valley Municipal Water District’s 70th Anniversary event. For information only. 1 5 5 9 b. General Manager/CEO Report The General Manager/CEO announced the following: •Yesterday the Finance & HR Committee held its second workshop to discuss revenue needs and rate options. A summary of the two workshops will be presented at the March 13 meeting to consider adjusting rates at a future meeting. •The March 12 Finance & HR Committee meeting is canceled. •On March 5, the General Manager/CEO, Chairman Morales, and Vice Chairman Coats will visit with state legislators and their staff in Sacramento for their annual visit. •Yesterday he met with Sheriff Shannon Dicus for a regional partnership meeting to collaborate between the two agencies. The Sheriff’s Department is starting a real-time crime center using video monitor systems similar to the ones used at the water treatment plant. •He attended the San Bernardino Valley Municipal Water District’s 70th Anniversary event last week. •Sterling Natural Resource Center Update: The third cutover of sewer flows has been completed and on schedule with two more cutovers expected by the end of March. He thanked Rocky Welborn and the Sterling Natural Resource Center team for all their hard work. For information only. c. Legal Counsel Report Nothing to report. d. Board of Directors’ Comments Chairman Morales announced that he had been asked to serve as the alternate Vice Chair for the Association of California Water Agencies (ACWA) Region 9 Board. He added that he was also asked by ACWA to be a part of a three member team in the region to coordinate local responses to legislation. He stated that he received positive feedback regarding the District’s Whatever it Takes video, stating that it accurately portrays what we do as a District. For information only. ADJOURN Chairman Morales adjourned the meeting at 7:41 p.m. 1 5 5 9 James Morales, Jr., Board President Michael Moore, Board Secretary Agenda Item #3a April 10, 20241 Meeting Date: April 10, 2024 Agenda Item #3a Informational Item 1 0 6 3 Regular Board Meeting TO: Governing Board Members FROM: General Manager/CEO SUBJECT: FY 2024-25 Program Goals and Objectives Workshop RECOMMENDATION This agenda item is for informational purposes only, no action required. BACKGROUND / ANALYSIS East Valley Water District (District) is a performance-based organization, focused on achievement of goals derived from the Strategic Plan and Five-Year Work Plan adopted by the Board of Directors (Board). The Five-Year Work Plan is the framework of long- term goals related to District infrastructure improvements, operations, administration, and community engagement. Each year the Five-Year Plan is referenced to develop an annual work plan for the upcoming fiscal year. With the completion of the Sterling Natural Resource Center, the District has the opportunity to focus on new strategic initiatives. A new strategic planning process was started in Fall 2023 to evaluate the core values of the District. The planning process has been valuable in refining District objectives for the FY 2024-25 budget. The key goals of the District that are the basis for department objectives are: 1. Organizational Resiliency 2. Implementing Effective Solutions 3. Community Engagement 4. Planning, Maintenance and Preservation of District Resources The draft goals and objectives for each department are included in Attachment A. Many of the objectives are related directly to strategic initiatives identified in the 5-year workplan. District staff will provide a mid-year and year end update on each department’s objectives presented in the budget. AGENCY GOALS AND OBJECTIVES I - Implement Effective Solutions Through Visionary Leadership D. Encourage Performance Based Results through Staff Empowerment II - Maintain a Commitment To Sustainability, Transparency, and Accountability Agenda Item #3a April 10, 20242 Meeting Date: April 10, 2024 Agenda Item #3a Informational Item 1 0 6 3 A. Practice Transparent and Accountable Fiscal Management REVIEW BY OTHERS This agenda item has been reviewed by all Departments and will be presented to the Community Advisory Commission. FISCAL IMPACT There is no fiscal impact associated with this agenda item. Program goals and objectives will be used to support funding requests submitted in the proposed 2024-25 fiscal year budget, which will be submitted for Board review at the first Board meeting in June. Recommended by: ________________ Michael Moore General Manager/CEO Respectfully submitted: ________________ Brian Tompkins Chief Financial Officer ATTACHMENTS 1. Attachment A - Draft Goals and Objectives by Program 2. Attachment B - Presentation-Goals and Objectives Governing Board The Governing Board is the legislative body of the organization. Comprised of five members elected at-large to four-year staggered terms of office. Governing Board members are responsible for providing leadership, direction, and serving as the organizational policy makers. Goals Objectives 1 Provide Organizational Direction and Set Expectations through Policy Decisions Consistent with the Five- Year Work Plan Consider actions to acquire outstanding shares of the North Fork Water Company. Convene a City Creek Mutual Water Company Board Meeting to appoint officers and consider levy of an operating assessment. Conduct General Manager/CEO annual evaluation. Review and consider approval of update to the Five-Year Work Plan. 2 Support and Engage Community with District’s Capital Improvement Plan (CIP) Participate in community groups on capital investment programs. Engage with legislators to discuss funding for capital investment. 3 Engage Elected Officials and Community on the District’s Strategic Priorities and Legislative Priorities Adopt the updated legislative platform document. Engage with legislators to promote the legislative platform. Engage community-based Committees in strategic plan, goals, and objectives. General Administration General Administration is responsible for ensuring the District’s business and daily activities are performed following Federal, State, and Governing Board approved policies. The General Manager/CEO provides daily oversight for interagency relations for advancing the District’s initiatives. Additionally, the General Manager/CEO implements strategic planning for future operations and capital improvement funding requirements and resource allocation. Goals Objectives 1 Schedule City Creek Mutual Water Company Shareholder Meeting Work with legal counsel to establish annual shareholder meeting agenda for the City Creek Mutual Water Company. (Five-Year Work Plan) Work with Finance to establish the amount for a proposed operating assessment. Begin proceedings to obtain inactive shares with delinquent assessments. (Five-Year Work Plan) 2 Enhance Document Management Process Continue to scan vital documents and incorporate them into the electronic document repository. (Five-Year Work Plan) Continue destruction of documents in compliance with the Records Retention Policy. Review current agenda management platform to determine if new features or upgrades are necessary to improve the user experience. (Five-Year Work Plan) 3 Organizational Priorities and Philosophies Review and revise the District’s Strategic Plan. (Five-Year Work Plan) Determine the direction and activities of the Community Heritage and Education Foundation. Conduct all activities required for the Board of Directors’ election. Human Resources Human Resources is responsible for administering programs to attract and retain a diverse and qualified workforce. To remain an industry leader, this Program analyzes compensation and benefits packages against the market and implements new initiatives based upon market demands. Acknowledging the need to build a work-life balance to support a successful workforce, Human Resources creates programs focused on the health and wellness of all employees. Additionally, Human Resources administers the Risk Management Program to mitigate personnel injuries, property damage and financial loss for the District, the Emergency Preparedness Program to ensure business continuity and recovery efforts in the event of a disaster, and the Pathway Program which provides water industry career education and internship opportunities to local students. Goals Objectives 1 Advance the District’s Emergency Preparedness Program Develop an emergency preparedness training program and prepare employees to follow plans established by the District. (Five-Year Work Plan) Update the District’s emergency response documents to reflect current conditions, regulations, and identified actions. (Five-Year Work Plan) Conduct an audit of the District’s EOC item inventory, purge expired items, and stock inventory with needed materials and supplies. 2 Promote a Positive Organizational Culture that Maintains a Supportive and Encouraging Work Environment Update the District’s Succession Plan to identify organizational growth, prepare for future retirements, and continue to provide training and development opportunities for staff. (Five-Year Work Plan) Create administrative policies regarding work schedules and standby responsibilities for SNRC maintenance and operations. Facilitate quarterly activities that support employee engagement, team building, or empowerment. 3 Promote Regional Involvement and Provide Workforce Experience and Educational Opportunities Actively engage schools within the District’s service area to promote participation in water industry workforce experiences. Enhance the summer internship program to provide opportunities to local high school students. Develop educational and interactive tours of the SNRC with hands on lab experiments for students to understand wastewater physical and biological processes. Public Affairs Public Affairs oversees internal and external communication programs consistent with the District’s Vision and guiding principles. Through community and media relations, the Program provides effective and strategic communications to various stakeholders. Public Affairs is also responsible for grant writing, legislative affairs, and the facility rental programs. Goals Objectives 1 Enhance Strategic Community Engagement Initiatives Develop targeted outreach plan to enhance community engagement and neighborhood outreach. (Five-Year Work Plan) Engage with community members and organizations through pop-ups, presentations, and local events. (Five-Year Work Plan) Conduct a community recruitment process to fill vacancies resulting from the term limits of CAC sitting members. (Five-Year Work Plan) 2 Utilize Communication Methods that Enhance the District’s Priorities Continue to develop the District’s digital presence through website redesign and increase social media engagement. Rollout and communicate with ratepayers the District’s website domain transition from a .org to a .gov domain. (Five-Year Work Plan) Assess and enhance current communication platforms used in community outreach and crisis communications. Identify new channels for community digital notification. Showcase the District’s projects and programs through participation in industry related conferences and awards. 3 Legislative and Grants Monitor, track, and review legislative bills that have an impact on District customers. Review and update the legislative and grant platforms. Monitor and respond to grant opportunities in accordance with the District’s grant platform. Conservation Conservation is responsible for overseeing programs that facilitate and encourage sustainable water use throughout the District. Additionally, this program is responsible for communicating conservation benchmarks to various regulatory agencies, preparing regulatory compliance documents, and monitoring regulatory conservation requirements. Goals Objectives 1 Coordinate Necessary Program Working Groups to Complete Conservation Reports and Monitor Progress on Water Use Efficiency Objectives Continue to hold group meetings for the purpose of tracking informational data requests for State mandated reports and identifying data inputs for new reporting requirements. (Five-Year Work Plan) Prepare and submit required water efficiency reports such as the Drought Risk Assessment, Urban Water Use Objectives, and Commercial, Industrial, Institutional (CII) classifications, and Annual Water Use Efficiency Objectives. 2 Evaluate Rebate Program Success and Implement Program Modifications Continue to streamline rebate programs to maximize customer water savings in line with new State objectives. Continue to analyze water consumption data to better understand historical conservation responses to forecast trends. 3 Engage and Educate Students on Water Resources Consistent with State Curriculum Enhance engagement with students in a classroom environment to provide current water conservation and water resource materials consistent with State curriculum. (Five-Year Work Plan) Finance & Accounting Finance and Accounting oversees the business operations of the District to provide accountability and adequate control over the use of District funds. Staff maintains the financial systems and records in accordance with GAAP as well as applicable laws, regulations, and District policies. Goals Objectives 1 Ensure Financial Stability with Full Understanding of Operational Complexities Ensure timely submission of grant claims for cash flow purposes. Ensure fiscal agent account transactions for revenue and CFD bonds are recorded timely. Update the Procurement Policy and present to the Board for approval. (Five-Year Work Plan) Work with a consultant to complete the Pension Unfunded Accrued Liability Policy and present it to the Board. (Five-Year Work Plan) Work with Customer Service to evaluate convenience fees and present to the Board. Evaluate pros and cons of migrating to Tyler’s Munis Enterprise ERP. 2 Fully Understand the Cost and Accounting Associated with Placing the SNRC in Service Receive SNRC debt service schedule from SWRCB and incorporate it into the existing debt service repayment plan. Meet with the Water Reclamation Manager monthly to monitor SNRC operating expenses. Ensure timely invoicing to Valley District for delivery of recycled water. Ensure timely invoicing to Waste dischargers for pre-treatment permits. Information Technology The Information Technology (IT) Program oversees the District’s technology infrastructure to support essential business and operational functions. The functions utilize industry specific software programs required to meet agency needs. The Program implements routine cybersecurity training campaigns to mitigate financial and data loss. In addition to software management the Program proactively schedules hardware replacements from the point of procurement to installation. Goals Objectives 1 Ensure Reliability of Technology Infrastructure for Primary Business and Operation Requirements Upgrade the Cisco phone system after determining which environment (hosted vs. on-premise) is ideal for the District. (Five-Year Work Plan) Upgrade SCADA radios and technology at two sites identified by ATSI. (Five-Year Work Plan) Work with Engineering to upgrade and replace the Engineering plotter. Replace technology that has reached end of its useful life to comply with hardware replacement schedule. 2 Improve Systems and Cybersecurity Measures for Response Functions Replace current email security with Cisco email cloud security. Implement new technology and security at Plant 39 Warehouse (Internet Fiber, access controls). Upgrade all security cameras at District Headquarters and Plant 39. (Five- Year Work Plan) Update all District email addresses to align with the new website government domain. 3 Analyze Current Systems to Enhance Reporting and Automate Processes Work with the General Manager/CEO and Department heads to identify data-based decisions and source of supporting data. Work with the Laserfiche development team and Administration to implement Engineering’s automation and workflow in the document repository, in accordance with the retention schedule. (Five-Year Work Plan) Design and launch a public portal for developers to access as-built designs of the District. (Five-Year Work Plan) Customer Service Customer Service provides the community with prompt, courteous, and world-class customer relations. As the primary contact point with residents, this program explores opportunities to provide thorough/accurate responses to billing inquiries; provide convenient locations and methods for payment; and to resolve customer concerns about service delivery by requesting assistance from water maintenance personnel, and then following up with customers regarding the resolution to their concern. Goals Objectives 1 Develop Strategies to Address Organizational Service Needs Implement new payment options for District customers that are already supported by the District’s billing software. Provide Public Affairs with proposed changes to the Customer Service webpage on the District’s new website. Enforce contractor compliance with an agreement to make temporary meters available for monthly reads through an increased assessment of Temporary Meter Read Availability Charge. 2 Review Regulatory Changes that Require Updates to District Processes / Fee Schedules Work with Engineering and other agencies on a process for identifying additional, billable dwelling units that are added to existing services. (Five-Year Work Plan) Research and assess new/alternative industry practices used for reducing the number of disconnections for non-payment. (Five- Year Work Plan) 3 Enhance Customer Utilization of AMI Data Coordinate with Public Affairs to create AMI related bill inserts, push notifications, and educational videos. Follow up each AMI outreach effort with 100 in-person calls to discuss recent campaign. Sign up twenty customers for leak alerts monthly. 4 Refine Data in Billing System Toward Compliance with State Indoor & Outdoor Water Usage Goals Compare the number of household occupants in the Billing system with external sources of the District’s population. (Five-Year Work Plan) Identify customer accounts with default occupant data. (Five-Year Work Plan) Develop method(s) for converting default occupants to confirmed occupants. (Five-Year Work Plan) Reduce the number of accounts with default occupant numbers by 10%. (Five-Year Work Plan) Meter Services The Meter Services program maintains a network of approximately 23,000 Advanced Metering Infrastructure (AMI) meters. The AMI meter program provides the District and its customers with near real-time consumption information. The Program conducts routine maintenance, testing and replacement of meters to ensure billing is accurate. Goals Objectives 1 Implement Inspection Program for AMI Meters Identify and replace eight vaults in need of lid replacements. Visually inspect meter boxes in routes where read problems are occurring. 2 Work with Customer Service to Address Coverage Issues with the AMI Network Confirm and correct MIU (meter interface unit) and meter numbers on meters that are not transmitting reliable read data. Determine if an additional data collector is needed near or at Plant 132. Order and install if needed to address unreliable collection of reads. 3 Continue Meter Testing Programs in Compliance with State Water Audits Best Practices Conduct an audit of 10% of large meters for accuracy to ensure compliance with AWWA standards. Replace large meters that do not meet AWWA standards. Engineering The Engineering Program responsibilities include infrastructure planning, maintaining a safe and reliable water supply, and ensuring compliance with Federal and State regulations. This Program also oversees wastewater collection and reclamation capital projects. Goals Objectives 1 Develop and Implement the District’s Capital Improvement Program to Address Rehabilitation and Maintenance Needs While Preparing for New Development Complete an evaluation to rehabilitate or replace the reservoir at Plant 56. (Five-Year Work Plan) Complete rehabilitation of the reservoir at Plant 99 or 140. (Five-Year Work Plan) Retrofit and upgrade the water facilities at Plant 101. (Five-Year Work Plan) Conduct the bid phase and start construction of grant-funded pipeline replacements. (Five-Year Work Plan) Evaluate options to upgrade the Plunge Creek Crossing for the North Fork Water Company Pipeline. (Five-Year Work Plan) 2 Develop Plans to Optimize District Water and Energy Resources Complete a study to evaluate alternatives to optimize surface water treatment capacity within the District. (Five-Year Work Plan) Complete groundwater master planning efforts to consider short-term and long-term actions related to groundwater production capacity. (Five- Year Work Plan) Conduct an analysis of alternative energy sources. (Five-Year Work Plan) Complete the bid and drilling phase for the new groundwater well at Plant 129.(Five-Year Work Plan) Complete design of grant-funded seismic retrofits of seven storage reservoirs. (Five-Year Work Plan) Water Production Water Production is responsible for the daily monitoring and operations of the entire water production system to ensure preventative maintenance of all pumps, motors, wells, boosters, reservoirs, pressure regulating valves (PRVs), hydro-pneumatic plants, and the SCADA system. This Program is also responsible for the delivery of Santa Ana River water through the North Fork Water Company canal/pipeline. Goals Objectives 1 Implement a Plan to Identify and Enhance Water Sources’ Requirements Due to the SNRC Discharge Location Support work of contractor to complete rehabilitation of Plant 101. (Five- Year Work Plan) Support construction of new well at Plant 129, and identification of second site to facilitate start of preliminary design work. (Five-Year Work Plan) Contract for a study to determine alternate use of plant and equipment at Plant 143. (Five-Year Work Plan) 2 Enhance the SCADA System to Improve Water Production Reliability Work with the SCADA contractor to identify individual sites for SCADA upgrades. (Five-Year Work Plan) 3 Rehabilitate Plant Components to Ensure Water Production Coordinate with Water Maintenance for replacement of isolation valves to repair critical PRV (Pacific/Osbun). (Five-Year Work Plan) Work with Engineering for rehabilitation of reservoir at Plant 56. (Five- Year Work Plan) Solicit proposals and finalize new master agreements for pump and motor maintenance. (Five-Year Work Plan) Water Treatment Water Treatment is responsible for the management of three different sources of supply used by the District. The District operates Plant 134, a Surface Water Treatment Plant, that can treat Santa Ana River water and imported water from the State Water Project. Staff also operate two unique groundwater treatment facilities: Plant 28 uses GAC and Plant 39 is a blending facility. Goals Objectives 1 Maximize Plant 134 Water Production Determine the frequency of changeouts required for GAC media. (Five- Year Work Plan) Determine most efficient and cost-effective method for disposing of increasing levels of sludge. (Five-Year Work Plan) 2 Develop a Long-Term Replacement Plan Based on Plant Performance Track individual membrane integrity test (MIT) results and repairs to prioritize replacement schedule. (Five-Year Work Plan) 3 Evaluate and Rehabilitate Existing Clean-in-Place Equipment at Plant 134 Inspect existing equipment and establish prioritized replacement schedule. (Five-Year Work Plan) Purchase and install necessary parts and materials to complete the clean- in-place equipment project. (Five-Year Work Plan) Water Quality Water Quality is responsible for ensuring District compliance with State and Federal Drinking Water Regulations. This program manages Backflow Prevention, Water Sampling, and the Fire Hydrant Flushing Programs. Water Quality is also assisting in the development and launch of the Fats, Oils, and Grease (FOG) program for SNRC pre-treatment. Goals Objectives 1 Evaluate Water Quality Regulations and Improve Process Efficiencies to Enhance Water Quality Compliance Begin sampling for U.S. EPA’s revised Lead and Copper Rule, effective summer of 2024. Complete Unregulated Contaminant Monitoring Rule (UCMR5) sampling in accordance with EPA’s sample schedule. 2 Implement Backflow Program Enhancement Modifications Work with customers to replace remaining outdated and unapproved backflow devices. (Five-Year Work Plan) Work with staff to obtain required backflow certification. 3 Evaluate FOG Program Procedures for Effectiveness Identify and investigate non-permitted locations for compliance. Work with contractors to evaluate additional needs for system efficiencies. Evaluate program to ensure fees are adequate to cover program cost. Water Maintenance The Water Maintenance Program is responsible for repair and replacement of the District’s 300 miles of water pipeline. Water Maintenance coordinates with Engineering and Water Production to install water service lines, fire hydrants, meters, valves, and all related equipment. Crew members remain on standby during non-business hours to respond to customer afterhours requests and emergencies. Goals Objectives 1 Prioritize Preventative Maintenance Schedules to Ensure Equipment Readiness for Emergency Response Replace 40 inoperable gate valves on the west side of the District. (Five- Year Work Plan) Coordinate with Production to perform valve replacements to isolate crucial PRV stations in Pacific/Osbun; Plant 37; and Orange/Mercedes. (Five-Year Work Plan) Inspect, maintain, and replace (as needed) 3,000 hydrants on a three- year cycle. (Five-Year Work Plan) Solicit proposals and finalize new master agreement for pipeline repair services. 2 Fully Utilize Tyler’s EnerGov Asset Management Software Continue training and implementation of Tyler’s Asset Management module (EnerGov). 3 Continue Replacement Program for Mains and Inground Fire Service Devices Replace 1,500 feet of water main in Elmwood Drive north of Lynwood. (Five-Year Work Plan) Coordinate with Water Quality to replace final three outdated fire services- on Central Avenue, Palm Avenue, and Pacific Street. (Five-Year Work Plan) Wastewater Collection The Wastewater Collection program performs routine inspections, cleaning, repairs, and replacement of the District’s 230 miles of collection pipelines. The District’s collection system has been engineered to use best practice gravity flow conveyance prior to treatment. California public health code mandates the District is responsible for inspection of wastewater collection systems. The pipeline inspection program uses a sewer inspection camera/transporter and closed-circuit television (CCTV) technology. The videoing software allows the operator to document pipeline condition attributes and location data for maintenance or replacement consideration. Along with videoing the collection pipeline, the Wastewater Collection Program conducts a weekly sewer cleaning program using specialized equipment. The jetting program ensures the whole system is cleaned within 24 months, and high maintenance areas are cleaned more regularly. Goals Objectives 1 Continue Wastewater Collection System Maintenance and Management Video inspect and assess 75 miles of District sewer mains between the northern and southern District boundaries, and west of Del Rosa Avenue. Clean 230 miles of sewer main. Investigate and implement method(s) to reduce rainwater inflow into the wastewater collection system during storm events. 2 Provide Support for the New Fats, Oils, and Grease (FOG) Program Identify high maintenance areas within the collection system for the new contracted FOG inspector. Assist FOG inspector in prioritizing correction efforts. 3 Keep Sewer Mains Clear of Pests and Obstructions Video sewer mains to identify root intrusions. Schedule foam blasting of identified areas to control roots. Schedule spraying of 2,500 manholes for insect control. Water Reclamation The Water Reclamation Program is responsible for treating and disinfecting up to eight million gallons of wastewater per day (MGD) at the District’s new water recycling plant known as the Sterling Natural Resource Center (SNRC). The SNRC operations include anaerobic digestion for energy generation to offset the cost of power needed to operate the plant. Goals Objectives 1 Evaluate SNRC Resourcing Create a plan to onboard interns and provide learning opportunities at the SNRC. (Five-Year Work Plan) Start the Operater In Training Plan (OIT). (Five-Year Work Plan) Develop and implement the SNRC Internship Recruitment Plan. (Five-Year Work Plan) Contract for maintenance and other services not currently performed by staff or other contractors. (Five-Year Work Plan) 2 Meet and Exceed Compliance Requirements for the SNRC Manage and enforce a pre-treatment program. (Five-Year Work Plan) Comply with Air Quality Management District (AQMD) emissions requirements. (Five-Year Work Plan) Comply with recycled water quality requirements. (Five-Year Work Plan) 3 Operate the SNRC to Ensure Long-Term Sustainability and Resource Optimization Develop a comprehensive asset management plan. (Five-Year Work Plan) Participate with regional coalitions and implement Salt Mitigation Feasibility study recommendations. (Five-Year Work Plan) Optimize digestor energy operations to produce 85% of on-site energy needs. (Five-Year Work Plan) Facilities Maintenance Facilities Maintenance is responsible for the maintenance of all District facilities. The District has several locations throughout the 30.1 square mile service area for operating the utility systems. The Program’s oversight includes administration buildings, water facilities, a water reclamation facility (SNRC), District-owned vacant properties, and easements. The purpose of this Program is to mitigate expenses by maintaining a complex facilities management system to achieve Program goals. Goals Objectives 1 Evaluate and Plan Improvements / Demolition of West-End Inventory Storage Facilities (Del Rosa and Plant 39) Contract for construction of a 3,200 sq. ft. storage building at Plant 39. Work with IT to implement security cameras, access controls, and alarms. (Five-Year Work Plan) Remove former office trailers located at the Del Rosa site to prepare for demolition and cleanup. 2 Continue Phased Upgrades and Rehabilitation of District Facilities Develop a comprehensive site improvement project list. Contract for painting the building at Plant 33. Insulate Plant 59 building. Complete the HVAC project by removing swamp coolers and sealing wall openings at Plants 39, 142, and 149. Continue to improve energy efficiency of pump houses and other Plant buildings through lighting upgrades, insulation, and weatherstripping. 3 Assess Security Needs at SNRC, District Headquarters, and Plant 134 Determine the most cost-effective solution for physical security at all three sites. (Five-Year Work Plan) Enhance alarm system for building on Administration side of the SNRC. (Five-Year Work Plan) Fleet Maintenance Fleet Maintenance is responsible for the preventative maintenance program for all District vehicles and heavy equipment. This includes the procurement of fleet items and maintaining compliance with State and Federal air quality rules and regulations. This program includes partnership with local charitable organizations in need of a vehicle to help continue their mission. The District fleet is comprised of light and heavy-duty utility trucks for water and wastewater crew members to maintain District infrastructure. The heavy equipment category of the fleet includes large, specialized equipment for routine maintenance and inspection of the water distribution, wastewater collection, and treatment systems. Goals Objectives 1 Assess Future Operations of Fleet Management Enhance service orders in the Fleet Maintenance module within Tyler’s Energov Asset Management (EAM) software. Continue installation of four EV charging stations for pool vehicles. 2 Continue to Implement the Air Quality Management Program Manage all air quality regulations for AQMD and California Air Resources Board (CARB). Transmit emissions data to the Bureau of Automotive Repair (BAR) using Network Fleet devices. 3 Gain Understanding of New Legislation Affecting the Fleet Maintenance Program Research and understand fleet regulations. Contract vendor to ensure District is in compliance with zero emission regulations. Program Managers April 10, 2024 GOALS & OBJECTIVES FY 2024-25 2 – Abraham Lincoln Give me six hours to chop down a tree and I will spend the first four sharpening the axe. 3 STRATEGIC PLANNING WORKFLOW 4 DISTRICT GOALS Organizational Resiliency Effective Solutions Community Engagement Planning, Maintenance and Preservation of District 5 ORGANIZATIONAL RESILIENCY Emergency Preparedness Workforce Development (Human Resources) 6 ORGANIZATIONAL RESILIENCY 7 EFFECTIVE SOLUTIONS Asset Life Cycle 8 EFFECTIVE SOLUTIONS Document & Records Management Optimize Plant 134 Cost (Admin, Finance)(Water Treatment) Create Asset Management Plan Optimize Power Generation (Water Reclamation)(Water Reclamation) 9 COMMUNITY ENGAGEMENT Engage Legislators in Bills that Impact District Seek Grant Opportunities to Reduce Cost to Ratepayers (Public Affairs)(Public Affairs) Engage Students in Water Expand Utilization of AMI (Conservation)(Conservation) 10 COMMUNITY ENGAGEMENT Capital Investment Customer Service 11 PLANNING, MAINTENANCE AND PRESERVATION OF DISTRICT 12 PLANNING, MAINTENANCE AND PRESERVATION OF DISTRICT Stabilize SNRC Budgeting Seismic Upgrade Reservoirs (Finance)(Engineering) Well Replacement Program Replace Failed Isolation Valves (Engineering)(Water Maintenance) Maximize Benefits of North Fork (Water Production) 13 PROGRAM SUMMARIES 14 Policy Decisions Engage Community Strategic Priorities GOVERNING BOARD 15 GENERAL ADMINISTRATION City Creek Mutual Water Company Document & Records Management Organizational Priorities / Philosophies 16 HUMAN RESOURCES Emergency Preparedness Program Positive Organizational Culture Provide Educational Opportunities 17 PUBLIC AFFAIRS Strategic Community Engagement Enhance District’s Priorities Legislative & Grants 18 CONSERVATION Water Use Efficiencies Rebate Program Water Resource Education 19 FINANCE & ACCOUNTING Financial Stability SNRC Budgeting 20 INFORMATION TECHNOLOGY Technology Infrastructure Systems & Cybersecurity Reporting & Automation 21 CUSTOMER SERVICE Organizational Service Needs Processes & Fees AMI Data State Compliance 22 METER SERVICES AMI Inspection Program AMI Coverage Meter Testing Compliance 23 WATER PRODUCTION SNRC Discharge Location Water Production Reliability Rehabilitate Plant Components 24 WATER TREATMENT Maximize Water Production Replacement Plan Clean-in-Place Equipment 25 WATER QUALITY Water Quality Compliance Backflow Program Enhancements FOG Program 26 WATER MAINTENANCE Emergency Response Readiness Replacement Plan Asset Management 27 WASTEWATER COLLECTION Maintenance & Management Support FOG Program Clear Sewer Mains 28 FACILITIES MAINTENANCE Improvements Rehabilitate Facilities Security Needs 29 FLEET MAINTENANCE Fleet Management Air Quality Management New Legislation Affects 30 ENGINEERING Capital Improvement Program Water & Energy Resources 31 WATER RECLAMATION SNRC Resourcing Compliance Requirements Long-Term Sustainability QUESTIONS Agenda Item #4a April 10, 20241 Meeting Date: April 10, 2024 Agenda Item #4a Discussion Item 1 5 6 3 Regular Board Meeting TO: Governing Board Members FROM: General Manager/CEO SUBJECT: Consider Approval of Agreement for Hazard Mitigation Grant Program (HMGP) Seismic Retrofit of Seven Reservoirs with Engineering Resources of Southern California (ERSC) RECOMMENDATION That the Board of Directors authorize the General Manager/CEO to execute a professional services agreement with ERSC for design of the subject project, for a not to exceed amount of $445,540; with an additional contingency up to 15 percent. BACKGROUND / ANALYSIS The District is continuing with efforts to make impactful decisions that will provide both long lasting benefits to customers. In 2021 the District received Seismic and Structural Engineering Evaluations from Harper and Associates, for 15 of the District’s potable water reservoirs. Seven of those reservoirs were selected, prioritized, and entered into an application for a competitive FEMA grant opportunity; these reservoirs are located at District Plants 33, 39, and 129. In November 2023, the District was awarded the design portion (Phase 1) of the FEMA Hazard Mitigation Grant Program by Cal OES, for a Federal Share and California Match grant amount totaling $688,000. Phase 1 is necessary to qualify for the funds set aside for construction of the designed retrofits (Phase 2). In total, the two phases will provide the District with up to $6.2 million dollars in engineering design and retrofitting upgrades, with Phase 1 target of completion at the end of this calendar year. The District grant matching portion is fully covered by this grant funding from CalOES and FEMA. In accordance with District Policy 7.1, a competitive bidding process was used to select the consultants for engineering design services, for Phase 1. A request for proposals (RFP) was posted on the District’s website on February 21, 2024. Five (5) firms provided proposals. A selection committee reviewed the proposals and interviewed the top ranked firms, selecting ERSC as the top firm recommended for the design phase of the seismic retrofit project. ERSC’s team is located in Redlands, with extensive experience in reservoir planning, design, and tank upgrades. The schedule and approach was a key consideration to meet grant requirements. ESRC includes an experienced team who possess over 25 years of Agenda Item #4a April 10, 20242 Meeting Date: April 10, 2024 Agenda Item #4a Discussion Item 1 5 6 3 tank, structural, and geotechnical expertise. ERSC has completed recent similar projects with other regional entities, including the City of Loma Linda, West Valley Water District, Soboba Band of Luiseno Indians, and San Bernardino County Special District. The recommended Professional Services Contract, for $445,560 (plus 15% contingencies), will provide the necessary submittals to FEMA by January 2025 to be considered for the Phase 2 construction grant award. The contract also provides engineering support during bidding and construction. AGENCY GOALS AND OBJECTIVES I - Implement Effective Solutions Through Visionary Leadership C. Strengthen Regional, State and National Partnerships IV - Promote Planning, Maintenance and Preservation of District Resources C. Dedicate Efforts Toward System Maintenance and Modernization REVIEW BY OTHERS This agenda item has been reviewed by the Engineering Department. FISCAL IMPACT The project is grant funded through CalOES and FEMA, and upon approval of each disbursement, the District will be fully reimbursed. Recommended by: ________________ Michael Moore General Manager/CEO Respectfully submitted: ________________ Jeff Noelte Director of Engineering and Operations ATTACHMENTS Professional Services Agreement Agreement for Services 03/16 AGREEMENT NO 2024.07 EAST VALLEY WATER DISTRICT FOR FOR PROFESSIONAL SERVICES THIS AGREEMENT is made this day of ___________________ 20___, by and between the EAST VALLEY WATER DISTRICT, a County Water District organized and operating pursuant to California Water Code Section 30000 et seq. (hereinafter referred to as the “DISTRICT”), and Engineering Resources of Southern California, Inc.,, a California Corporation (hereinafter referred to as “CONSULTANT”). RECITALS WHEREAS, the DISTRICT desires to contract with CONSULTANT to provide design professional services for Seismic Retrofitting of Water Reservoirs EVWD/FEMA HMGP Grant Project, (hereinafter referred to as “Project”); and WHEREAS, CONSULTANT is willing to contract with the DISTRICT to provide such services; and WHEREAS, CONSULTANT holds itself as duly licensed, qualified, and capable of performing said services; and WHEREAS, this Agreement establishes the terms and conditions for the DISTRICT to retain CONSULTANT to provide the services described herein for the Project. COVENANTS NOW, THEREFORE, in consideration of the faithful performance of the terms and conditions set forth herein, the parties hereto agree as follows: 1 EVWD Standard-Professionals Agreement April, 2024 Agreement for Services 03/16 ARTICLE I ENGAGEMENT OF CONSULTANT AND AUTHORIZATION TO PROCEED 1.1 ENGAGEMENT:The DISTRICT hereby engages CONSULTANT, and CONSULTANT hereby accepts the engagement, to perform certain design professional services described in Section 2.1 of this Agreement for the term set forth in Section 6.7 of this Agreement. 1.2 AUTHORIZATION TO PROCEED: Authorization for CONSULTANT to proceed with all or a portion of the work described in Section 2.1 of this Agreement will be granted in writing by the DISTRICT as soon as both parties sign the Agreement and all applicable insurance and other security documents required pursuant to Section 6.3 of this Agreement are received and approved by the DISTRICT. CONSULTANT shall not proceed with said work until so authorized by the DISTRICT, and shall commence work immediately upon receipt of the Notice to Proceed. 1.3 NO EMPLOYEE RELATIONSHIP: CONSULTANT shall perform the services provided for herein as an independent contractor, and not as an employee of the DISTRICT. The DISTRICT shall have ultimate control over the work performed for the Project. CONSULTANT is not to be considered an agent or employee of the DISTRICT for any purpose, and shall not be entitled to participate in any pension plans, insurance coverage, bonus, stock, or similar benefits that the DISTRICT provides for its employees. CONSULTANT shall indemnify the DISTRICT for any tax, retirement contribution, social security, overtime payment, or workers’ compensation payment which the DISTRICT may be required to make on behalf of CONSULTANT or any employee of CONSULTANT for work performed under this Agreement. ARTICLE II SERVICES OF CONSULTANT 2.1 SCOPE OF SERVICES: The scope of design professional services to be performed by the CONSULTANT under this Agreement are described in the Scope of Work attached hereto as Exhibit “A” and incorporated herein by this reference (“Scope of Work”), and shall, where not specifically addressed, include all related services ordinarily provided by the CONSULTANT under same or similar circumstances and/or otherwise necessary to satisfy the requirements of 2 EVWD Standard-Professionals Agreement April, 2024 Agreement for Services 03/16 Section 3.3 of this Agreement. In case of conflict between the terms of this Agreement and the provisions of the Scope of Work, this Agreement shall govern. 2.2 DEPARTMENT OF INDUSTRIAL RELATIONS COMPLIANCE: This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the California Public Contract Code, or engage in the performance of any contract for public work, as defined by the California Labor Code, unless currently registered and qualified to perform public work pursuant to Section 1725.5 of the California Labor Code. 2.3 PREVAILING WAGES: In accordance with the provisions of the California Labor Code, CONSULTANT shall secure the payment of compensation to employees. To the extent required by the California Labor Code, CONSULTANT shall pay not less than the prevailing rate of per diem wages as determined by the Director, Department of Industrial Relations, and State of California. Copies of such prevailing rate of per diem wages are on file at the DISTRICT’s office, which copies will be made available to any interested party upon request. CONSULTANT shall post a copy of such determination at each job site. If applicable, CONSULTANT shall forfeit to the DISTRICT the amount of the penalty set forth in Labor Code Section 1777.7(b), or any subsequent amendments thereto, for each calendar day, or portion thereof, for each worker paid less than the specified prevailing rates for such work or craft in which such worker is employed, whether paid by CONSULTANT or by any subcontractor. 2.4 HOURS AND WORKING CONDITIONS: The DISTRICT is a public entity in the State of California and is subject to the provisions of the Government Code and the Labor Code of the State. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this Agreement to the same extent as though set forth herein and will be complied with by CONSULTANT. CONSULTANT shall comply with all applicable provisions of the California Labor Code relating to working hours and the employment of apprentices on public works projects. CONSULTANT shall, as a penalty to the DISTRICT, forfeit $25.00 for each worker employed in the execution of this Agreement by CONSULTANT or by any subcontractor, for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week, unless such worker received compensation for all hours worked in excess of 8 hours at not less than 1½ times the basic rate of pay. 3 EVWD Standard-Professionals Agreement April, 2024 Agreement for Services 03/16 ARTICLE III RESPONSIBILITIES OF THE DISTRICT AND OF CONSULTANT 3.1 DUTIES OF THE DISTRICT: The DISTRICT, without cost to CONSULTANT, will provide all pertinent information necessary for CONSULTANT’s performance of its obligations under this Agreement that is reasonably available to the DISTRICT unless otherwise specified in the Scope of Work, in which case the CONSULTANT is to acquire such information. The DISTRICT does not guarantee or ensure the accuracy of any reports, information, and/or data so provided. To the extent that any reports, information, and/or other data so provided was supplied to the DISTRICT by persons who are not employees of the DISTRICT, any liability resulting from inaccuracies and/or omissions contained in said information shall be limited to liability on behalf of the party who prepared the information for the DISTRICT. 3.2 REPRESENTATIVE OF DISTRICT: The DISTRICT will designate Jason Wolf, PE as the person to act as the DISTRICT’s representative with respect to the work to be performed under this Agreement. Such person will have complete authority to transmit instructions, receive information, and interpret and define the DISTRICT’s policies and decisions pertinent to the work. In the event the DISTRICT wishes to make a change in the DISTRICT’s representative, the DISTRICT shall notify the CONSULTANT of the change in writing. 3.3 DUTIES OF CONSULTANT: CONSULTANT shall perform the Project work in such a manner as to fully comply with all applicable professional standards of care, including professional quality, technical accuracy, timely completion, and other services furnished and/or work undertaken by CONSULTANT pursuant to this Agreement. The CONSULTANT shall cause all work and deliverables to conform to all applicable federal, state, and local laws and regulations. 3.4 APPROVAL OF WORK: The DISTRICT’s approval of work or materials furnished hereunder shall not in any way relieve CONSULTANT of responsibility for the technical adequacy of its work. Neither the DISTRICT’s review, approval or acceptance of nor payment for any of the services shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. Where approval by the DISTRICT is indicated in this Agreement, it is understood to be conceptual approval only and does not relieve the CONSULTANT of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the CONSULTANT or its subcontractors. 4 EVWD Standard-Professionals Agreement April, 2024 Agreement for Services 03/16 CONSULTANT’s obligation to defend, indemnify, and hold harmless the DISTRICT, and its directors, officers, employees and agents as set forth in Section 6.9 of this Agreement also applies to the actions or omissions of the CONSULTANT or its subcontractors as set forth above in this paragraph. ARTICLE IV PAYMENTS TO CONSULTANT 4.1 PAYMENT: The DISTRICT will pay CONSULTANT for work performed under this Agreement, which work can be verified by the DISTRICT, on the basis of the following: CONSULTANT shall exercise its good faith best efforts to facilitate a full and clear definition of the scope of all assigned work so that the amount set forth in Section 4.3 of this Agreement will cover all tasks necessary to complete the work. The amount set forth in Section 4.3 of this Agreement is the maximum compensation to which CONSULTANT may be entitled for the performance of services to complete the work for the Project, unless the Scope of Work or time to complete the work is changed by the DISTRICT in writing in advance of the work to be performed thereunder. Adjustments in the total payment amount shall only be allowed pursuant to Section 6.4 of this Agreement. In no event shall CONSULTANT be entitled to compensation greater than the amount set forth in Section 4.3 of this Agreement where changes in the Scope of Work or the time for performance are necessitated by the negligence of CONSULTANT or any subcontractor performing work on the Project. 4.2 PAYMENT TO CONSULTANT: Payment will be made by the DISTRICT within thirty (30) calendar days after receipt of an invoice from CONSULTANT, provided that all invoices are complete and product and services are determined to be of sufficient quality by the DISTRICT. CONSULTANT shall invoice DISTRICT monthly for services performed under this Agreement. In the event that a payment dispute arises between the parties, CONSULTANT shall provide to the DISTRICT full and complete access to CONSULTANT’s labor cost records and other direct cost data, and copies thereof if requested by the DISTRICT. 4.3 ESTIMATED CHARGES: The total estimated charges for all work under this Agreement are $445,540, and up to 15 percent contingencies with District approval, and such amount is the cost ceiling as described herein. The total estimated charges stated herein constitute the total amount agreed to. 5 EVWD Standard-Professionals Agreement April, 2024 Agreement for Services 03/16 4.4 COST FOR REWORK: CONSULTANT shall, at no cost to the DISTRICT, prepare any necessary rework occasioned by CONSULTANT’s negligent act or omission or otherwise due substantially to CONSULTANT’s fault. ARTICLE V COMPLETION SCHEDULE 5.1 TASK SCHEDULE: The work is anticipated to be completed in accordance with the schedule contained in the Scope of Work. 5.2 TIME OF ESSENCE: CONSULTANT shall perform all services required by this Agreement in a prompt, timely, and professional manner in accordance with the above schedule. Time is of the essence in this Agreement. ARTICLE VI GENERAL PROVISIONS 6.1 COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS: CONSULTANT shall at all times observe all applicable provisions of Federal, State, and Local laws and regulations including, but not limited to, those related to Equal Opportunity Employment. 6.2 SUBCONTRACTORS AND OUTSIDE CONSULTANTS: No subcontract shall be awarded by CONSULTANT if not identified as a subcontractor in its Proposal unless prior written approval is obtained from the DISTRICT. CONSULTANT shall be responsible for payment to subcontractors used by them to perform the services under this Agreement. If CONSULTANT subcontracts any of the work to be performed, CONSULTANT shall be as fully responsible to the DISTRICT for the performance of the work, including errors and omissions of CONSULTANT’s subcontractors and of the persons employed by the subcontractor, as CONSULTANT is for the acts and omissions of persons directly employed by the CONSULTANT. Nothing contained in this Agreement shall create any contractual relationship between any subcontractor of CONSULTANT and the DISTRICT. CONSULTANT shall bind every subcontractor and every subcontractor of a subcontractor to the terms of this Agreement that are applicable to CONSULTANT’s work unless specifically noted to the contrary in the subcontract in question and approved in writing by the DISTRICT. 6.3 INSURANCE: CONSULTANT shall secure and maintain in full force and effect, until the satisfactory completion and acceptance of the Project by DISTRICT, such insurance as 6 EVWD Standard-Professionals Agreement April, 2024 Agreement for Services 03/16 will protect it and the DISTRICT in such a manner and in such amounts as set forth below. The premiums for said insurance coverage shall be paid by the CONSULTANT. The failure to comply with these insurance requirements may constitute a material breach of this Agreement, at the sole discretion of the DISTRICT. (a)Certificates of Insurance: Prior to commencing services under this Agreement, and in any event no later than ten (10) calendar days after execution of this Agreement, CONSULTANT shall furnish DISTRICT with Certificates of Insurance and endorsements verifying the insurance coverage required by this Agreement is in full force and effect. The DISTRICT reserves the right to require complete and accurate copies of all insurance policies required under this Agreement. (b)Required Provisions: The insurance policies required by this Agreement shall include the following provisions or have them incorporated by endorsement(s): (1)Primary Coverage: The insurance policies provided by CONSULTANT shall be primary insurance and any self-insured retention and/or insurance carried by or available to the DISTRICT or its employees shall be excess and non-contributory coverage so that any self-insured retention and/or insurance carried by or available to the DISTRICT shall not contribute to any loss or expense under CONSULTANT’s insurance. (2)Additional Insured:The policies of insurance provided by CONSULTANT, except Workers' Compensation and Professional Liability, shall include as additional insureds: the DISTRICT, its directors, officers, employees, and agents when acting in their capacity as such in conjunction with the performance of this Agreement. Such policies shall contain a "severability of interests" provision, also known as "Cross liability" or "separation of insured". (3) (4) Cancellation: Each certificate of insurance and insurance policy shall provide that the policy may not be non-renewed, canceled (for reasons other than non-payment of premium) or materially changed without first giving thirty (30) days advance written notice to the DISTRICT, or ten (10) days advance written notice in the event of cancellation due to non-payment of premium. Waiver of Subrogation:The insurance policies provided by CONSULTANT shall contain a waiver of subrogation against DISTRICT, 7 EVWD Standard-Professionals Agreement April, 2024 Agreement for Services 03/16 its directors, officers, employees and agents for any claims arising out of the services performed under this Agreement by CONSULTANT. Claim Reporting: CONSULTANT shall not fail to comply with the claim reporting provisions or cause any breach of a policy condition or warranty of the insurance policies required by this Agreement that would affect the coverage afforded under the policies to the DISTRICT. (5) (6)Deductible/Retention:If the insurance policies provided by CONSULTANT contain deductibles or self-insured retentions, any such deductible or self-insured retention shall not be applicable with respect to the coverage provided to DISTRICT under such policies. CONSULTANT shall be solely responsible for any such deductible or self-insured retention and the DISTRICT, in its sole discretion, may require CONSULTANT to secure the payment of any such deductible or self-insured retention by a surety bond or an irrevocable and unconditional letter of credit. (7)Consultant’s Subcontractors:CONSULTANT shall include all subcontractors as additional insureds under the insurance policies required by this Agreement to the same extent as the DISTRICT or shall furnish separate certificates of insurance and policy endorsements for each subcontractor verifying that the insurance for each subcontractor complies with the same insurance requirements applicable to CONSULTANT under this Agreement. (c)Insurance Company Requirements: CONSULTANT shall provide insurance coverage through insurers that have at least an "A" Financial Strength Rating and a "VII" Financial Size Category in accordance with the current ratings by the A. M. Best Company, Inc. as published in Best’s Key Rating Guide or on said company’s web site. In addition, any and all insurers must be admitted and authorized to conduct business in the State of California and be a participant in the California Insurance Guaranty Association, as evidenced by a listing in the appropriate publication of the California Department of Insurance. (d)Policy Requirements: The insurance required under this Agreement shall meet or exceed the minimum requirements as set forth below: (1)Workers' Compensation:CONSULTANT shall maintain Workers' Compensation insurance as required by law in the State of California to cover CONSULTANT’s obligations as imposed by federal and state law 8 EVWD Standard-Professionals Agreement April, 2024 Agreement for Services 03/16 having jurisdiction over CONSULTANT’s employees and Employers' Liability insurance, including disease coverage, of not less than $1,000,000. General Liability: CONSULTANT shall maintain Comprehensive General Liability insurance with a combined single limit of not less than $1,000,000 per occurrence or claim and $1,000,000 aggregate. The policy shall include, but not be limited to, coverage for bodily injury, property damage, personal injury, products, completed operations and blanket contractual to cover, but not be limited to, the liability assumed under the indemnification provisions of this Agreement. In the event the Comprehensive General Liability insurance policy is written on a "claims made" basis, coverage shall extend for two years after the satisfactory completion and acceptance of the Project by DISTRICT. (2) (3) (4) Automobile Liability: CONSULTANT shall maintain Commercial Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence for any owned, hired, or non-owned vehicles. Professional Liability: CONSULTANT shall maintain Professional Liability insurance covering errors and omissions arising out of the services performed by the CONSULTANT or any person employed by him, with a limit of not less than $1,000,000 per occurrence or claim and $1,000,000 aggregate. In the event the insurance policy is written on a "Claims made" basis, coverage shall extend for two years after the satisfactory completion and acceptance of the Project by DISTRICT. (5)Property Coverage – Valuable Papers: Property coverage on an all-risk, replacement cost form with Valuable Papers insurance sufficient to assure the restoration of any documents, memoranda, reports, plans or other similar data, whether in hard copy or electronic form, relating to the services provided by CONSULTANT under this Agreement. 6.4 CHANGES IN SCOPE OR TIME: If the DISTRICT requests a change in the Scope of Work or time of completion by either adding to or deleting from the original scope or time of completion, an equitable adjustment shall be made and this Agreement shall be modified in writing accordingly. CONSULTANT must assert any claim for adjustment under this clause in writing within thirty (30) calendar days from the date of receipt from CONSULTANT of the 9 EVWD Standard-Professionals Agreement April, 2024 Agreement for Services 03/16 notification of change unless the DISTRICT grants a further period of time before the date of final payment under this Agreement. 6.5 NOTICES: All notices to either party by the other shall be made in writing and delivered or mailed to such party at their respective addresses as follows, or to other such address as either party may designate, and said notices shall be deemed to have been made when delivered or, if mailed, five (5) days after mailing. To DISTRICT:East Valley Water District 31111 Greenspot Road Highland, CA 92346 Attn: Engineering Manager To CONSULTANT:Engineering Resources of Southern California 1861 W. Redlands Blvd Redlands, CA 92373 Attn: John M. Brudin 6.6 CONSULTANT’S ASSIGNED PERSONNEL: CONSULTANT designates Joanna Rembis, PE to have immediate responsibility for the performance of the work and for all matters relating to performance under this Agreement. Substitution of any assigned personnel shall require the prior written approval of the DISTRICT. If the DISTRICT determines that a proposed substitution is not acceptable, then, at the request of the DISTRICT, CONSULTANT shall substitute with a person acceptable to the DISTRICT. 6.7 (a) TERMINATION: If the engagement of CONSULTANT is not extended by the mutual written consent of the DISTRICT and CONSULTANT, then this Agreement shall expire on the latest date set forth in the schedule contained in the Scope of Work for completion of tasks for the Project. (b)Notwithstanding the above, the DISTRICT may terminate this Agreement or abandon any portion of the Project by giving ten (10) days written notice thereof to CONSULTANT. CONSULTANT may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days written notice only in the event of substantial failure by the DISTRICT to perform in accordance with the terms of this Agreement through no fault of the CONSULTANT. 10 EVWD Standard-Professionals Agreement April, 2024 Agreement for Services 03/16 (c)In the event of termination of this Agreement or abandonment of any portion of the Project, the DISTRICT shall be immediately given title to all original drawings and other documents developed for the Project, and the sole right and remedy of CONSULTANT shall be to receive payment for all amounts due and not previously paid to CONSULTANT for services completed or in progress in accordance with the Agreement prior to such date of termination. If termination occurs prior to completion of any task for which payment has not been made, the fee for services performed during such task shall be based on an amount mutually agreed to by the DISTRICT and CONSULTANT. Such payments available to the CONSULTANT under this paragraph shall not include costs related to lost profit associated with the expected completion of the work or other such payments relating to the benefit of this Agreement. 6.8 ATTORNEYS’ FEES: In the event that either the DISTRICT or CONSULTANT brings an action or proceeding for damages for an alleged breach of any provision of this Agreement, to interpret this Agreement or determine the rights of and duties of either party in relation thereto, the prevailing party shall be entitled to recover as part of such action or proceeding all litigation, arbitration, mediation and collection expenses, including witness fees, court costs, and reasonable attorneys' fees. Such fees shall be determined by the Court in such litigation or in a separate action brought for that purpose. Mediation will be attempted if both parties mutually agree before, during, or after any such action or proceeding has begun. 6.9 (a) INDEMNITY: CONSULTANT shall defend, indemnify and hold DISTRICT, including its directors, officers, employees and agents, harmless from and against any and all claims, demands, causes of action, suits, debts, obligations, liabilities, losses, damages, costs, expenses, attorney’s fees, awards, fines, settlements, judgments or losses of whatever nature, character, and description, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT or any of CONSULTANT’s subcontractors, including their respective directors, officers, employees, agents and assigns, excepting only such matters arising from the sole negligence or willful misconduct of the DISTRICT. (b)CONSULTANT shall defend, indemnify and hold DISTRICT, including its directors, officers, employees and agents, harmless from and against any and all claims, demands, causes of action, suits, debts, obligations, liabilities, losses, damages, costs, expenses, attorney’s fees, awards, fines, settlements, judgments or 11 EVWD Standard-Professionals Agreement April, 2024 Agreement for Services 03/16 losses of whatever nature, character, and description, with respect to or arising out of any infringement or alleged infringement of any patent, copyright or trademark and arising out of the use of any equipment or materials furnished under this Agreement by the CONSULTANT or CONSULTANT’s subcontractors, including their respective directors, officers, employees, agents and assigns, or out of the processes or actions employed by, or on behalf of, the CONSULTANT or CONSULTANT’s subcontractors, including their respective directors, officers, employees, agents and assigns, in connection with the performance of services under this Agreement. CONSULTANT shall have the right, in order to avoid such claims or actions, to substitute at its expense non-infringing equipment, materials or processes, or to modify at its expense such infringing equipment, materials, and processes so they become non-infringing, provided that such substituted and modified equipment, materials, and processes shall meet all the requirements and be subject to all the provisions of this Agreement. (c)CONSULTANT shall defend, indemnify and hold DISTRICT, including its directors, officers, employees and agents, harmless from and against any and all claims, demands, causes of action, suits, debts, obligations, liabilities, losses, damages, costs, expenses, attorney’s fees, awards, fines, settlements, judgments or losses of whatever nature, character, and description, with respect to or arising out of any breach by CONSULTANT or CONSULTANT’s subcontractors, including their respective directors, officers, employees, agents and assigns, of the aforesaid obligations and covenants, and any other provision or covenant of this Agreement. It is the intent of the parties to this Agreement that the defense, indemnity, and hold harmless obligation of CONSULTANT under this Agreement shall be as broad and inclusive as may be allowed under California Civil Code §§ 2778 through 2784.5, or other similar state or federal law. (d) 6.10 SAFETY: CONSULTANT shall perform the work in full compliance with applicable State and Federal safety requirements including, but not limited to, Occupational Safety and Health Administration requirements. (a)CONSULTANT shall take all precautions necessary for the safety of, and prevention of damage to, property on or adjacent to the Project site, and for the safety of, and prevention of injury to, persons, including DISTRICT’s employees, CONSULTANT’s employees, and third persons. All work shall be performed 12 EVWD Standard-Professionals Agreement April, 2024 Agreement for Services 03/16 entirely at CONSULTANT’s risk. CONSULTANT shall comply with the insurance requirements set forth in Section 6.3 of this Agreement. (b)CONSULTANT shall also furnish the DISTRICT with a copy of any injury prevention program established for the CONSULTANT’s employees pursuant to Labor Code Section 6401.7, including any necessary documentation regarding implementation of the program. CONSULTANT hereby certifies that its employees have been trained in the program, and procedures are in place to train employees whenever new substances, processes, procedures, or equipment are introduced. CONSULTANT shall demonstrate compliance with Labor Code Section 6401.7 by maintaining a copy of its Injury and Illness Prevention Plan at the Project site and making it available to the DISTRICT. 6.11 EXAMINATION OF RECORDS: All original drawings, specifications, reports, calculations, and other documents or electronic data developed by CONSULTANT for the Project shall be furnished to and become the property of the DISTRICT. CONSULTANT agrees that the DISTRICT will have access to and the right to examine any directly pertinent books, documents, papers, and records of any and all of the transactions relating to this Agreement. 6.12 OWNERSHIP OF SOFTWARE: (a)Subject to payment of all compensation due under this Agreement and all other terms and conditions herein, CONSULTANT hereby grants DISTRICT a nonexclusive, transferable, royalty-free license to use the Software furnished to DISTRICT by CONSULTANT under this Agreement. The license granted herein shall authorize DISTRICT to: (1)Install the Software on computer systems owned, leased or otherwise controlled by DISTRICT; (2) (3) Utilize the Software for its internal data-processing purposes; and Copy the Software and distribute as desired to exercise the rights granted herein. (b)CONSULTANT retains its entire right, title and interest in the Software developed under this Agreement. DISTRICT acknowledges that CONSULTANT owns or holds a license to use and sublicense various pre-existing development tools, routines, subroutines and other programs, data and materials that CONSULTANT may include in the Software developed under this Agreement. This material shall be referred to hereafter as “Background Technology.” 13 EVWD Standard-Professionals Agreement April, 2024 Agreement for Services 03/16 (c)DISTRICT agrees that CONSULTANT shall retain any and all rights CONSULTANT may have in the Background Technology. CONSULTANT grants DISTRICT an unrestricted, nonexclusive, perpetual, fully paid-up worldwide license to use the Background Technology in the Software developed and delivered to DISTRICT under this Agreement, and all updates and revisions thereto. However, DISTRICT shall make no other commercial use of the Background Technology without CONSULTANT’s written consent. 6.13 INTEGRATION AND AMENDMENT: This Agreement contains the entire understanding between the DISTRICT and CONSULTANT as to those matters contained herein. No other representations, covenants, undertakings or other prior or contemporaneous agreements, oral or written, respecting those matters, which are not specifically incorporated herein, may be deemed in any way to exist or to bind any of the parties hereto. Each party acknowledges that it has not executed this Agreement in reliance on any promise, representation or warranty not set forth herein. This Agreement may not be amended except by a writing signed by all parties hereto. 6.14 ASSIGNMENT: Neither party shall assign or transfer its interest in this Agreement without written consent of the other party. All terms, conditions, and provisions of this Agreement shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 6.15 GOVERNING LAW: This Agreement shall be construed as if it was jointly prepared by both parties hereto, and any uncertainty or ambiguity contained herein shall not be interpreted against the party drafting same. This Agreement shall be enforced and governed by the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state court situated in the County of San Bernardino, State of California, or in a federal court with in rem jurisdiction over the Project. 6.16 HEADINGS: Article and Section headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants, and conditions of this Agreement. 6.17 PARTIAL INVALIDITY: If any term, covenant, condition, or provision of this Agreement is found by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated thereby. 6.18 EFFECT OF DISTRICT’S WAIVER: Any failure by the DISTRICT to enforce any provision of this Agreement, or any waiver thereof by the DISTRICT, shall not constitute a 14 EVWD Standard-Professionals Agreement April, 2024 Agreement for Services 03/16 waiver of its right to enforce subsequent violations of the same or any other terms or conditions herein. 6.19 AUTHORITY: The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to sign this Agreement on behalf of and to so bind their respective legal entities. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. CONSULTANT DISTRICT By:_____________________________By:_____________________________ East Valley Water District_____________________________ (John M. Brudin 15 EVWD Standard-Professionals Agreement April, 2024 Agreement for Services 03/16 EXHIBIT A SCOPE OF WORK 16 of 16 EVWD Standard-Professionals Agreement April, 2024 Proposal for Engineering Services for Seismic Retrofitting of Water Reservoirs SCOPE OF WORK TASK 1: DATA GATHERING AND TECHNICAL MEMORANDUM TASK 1.1 (SITE VISIT & MEMORANDUM) 1. Records: Evaluate exisꢀng records, previous reports, and as-built documents provided by EVWD as outlined in the RFP. 2. Site Visit: Conduct field invesꢀgaꢀons to accurately locate and confirm the posiꢀons of current uꢀliꢀes. Obtain necessary measurements for implemenꢀng seismic upgrades and idenꢀfy any potenꢀal construcꢀon challenges. a. Capture photographic documentaꢀon during the site visit and record exisꢀng condiꢀons for inclusion in the Technical Memorandum. 3. Sampling & Laboratory Analyses: The objecꢀve of this item is to definiꢀvely confirm the types and levels of heavy metals within the coaꢀng and paint to assist in planning the work and ensure all personnel health, safety measures, and environmental controls are idenꢀfied and implemented. ERSC’s team proposes to remove 3 samples of interior coaꢀngs and 2 samples of exterior paint from each reservoir to determine if they contain lead, chromium compounds, or zinc as required by Title 22. 4. Report: Develop a technical memorandum outlining recommended seismic upgrades for each reservoir in accordance with the latest AWWA D100 Seismic Standards and Uniform Building Codes (UBC). This memorandum will encompass a conceptual layout of the seismic upgrades and esꢀmates for construcꢀon costs and schedules. a. Provide EVWD with a Draꢁ Technical Memorandum for review and feedback. b. Revise the draꢁ Technical Memorandum to integrate EVWD’s input and submit a final version of the document, endorsed and signed by a professional engineer. TASK 1.2 (SOILS REPORT & STRUCTURAL CALCULATIONS) 1. Geotechnical Report: ERSC will team with Aragon Geotechnical, Inc. (AGI), a DBE firm, to provide a geotechnical invesꢀgaꢀon describing test methods, results, and conclusions. It will also be an integral part of the project’s design. At a minimum, the invesꢀgaꢀon will evaluate sub-surface condiꢀons that will impact excavaꢀon characterisꢀcs of the soil, lateral load requirements for trench shoring, safe trench side slopes, over-excavaꢀon, seismicity, design criteria for foundaꢀon design, pipe zone backfill, suitability of exisꢀng soil to be used as backfill, appropriate backfill methods and compacꢀon procedures, corrosion potenꢀal of the soil, and potenꢀal geological hazards. All three sites are interpreted to feature granular and non-expansive sand and gravel alluvium to depths exceeding 100 feet. AGI proposes 3 to 4 soil borings per site or up to 12 borings total, with final counts depending largely on pipe interference or site access issues. There is not much room to maneuver around some tank arrays. Moreover, confirming the presence or absence of fill at the shell locaꢀons will be criꢀcal. Old fills are unlikely to be products of engineered grading, and undocumented fill is disallowed for foundaꢀon bearing. Therefore, we need to get as close to the tanks as possible. ERSC will incorporate all geotechnical requirements into the planning and design phase of the project. A draꢁ geotechnical report will be submiꢂed to the EVWD for review. The Final Geotechnical report will include any recommendaꢀons for EVWD. 2. Perform seismic calculaꢀons for each reservoir based on the site-specific values. 3. Prepare recommendaꢀons for the seismic upgrades for each reservoir based on the new calculaꢀons. The calculaꢀons and summary of upgrades with the associated costs will be included in the draꢁ technical memorandum. TASK 1.3 – CEQA 1. Develop, coordinate, and submit a CEQA Noꢀce of Exempꢀon package for each site selected to move forward aꢁer review of the draꢁ technical memorandum TASK 2: DEVELOPMENT OF CONSTRUCTION DOCUMENTS 1. Meet with EVWD to review the reports and finalize a scope of work for each reservoir. 2. Prepare detailed design calculaꢀons, including structural calculaꢀons based on seismic zone 4 for all structural modificaꢀons. 3. Prepare technical specificaꢀons in accordance with current AWWA Standard D100 regulaꢀons, Cal/OSHA requirements, SWRCB regulaꢀons, and Public Works Construcꢀon (Greenbook). The specificaꢀons will include: a. Earthwork (if determined necessary). b. Pipeline, valves, and equipment for connecꢀng exisꢀng water system to reservoirs. c. Reservoir foundaꢀons. d. Reservoir appurtenances, including drain, overflow, ladders, vents, manholes, vents, mixing systems, etc. e. Reservoir coaꢀng and painꢀng compliant with the AQMD. f. Sacrificial Cathodic Protecꢀon System 4. Refine and finalize plans for the construcꢀon of seismic retrofits to each reservoir. The plans will include a site layout of each reservoir and the layout of the seismic upgrades. 5. An engineer’s esꢀmate will be prepared based on the bid schedule generated for the project and provided with each submiꢂal. The esꢀmate will include a basis of esꢀmate discussion, idenꢀficaꢀon of the esꢀmate unit, and associated quanꢀꢀes. The cost esꢀmate will be based on current/recent projects of similar scope. Proposal for Engineering Services for Seismic Retrofitting of Water Reservoirs 6. Upon receipt of the electronic version of EVWD’s boilerplate, ERSC will update the standards to correlate to the project specifics, including but not limited to bid schedule, measure and payment secꢀon, special condiꢀons, project ꢀme, and other related documents for bid. Specificaꢀons will be completed in Word format. 7. Milestone 1: 50% submiꢂal - ERSC will submit a 50% submiꢂal of the plans, specificaꢀons, engineers cost esꢀmate for review and comment by the EVWD. 8. Milestone 2: 90% Submiꢂal - ERSC will review the comments and feedback from the EVWD during the 50% submiꢂal and incorporate it into the 90% submiꢂal of the PS&E for submiꢂal to EVWD for review. 9. Milestone 3: 100% Submiꢂal - Upon receipt of any EVWD comments, the 90% submiꢂal will be updated accordingly, and ERSC will prepare a complete set of 100% design PS&E and contract documents. ERSC will make all EVWD-requested changes, addiꢀons, deleꢀons, and correcꢀons to the Final Design Plans. 10. Milestone 4: Final Submiꢂal - ERSC shall perform rouꢀne and final review prior to signing the plans to ensure accuracy, conformance, and integrity. Sound engineering will be administered throughout the project, and all calculaꢀons performed will be checked for accuracy. 11. Conduct phone conferences or in-person meeꢀngs with EVWD, whichever the District prefers, aꢁer each design submiꢂal to discuss comments and changes. 12. ERSC will keep a log of all the submiꢂals, review comments, and responses. Deliverables: • • PS&E (50%. 90% and 100%) Signed and stamped mylars and specificaꢀons, calculaꢀons, and all documents will be provided electronically in their original format (PDF and hard copy). A TOTAL OF TWO SEPARATE BID PACKAGES WILL BE PREPARED. TASK 3: BIDDING ASSISTANCE (FOR TWO CONSTRUCTION CONTRACTS) 1. Prepare the Noꢀce of Inviꢀng Bids based on the agreed-upon date and ꢀme with EVWD and distribute it to interested parꢀes. 2. Prepare the agenda and facilitate the Pre-Bid meeꢀng. Present a summary of project requirements, answer any quesꢀons, assist in pre-bid inspecꢀon, and prepare meeꢀng minutes, including wriꢂen responses to quesꢀons and clarificaꢀon as needed. 3. Assist EVWD during the bidding process with requests for informaꢀon and requests for clarificaꢀon from the bidders regarding the design plans and technical specificaꢀons. ERSC will take the lead in preparing, tracking, and issuing bid addenda as required to provide clarificaꢀon on contract documents and responses to Requests for Informaꢀon (RFI) and Request for Clarificaꢀon (RFC). ERSC will help EVWD staff with technical details required for staff reports provided to the Board (ERSC anꢀcipates two (2) Addendums and five (5) RFIs). 4. Assist EVWD staff in analyzing bids, verifying contractors’ licenses, conducꢀng a background check of the lowest responsive bidder, and making a recommendaꢀon for the award of the construcꢀon contract. 5. If determined necessary, prepare a construcꢀon set of documents that incorporate any changes made during the bid and note them as a revision to the bid documents. TASK4:ENGINEERINGSUPPORTDURINGCONSTRUCTION(FORTWOCONSTRUCTION CONTRACTS) 1. Provide general contract administraꢀon for the construcꢀon of the project. Provide office engineering and consultaꢀon as required and coordinate with EVWD and other staff to manage the construcꢀon contract. 2. Provide assistance with request(s) for informaꢀon, clarificaꢀons, and change orders (COs) as needed. The modificaꢀons communicated by change order will be fully documented with drawings and/or wriꢂen descripꢀons of the work required. Assist with determinaꢀon and/or negoꢀaꢀons for compensaꢀon for COs. Work will be provided for a total of 15 RFI/CO. 3. Review and approve or reject all submiꢂals in a ꢀmely manner. Rejected submiꢂals will be supplemented with an explanaꢀon of the reason for rejecꢀon and any requirements for resubmiꢂal. Assure that any deviaꢀons or subsꢀtuꢀons submiꢂed by the contractor shall be equal to or of beꢂer quality than specified in the contract documents. Make recommendaꢀon(s), review all subsꢀtuꢀons with EVWD’s staff, and receive EVWD’s concurrence prior to approving any subsꢀtuꢀon. Submit to EVWD two (2) copies of all preliminary and final shop drawings that have been reviewed for conformance. Submiꢂals are based on 15 total submiꢂals. 4. Coordinate and direct tesꢀng as needed for conformance with plans and specificaꢀons. Tests shall be conducted by the vendor or contractor. Review and evaluate all tests and make recommendaꢀons to EVWD prior to installaꢀon and acceptance of the finished facility. Coordinate and assist in the verificaꢀon of intermediate and final acceptance. 5. Provide as-needed construcꢀon acꢀviꢀes to resolve issues or verify progress. Costs are based on 4 site visits per reservoir. This cost excludes coaꢀng and painꢀng inspecꢀon, which is recommended to be provided by a full-ꢀme inspector for the project. Proposal for Engineering Services for Seismic Retrofitting of Water Reservoirs TASK 5: AS-BUILT DRAWING PREPARATION (FOR TWO CONSTRUCTION CONTRACTS) 1. Prepare record drawings by marking all changes on original mylar drawings provided by EVWD and submit one (1) full-size copy of record drawings along with the return of said mylar drawings. Prepare record drawings in AutoCAD and submit electronic file(s) on compact disc to EVWD. TASK 6: PROJECT MEETINGS AND MANAGEMENT 1. ERSC will work with EVWD Staff to schedule a Project Kickoff Meeꢀng at EVWD’s office or via teleconference, depending on EVWD’s preference. The kickoff meeꢀng will include a review of background informaꢀon and project scope and an overview of the project schedule, objecꢀves, milestones, criꢀcal paths, progress meeꢀngs, and various other details. 2. Prior to any meeꢀngs, ERSC will provide a wriꢂen agenda to EVWD no less than three working days in advance, and minutes within five working days aꢁer a meeꢀng. At each progress meeꢀng, ERSC will provide the District with an updated progress schedule and cost summary report/invoices. 3. Coordinate with EVWD regularly throughout the project to discuss results of analyses, obtain addiꢀonal informaꢀon as necessary, resolve any contract administraꢀon issues, and provide schedule updates. 4. Determine agencies involved in the project, provide communicaꢀons with them, and comply with their respecꢀve permiꢃng requirements. 5. Submit all deliverables to EVWD. 6. Aꢂend 5 progress meeꢀngs with EVWD throughout the course of the project. EAST VALLEY WATER DISTRICT ENGINEERING SERVICES FOR SEISMIC RETROFITTING OF WATER RESERVOIRS PROJECT SCHEDULE ID Task Name Duration Start Finish Qtr 2, 2024 Apr Qtr 3, 2024 Jul Qtr 4, 2024 Oct Qtr 1, 2025 JanFebMarMayJunAugSepNovDec Feb M 1 2 3 4 5 6 7 8 9 PHASE 1 - ENGINEERING DESIGN ANTICIPATED AWARD OF CONTRACT NOTICE TO PROCEED 240 days 1 day 1 day Tue 3/19/24 Mon 2/17/25 Tue 3/19/24 Tue 3/19/24 Wed 4/3/24 Thu 4/4/24 Fri 4/5/24 Wed 4/3/24 Thu 4/4/24 Thu 4/11/24 Thu 4/11/24 Thu 5/30/24 Thu 6/13/24 Thu 6/20/24 KICK‐OFF MEETING REVIEW DATA AND PREVIOUS REPORTS FIELD INVESTIGATION PREPARE AND SUBMIT DRAFT TECHNICAL MEMORANDUM EVWD REVIEW OF DRAFT TECHNICAL MEMORANDUM ERSC INCORPORATE EVWD'S COMMENTS AND SUBMIT FINAL 5 days TECHNICAL MEMORANDUM 1 day 5 days 5 days 35 days 10 days Fri 4/5/24 Fri 4/12/24 Fri 5/31/24 Fri 6/14/24 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 MEETING TO DISCUSS TECHNICAL MEMORANDUM PREPARE PLANS, SPECIFICATIONS & ESTIMATE (PS&E) 50% SUBMITTAL PS&E AND REVIEW BY EVWD MEETING TO DISCUSS 50% SUBMITTAL REVISE PS&E 90% SUBMITTAL PS&E AND REVIEW BY EVWD MEETING TO DISCUSS 90% SUBMITTAL REVISE PS&E 100% SUBMITTAL PS&E AND REVIEW BY EVWD COMPLETE BID DOCUMENTS EVWD INTERNAL PROCESS OF BID DOCUMENTS FINALIZED PROJECT DOCUMENTS ADVERTISE 1 day Fri 6/21/24 Mon 6/24/24 Fri 8/16/24 Mon 8/19/24 Fri 8/30/24 Mon 9/2/24 Tue 9/3/24 Fri 6/21/24 40 days 10 days 1 day 10 days 10 days 1 day 5 days 10 days 5 days 10 days 5 days 10 days 1 day Mon 9/2/24 Mon 9/16/24 Tue 9/17/24 Mon 9/30/24 Tue 10/1/24 Tue 10/1/24 Wed 10/2/24 Tue 10/8/24 Wed 10/9/24 Tue 10/22/24 Wed 10/23/24 Tue 10/29/24 Wed 10/30/24 Tue 11/12/24 Wed 11/13/24 Tue 11/19/24 Wed 11/20/24 Tue 12/3/24 Wed 12/18/24 Wed 12/18/24 Thu 1/2/25 Fri 1/3/25 Fri 2/14/25 Mon 2/17/25 Mon 2/17/25 Tue 2/18/25 Mon 2/15/27 PRE‐BID CONFERENCE BID DATE AWARD AND PROCESS CONTRACT DOCUMENTS PRE‐CONSTRUCTION MEETING NOTICE TO PROCEED FOR CONSTRUCTION 1 day 30 days 1 day 1 day 520 days Thu 1/2/25 Thu 2/13/25 Fri 2/14/25 28 PHASE 2 ‐ CONSTRUCTION (BASED ON WORK PERFORMED ON MULTIPLE TANKS AT A TIME) Page 1 MARCH 20, 2024 Engineering Resources of Southern California, Inc. | Schedule of Rates Professional Staff NOTE: All rates hereon are subject to automaꢀc increase upon July 1st of each year. Rates will be adjusted by the percentPresident ........................................................................... $305.00 Vice President.................................................................... $260.00 Sr. Principal Engineer......................................................... $255.00 Principal Engineer.............................................................. $230.00 Assistant Principal Engineer .............................................. $215.00 Engineer V ......................................................................... $195.00 Engineer IV ........................................................................ $175.00 Engineer III ........................................................................ $160.00 increase in California Consumer Price Index-All Urban Consumers for the twelve-month period ending February as calculated by the California Department of Industrial Relaꢀons (CADIR) California Consumer Price Index Calculator. Prevailing Wage Rates are dictated by the CADIR. All classificaꢀons which are subject to Prevailing Wages will be adjusted when revised determinaꢀons are published by the CADIR. Engineer II ......................................................................... $145.00 Unless otherwise established by contractual agreement, Engineer I .......................................................................... $130.00 payment is due and payable upon receipt. Payment is considered delinquent if not paid within 30 days of invoice date. If payment is not completed within agreed terms, Client agrees to pay a service charge on the amount past due at the rate of 1.5% per month (18% per annum). Engineering Staff Principal Engineering Associate......................................... $210.00 Senior Engineering Associate ............................................ $190.00 Engineering Associate V .................................................... $165.00 Engineering Associate IV ................................................... $145.00 Engineering Associate III.................................................... $135.00 Engineering Associate II..................................................... $120.00 Engineering Associate I...................................................... $115.00 Engineering Aide II .............................................................. $65.00 Engineering Aide I ............................................................... $60.00 Survey Staff and Services Principal Surveyor.............................................................. $215.00 Senior Surveyor ................................................................. $175.00 Surveyor III ........................................................................ $140.00 Surveyor II ......................................................................... $125.00 Surveyor I .......................................................................... $105.00 2-Man Survey Crew (Std Equipment/Truck)...................... $320.00 1-Man Survey Crew (Std Equipment/Truck)...................... $250.00 3rd Man on Survey Crew................................................... $140.00 Construcꢀon Support Staff Construcꢀon Manager....................................................... $215.00 Chief Construcꢀon Inspector............................................. $165.00 Sr. Construcꢀon Inspector ................................................. $155.00 Construcꢀon Inspector...................................................... $145.00 Inspector Overꢀme (Hours 8-12/Saturdays) ..................... $200.00 Inspector Overꢀme (Hours 12+/Sundays)......................... $235.00 Administraꢀve Staff Operaꢀons Manager ......................................................... $120.00 Operaꢀons Specialist......................................................... $100.00 Administraꢀve Assistant II................................................... $90.00 Administraꢀve Assistant I .................................................... $80.00 Other Direct Expenses Vehicle Mileage ................................................ $0.70/Mile Subconsultant................................................... Cost + 20% Reimbursable Expenses/Charges ..................... Cost + 15% Forensic Analysis ................................. Standard Rate X 2 Expert Witness .................................... Standard Rate X 3 March 1, 2024 Agenda Item #4b April 10, 20241 Meeting Date: April 10, 2024 Agenda Item #4b Discussion Item Regular Board Meeting TO: Governing Board Members FROM: General Manager/CEO SUBJECT: Consider Approval of Agreement for Hydrogeologic Operations Studies with Rincon Consultants, Inc. for the Sterling Natural Resource Center RECOMMENDATION That the Board of Directors authorize the General Manager/CEO to execute an agreement with Rincon Consultants, Inc. to provide support for Hydrogeologic Operational Studies for the SNRC project for a not-to-exceed amount of $205,625. BACKGROUND / ANALYSIS The Sterling Natural Resource Center (SNRC) requires extensive water quality analysis to determine the effect of recharging recycled water into the groundwater basin. The California Division of Drinking Water and the Regional Water Quality Control Board require studies for the operation of Weaver Recharge Basins. The required studies include a Tracer Study and a Soil Aquifer Treatment (SAT) Study to verify assumptions proposed in the District’s permitting documentation. This Agreement will provide the Tracer Study and SAT Study required for the SNRC permit. The treatment of wastewater to produce recycled water for groundwater recharge includes extensive regulations and permitting administered by multiple State agencies. Key staff at Rincon Consultants has provided consulting services on the SNRC project since 2015 and was initially contracted prior to East Valley Water District obtaining LAFCO authority for wastewater treatment. The contract services included the preparation of multiple engineering documents required by the regulations, and extensive modeling of the proposed groundwater recharge activity. Following the initial environmental studies and evaluations, the SNRC Project evolved to include the anaerobic digestion system and change in the main discharge location to the Redlands Basin instead of City Creek. These changes were significant enough to require the groundwater modeling work to be redone under the adjusted conditions, and to require updating of the engineering documents. With the change in discharge location from Redlands Basin to the Weaver Basins, the groundwater modeling and engineering documents needed to be redone to reflect groundwater recharge taking place at the Weaver Basins. This analysis was accepted by the Regional Water Quality Control Board and The District received its Waste Discharge Requirements and Water Recycling Requirements. Agenda Item #4b April 10, 20242 Meeting Date: April 10, 2024 Agenda Item #4b Discussion Item Now that the groundwater modeling and engineering documents have been accepted by the regulators, there are several requirements relating to monitoring of the proposed groundwater recharge activities that need to be completed during the initial operations of Weaver Basins. These requirements include performing a Tracer Study to verify groundwater travel times by adding a tracer compound to the Weaver Basins and monitoring its presence as groundwater moves towards a previously constructed monitoring well. In addition, a SAT Study is required to verify removal rates of key water quality constituents as recycled water moves through the soil on its way to the groundwater table. Staff is recommending this work to be accomplished by awarding an agreement to Rincon Consultants for $205,625. The attached draft agreement and associated scope of work provides a detailed description of the services to be provided. The anticipated completion of this work is February 28, 2025. AGENCY GOALS AND OBJECTIVES I - Implement Effective Solutions Through Visionary Leadership A. Identify Opportunities to Optimize Natural Resources IV - Promote Planning, Maintenance and Preservation of District Resources A. Develop Projects and Programs to Ensure Safe and Reliable Services REVIEW BY OTHERS This agenda item has been reviewed by the executive management team. FISCAL IMPACT Most of the proposed agreement amount of $205,625, will be included in the FY 24/25 budget. A portion of the agreement amount will be amended to the FY 23/24 budget. Recommended by: ________________ Michael Moore General Manager/CEO Respectfully submitted: ________________ Jeff Noelte Director of Engineering and Operations ATTACHMENTS Agenda Item #4b April 10, 20243 Meeting Date: April 10, 2024 Agenda Item #4b Discussion Item Draft Agreement Scope of Work 1 EVWD Standard-Professionals Agreement March 2016 AGREEMENT NO 2024.___ EAST VALLEY WATER DISTRICT FOR FOR PROFESSIONAL SERVICES WITH RINCON CONSULTANTS, INC. THIS AGREEMENT is made this day of 2024, by and between the EAST VALLEY WATER DISTRICT, a County Water District organized and operating pursuant to California Water Code Section 30000 et seq. (hereinafter referred to as the “DISTRICT”), and Rincon Consultants, Inc., an engineering service company (hereinafter referred to as “CONSULTANT”). RECITALS WHEREAS, the DISTRICT desires to contract with CONSULTANT to support hydrogeologic operational studies for the Sterling Natural Resource Center (hereinafter referred to as “Project”); and WHEREAS, CONSULTANT is willing to contract with the DISTRICT to provide such services; and WHEREAS, CONSULTANT holds itself as duly licensed, qualified, and capable of performing said services; and WHEREAS, this Agreement establishes the terms and conditions for the DISTRICT to retain CONSULTANT to provide the services described herein for the Project. COVENANTS NOW, THEREFORE, in consideration of the faithful performance of the terms and conditions set forth herein, the parties hereto agree as follows: 2 EVWD Standard-Professionals Agreement March 2016 ARTICLE I ENGAGEMENT OF CONSULTANT AND AUTHORIZATION TO PROCEED 1.1 ENGAGEMENT: The DISTRICT hereby engages CONSULTANT, and CONSULTANT hereby accepts the engagement, to perform certain design professional services described in Section 2.1 of this Agreement for the term set forth in Section 6.7 of this Agreement. 1.2 AUTHORIZATION TO PROCEED: Authorization for CONSULTANT to proceed with all or a portion of the work described in Section 2.1 of this Agreement will be granted in writing by the DISTRICT as soon as both parties sign the Agreement and all applicable insurance and other security documents required pursuant to Section 6.3 of this Agreement are received and approved by the DISTRICT. CONSULTANT shall not proceed with said work until so authorized by the DISTRICT, and shall commence work immediately upon receipt of the Notice to Proceed. 1.3 NO EMPLOYEE RELATIONSHIP: CONSULTANT shall perform the services provided for herein as an independent contractor, and not as an employee of the DISTRICT. The DISTRICT shall have ultimate control over the work performed for the Project. CONSULTANT is not to be considered an agent or employee of the DISTRICT for any purpose, and shall not be entitled to participate in any pension plans, insurance coverage, bonus, stock, or similar benefits that the DISTRICT provides for its employees. CONSULTANT shall indemnify the DISTRICT for any tax, retirement contribution, social security, overtime payment, or workers’ compensation payment which the DISTRICT may be required to make on behalf of CONSULTANT or any employee of CONSULTANT for work performed under this Agreement. ARTICLE II SERVICES OF CONSULTANT 2.1 SCOPE OF SERVICES: The scope of professional services to be performed by the CONSULTANT under this Agreement are described in the Scope of Work attached hereto as Exhibit “A” and incorporated herein by this reference (“Scope of Work”), and shall, where not specifically addressed, include all related services ordinarily provided by the CONSULTANT under same or similar circumstances and/or otherwise necessary to satisfy the requirements of 3 EVWD Standard-Professionals Agreement March 2016 Section 3.3 of this Agreement. In case of conflict between the terms of this Agreement and the provisions of the Scope of Work, this Agreement shall govern. 2.2 DEPARTMENT OF INDUSTRIAL RELATIONS COMPLIANCE: This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the California Public Contract Code, or engage in the performance of any contract for public work, as defined by the California Labor Code, unless currently registered and qualified to perform public work pursuant to Section 1725.5 of the California Labor Code. 2.3 PREVAILING WAGES: In accordance with the provisions of the California Labor Code, CONSULTANT shall secure the payment of compensation to employees. To the extent required by the California Labor Code, CONSULTANT shall pay not less than the prevailing rate of per diem wages as determined by the Director, Department of Industrial Relations, and State of California. Copies of such prevailing rate of per diem wages are on file at the DISTRICT’s office, which copies will be made available to any interested party upon request. CONSULTANT shall post a copy of such determination at each job site. If applicable, CONSULTANT shall forfeit to the DISTRICT the amount of the penalty set forth in Labor Code Section 1777.7(b), or any subsequent amendments thereto, for each calendar day, or portion thereof, for each worker paid less than the specified prevailing rates for such work or craft in which such worker is employed, whether paid by CONSULTANT or by any subcontractor. 2.4 HOURS AND WORKING CONDITIONS: The DISTRICT is a public entity in the State of California and is subject to the provisions of the Government Code and the Labor Code of the State. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this Agreement to the same extent as though set forth herein and will be complied with by CONSULTANT. CONSULTANT shall comply with all applicable provisions of the California Labor Code relating to working hours and the employment of apprentices on public works projects. CONSULTANT shall, as a penalty to the DISTRICT, forfeit $25.00 for each worker employed in the execution of this Agreement by CONSULTANT or by any subcontractor, for each calendar day during which such worker is required or permitted to work more than 8 hours in any one 4 EVWD Standard-Professionals Agreement March 2016 calendar day and 40 hours in any one calendar week, unless such worker received compensation for all hours worked in excess of 8 hours at not less than 1½ times the basic rate of pay. ARTICLE III RESPONSIBILITIES OF THE DISTRICT AND OF CONSULTANT 3.1 DUTIES OF THE DISTRICT: The DISTRICT, without cost to CONSULTANT, will provide all pertinent information necessary for CONSULTANT’s performance of its obligations under this Agreement that is reasonably available to the DISTRICT unless otherwise specified in the Scope of Work, in which case the CONSULTANT is to acquire such information. The DISTRICT does not guarantee or ensure the accuracy of any reports, information, and/or data so provided. To the extent that any reports, information, and/or other data so provided was supplied to the DISTRICT by persons who are not employees of the DISTRICT, any liability resulting from inaccuracies and/or omissions contained in said information shall be limited to liability on behalf of the party who prepared the information for the DISTRICT. 3.2 REPRESENTATIVE OF DISTRICT: The DISTRICT will designate Jeff Noelte, as the person to act as the DISTRICT’s representative with respect to the work to be performed under this Agreement. Such person will have complete authority to transmit instructions, receive information, and interpret and define the DISTRICT’s policies and decisions pertinent to the work. In the event the DISTRICT wishes to make a change in the DISTRICT’s representative, the DISTRICT shall notify the CONSULTANT of the change in writing. 3.3 DUTIES OF CONSULTANT: CONSULTANT shall perform the Project work in such a manner as to fully comply with all applicable professional standards of care, including professional quality, technical accuracy, timely completion, and other services furnished and/or work undertaken by CONSULTANT pursuant to this Agreement. The CONSULTANT shall cause all work and deliverables to conform to all applicable federal, state, and local laws and regulations. 3.4 APPROVAL OF WORK: The DISTRICT’s approval of work or materials furnished hereunder shall not in any way relieve CONSULTANT of responsibility for the technical adequacy of its work. Neither the DISTRICT’s review, approval or acceptance of nor payment for any of the services shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. Where approval by the DISTRICT is indicated in this Agreement, it is understood to be conceptual approval only and does not relieve the CONSULTANT of responsibility for complying with all laws, codes, industry 5 EVWD Standard-Professionals Agreement March 2016 standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the CONSULTANT or its subcontractors. CONSULTANT’s obligation to defend, indemnify, and hold harmless the DISTRICT, and its directors, officers, employees and agents as set forth in Section 6.9 of this Agreement also applies to the actions or omissions of the CONSULTANT or its subcontractors as set forth above in this paragraph. ARTICLE IV PAYMENTS TO CONSULTANT 4.1 PAYMENT: The DISTRICT will pay CONSULTANT for work performed under this Agreement, which work can be verified by the DISTRICT, on the basis of the following: CONSULTANT shall exercise its good faith best efforts to facilitate a full and clear definition of the scope of all assigned work so that the amount set forth in Section 4.3 of this Agreement will cover all tasks necessary to complete the work. The amount set forth in Section 4.3 of this Agreement is the maximum compensation to which CONSULTANT may be entitled for the performance of services to complete the work for the Project, unless the Scope of Work or time to complete the work is changed by the DISTRICT in writing in advance of the work to be performed thereunder. Adjustments in the total payment amount shall only be allowed pursuant to Section 6.4 of this Agreement. In no event shall CONSULTANT be entitled to compensation greater than the amount set forth in Section 4.3 of this Agreement where changes in the Scope of Work or the time for performance are necessitated by the negligence of CONSULTANT or any subcontractor performing work on the Project. 4.2 PAYMENT TO CONSULTANT: Payment will be made by the DISTRICT within thirty (30) calendar days after receipt of an invoice from CONSULTANT, provided that all invoices are complete and product and services are determined to be of sufficient quality by the DISTRICT. CONSULTANT shall invoice DISTRICT monthly for services performed under this Agreement. In the event that a payment dispute arises between the parties, CONSULTANT shall provide to the DISTRICT full and complete access to CONSULTANT’s labor cost records and other direct cost data, and copies thereof if requested by the DISTRICT. 4.3 ESTIMATED CHARGES: The total estimated charges for all work under this Agreement are $205,625 (Two Hundred Five Thousand, Six Hundred Twenty-five Dollars) and such amount is the cost ceiling as described herein. The total estimated charges stated herein constitute the total amount agreed to. 6 EVWD Standard-Professionals Agreement March 2016 4.4 COST FOR REWORK: CONSULTANT shall, at no cost to the DISTRICT, prepare any necessary rework occasioned by CONSULTANT’s negligent act or omission or otherwise due substantially to CONSULTANT’s fault. ARTICLE V COMPLETION SCHEDULE 5.1 TASK SCHEDULE: The work is anticipated to be completed in accordance with the schedule contained in the Scope of Work, and shall not go beyond February 28, 2025 without written authorization from the DISTRICT. 5.2 TIME OF ESSENCE: CONSULTANT shall perform all services required by this Agreement in a prompt, timely, and professional manner in accordance with the above schedule. Time is of the essence in this Agreement. ARTICLE VI GENERAL PROVISIONS 6.1 COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS: CONSULTANT shall at all times observe all applicable provisions of Federal, State, and Local laws and regulations including, but not limited to, those related to Equal Opportunity Employment. 6.2 SUBCONTRACTORS AND OUTSIDE CONSULTANTS: No subcontract shall be awarded by CONSULTANT if not identified as a subcontractor in its Proposal unless prior written approval is obtained from the DISTRICT. CONSULTANT shall be responsible for payment to subcontractors used by them to perform the services under this Agreement. If CONSULTANT subcontracts any of the work to be performed, CONSULTANT shall be as fully responsible to the DISTRICT for the performance of the work, including errors and omissions of CONSULTANT’s subcontractors and of the persons employed by the subcontractor, as CONSULTANT is for the acts and omissions of persons directly employed by the CONSULTANT. Nothing contained in this Agreement shall create any contractual relationship between any subcontractor of CONSULTANT and the DISTRICT. CONSULTANT shall bind every subcontractor and every subcontractor of a subcontractor to the terms of this Agreement that are applicable to CONSULTANT’s work unless specifically noted to the contrary in the subcontract in question and approved in writing by the DISTRICT. 7 EVWD Standard-Professionals Agreement March 2016 6.3 INSURANCE: CONSULTANT shall secure and maintain in full force and effect, until the satisfactory completion and acceptance of the Project by DISTRICT, such insurance as will protect it and the DISTRICT in such a manner and in such amounts as set forth below. The premiums for said insurance coverage shall be paid by the CONSULTANT. The failure to comply with these insurance requirements may constitute a material breach of this Agreement, at the sole discretion of the DISTRICT. (a) Certificates of Insurance: Prior to commencing services under this Agreement, and in any event no later than ten (10) calendar days after execution of this Agreement, CONSULTANT shall furnish DISTRICT with Certificates of Insurance and endorsements verifying the insurance coverage required by this Agreement is in full force and effect. The DISTRICT reserves the right to require complete and accurate copies of all insurance policies required under this Agreement. (b) Required Provisions: The insurance policies required by this Agreement shall include the following provisions or have them incorporated by endorsement(s): (1) Primary Coverage: The insurance policies provided by CONSULTANT shall be primary insurance and any self-insured retention and/or insurance carried by or available to the DISTRICT or its employees shall be excess and non-contributory coverage so that any self-insured retention and/or insurance carried by or available to the DISTRICT shall not contribute to any loss or expense under CONSULTANT’s insurance. (2) Additional Insured: The policies of insurance provided by CONSULTANT, except Workers' Compensation and Professional Liability, shall include as additional insureds: the DISTRICT, its directors, officers, employees, and agents when acting in their capacity as such in conjunction with the performance of this Agreement. Such policies shall contain a "severability of interests" provision, also known as "Cross liability" or "separation of insured". (3) Cancellation: Each certificate of insurance and insurance policy shall provide that the policy may not be non-renewed, canceled (for reasons other than non-payment of premium) or materially changed without first giving thirty (30) days advance written notice to the DISTRICT, or ten (10) days advance written notice in the event of cancellation due to non-payment of premium. 8 EVWD Standard-Professionals Agreement March 2016 (4) Waiver of Subrogation: The insurance policies provided by CONSULTANT shall contain a waiver of subrogation against DISTRICT, its directors, officers, employees and agents for any claims arising out of the services performed under this Agreement by CONSULTANT. (5) Claim Reporting: CONSULTANT shall not fail to comply with the claim reporting provisions or cause any breach of a policy condition or warranty of the insurance policies required by this Agreement that would affect the coverage afforded under the policies to the DISTRICT. (6) Deductible/Retention: If the insurance policies provided by CONSULTANT contain deductibles or self-insured retentions, any such deductible or self-insured retention shall not be applicable with respect to the coverage provided to DISTRICT under such policies. CONSULTANT shall be solely responsible for any such deductible or self-insured retention and the DISTRICT, in its sole discretion, may require CONSULTANT to secure the payment of any such deductible or self-insured retention by a surety bond or an irrevocable and unconditional letter of credit. (7) Consultant’s Subcontractors: CONSULTANT shall include all subcontractors as additional insureds under the insurance policies required by this Agreement to the same extent as the DISTRICT or shall furnish separate certificates of insurance and policy endorsements for each subcontractor verifying that the insurance for each subcontractor complies with the same insurance requirements applicable to CONSULTANT under this Agreement. (c) Insurance Company Requirements: CONSULTANT shall provide insurance coverage through insurers that have at least an "A" Financial Strength Rating and a "VII" Financial Size Category in accordance with the current ratings by the A. M. Best Company, Inc. as published in Best’s Key Rating Guide or on said company’s web site. In addition, any and all insurers must be admitted and authorized to conduct business in the State of California and be a participant in the California Insurance Guaranty Association, as evidenced by a listing in the appropriate publication of the California Department of Insurance. (d) Policy Requirements: The insurance required under this Agreement shall meet or exceed the minimum requirements as set forth below: 9 EVWD Standard-Professionals Agreement March 2016 (1) Workers' Compensation: CONSULTANT shall maintain Workers' Compensation insurance as required by law in the State of California to cover CONSULTANT’s obligations as imposed by federal and state law having jurisdiction over CONSULTANT’s employees and Employers' Liability insurance, including disease coverage, of not less than $1,000,000. (2) General Liability: CONSULTANT shall maintain Comprehensive General Liability insurance with a combined single limit of not less than $1,000,000 per occurrence or claim and $1,000,000 aggregate. The policy shall include, but not be limited to, coverage for bodily injury, property damage, personal injury, products, completed operations and blanket contractual to cover, but not be limited to, the liability assumed under the indemnification provisions of this Agreement. In the event the Comprehensive General Liability insurance policy is written on a "claims made" basis, coverage shall extend for two years after the satisfactory completion and acceptance of the Project by DISTRICT. (3) Automobile Liability: CONSULTANT shall maintain Commercial Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence for any owned, hired, or non-owned vehicles. (4) Professional Liability: CONSULTANT shall maintain Professional Liability insurance covering errors and omissions arising out of the services performed by the CONSULTANT or any person employed by him, with a limit of not less than $1,000,000 per occurrence or claim and $1,000,000 aggregate. In the event the insurance policy is written on a "Claims made" basis, coverage shall extend for two years after the satisfactory completion and acceptance of the Project by DISTRICT. (5) Property Coverage – Valuable Papers: Property coverage on an all-risk, replacement cost form with Valuable Papers insurance sufficient to assure the restoration of any documents, memoranda, reports, plans or other similar data, whether in hard copy or electronic form, relating to the services provided by CONSULTANT under this Agreement. 6.4 CHANGES IN SCOPE OR TIME: If the DISTRICT requests a change in the Scope 10 EVWD Standard-Professionals Agreement March 2016 of Work or time of completion by either adding to or deleting from the original scope or time of completion, an equitable adjustment shall be made and this Agreement shall be modified in writing accordingly. CONSULTANT must assert any claim for adjustment under this clause in writing within thirty (30) calendar days from the date of receipt from CONSULTANT of the notification of change unless the DISTRICT grants a further period of time before the date of final payment under this Agreement. 6.5 NOTICES: All notices to either party by the other shall be made in writing and delivered or mailed to such party at their respective addresses as follows, or to other such address as either party may designate, and said notices shall be deemed to have been made when delivered or, if mailed, five (5) days after mailing. To DISTRICT: East Valley Water District 31111 Greenspot Road Highland, CA 92346 Attn: Engineering Manager To CONSULTANT: Rincon Consultants, Inc. 11801 Pierce Street, Suite 200 Riverside, CA 92505 Attn: Rosalyn Prickett 6.6 CONSULTANT’S ASSIGNED PERSONNEL: CONSULTANT designates Rosalyn Prickett to have immediate responsibility for the performance of the work and for all matters relating to performance under this Agreement. Substitution of any assigned personnel shall require the prior written approval of the DISTRICT. If the DISTRICT determines that a proposed substitution is not acceptable, then, at the request of the DISTRICT, CONSULTANT shall substitute with a person acceptable to the DISTRICT. 11 EVWD Standard-Professionals Agreement March 2016 6.7 TERMINATION: (a) If the engagement of CONSULTANT is not extended by the mutual written consent of the DISTRICT and CONSULTANT, then this Agreement shall expire on February 28, 2025. (b) Notwithstanding the above, the DISTRICT may terminate this Agreement or abandon any portion of the Project by giving ten (10) days written notice thereof to CONSULTANT. CONSULTANT may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days written notice only in the event of substantial failure by the DISTRICT to perform in accordance with the terms of this Agreement through no fault of the CONSULTANT. (c) In the event of termination of this Agreement or abandonment of any portion of the Project, the DISTRICT shall be immediately given title to all original drawings and other documents developed for the Project, and the sole right and remedy of CONSULTANT shall be to receive payment for all amounts due and not previously paid to CONSULTANT for services completed or in progress in accordance with the Agreement prior to such date of termination. If termination occurs prior to completion of any task for which payment has not been made, the fee for services performed during such task shall be based on an amount mutually agreed to by the DISTRICT and CONSULTANT. Such payments available to the CONSULTANT under this paragraph shall not include costs related to lost profit associated with the expected completion of the work or other such payments relating to the benefit of this Agreement. 6.8 ATTORNEYS’ FEES: In the event that either the DISTRICT or CONSULTANT brings an action or proceeding for damages for an alleged breach of any provision of this Agreement, to interpret this Agreement or determine the rights of and duties of either party in relation thereto, the prevailing party shall be entitled to recover as part of such action or proceeding all litigation, arbitration, mediation and collection expenses, including witness fees, court costs, and reasonable attorneys' fees. Such fees shall be determined by the Court in such litigation or in a separate action brought for that purpose. Mediation will be attempted if both parties mutually agree before, during, or after any such action or proceeding has begun. 6.9 INDEMNITY: (a) CONSULTANT shall defend, indemnify and hold DISTRICT, including its directors, officers, employees and agents, harmless from and against any and all 12 EVWD Standard-Professionals Agreement March 2016 claims, demands, causes of action, suits, debts, obligations, liabilities, losses, damages, costs, expenses, attorney’s fees, awards, fines, settlements, judgments or losses of whatever nature, character, and description, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT or any of CONSULTANT’s subcontractors, including their respective directors, officers, employees, agents and assigns, excepting only such matters arising from the sole negligence or willful misconduct of the DISTRICT. (b) CONSULTANT shall defend, indemnify and hold DISTRICT, including its directors, officers, employees and agents, harmless from and against any and all claims, demands, causes of action, suits, debts, obligations, liabilities, losses, damages, costs, expenses, attorney’s fees, awards, fines, settlements, judgments or losses of whatever nature, character, and description, with respect to or arising out of any infringement or alleged infringement of any patent, copyright or trademark and arising out of the use of any equipment or materials furnished under this Agreement by the CONSULTANT or CONSULTANT’s subcontractors, including their respective directors, officers, employees, agents and assigns, or out of the processes or actions employed by, or on behalf of, the CONSULTANT or CONSULTANT’s subcontractors, including their respective directors, officers, employees, agents and assigns, in connection with the performance of services under this Agreement. CONSULTANT shall have the right, in order to avoid such claims or actions, to substitute at its expense non-infringing equipment, materials or processes, or to modify at its expense such infringing equipment, materials, and processes so they become non-infringing, provided that such substituted and modified equipment, materials, and processes shall meet all the requirements and be subject to all the provisions of this Agreement. (c) CONSULTANT shall defend, indemnify and hold DISTRICT, including its directors, officers, employees and agents, harmless from and against any and all claims, demands, causes of action, suits, debts, obligations, liabilities, losses, damages, costs, expenses, attorney’s fees, awards, fines, settlements, judgments or losses of whatever nature, character, and description, with respect to or arising out of any breach by CONSULTANT or CONSULTANT’s subcontractors, including their respective directors, officers, employees, agents and assigns, of the aforesaid obligations and covenants, and any other provision or covenant of this Agreement. 13 EVWD Standard-Professionals Agreement March 2016 (d) It is the intent of the parties to this Agreement that the defense, indemnity, and hold harmless obligation of CONSULTANT under this Agreement shall be as broad and inclusive as may be allowed under California Civil Code §§ 2778 through 2784.5, or other similar state or federal law. 6.10 SAFETY: CONSULTANT shall perform the work in full compliance with applicable State and Federal safety requirements including, but not limited to, Occupational Safety and Health Administration requirements. (a) CONSULTANT shall take all precautions necessary for the safety of, and prevention of damage to, property on or adjacent to the Project site, and for the safety of, and prevention of injury to, persons, including DISTRICT’s employees, CONSULTANT’s employees, and third persons. All work shall be performed entirely at CONSULTANT’s risk. CONSULTANT shall comply with the insurance requirements set forth in Section 6.3 of this Agreement. (b) CONSULTANT shall also furnish the DISTRICT with a copy of any injury prevention program established for the CONSULTANT’s employees pursuant to Labor Code Section 6401.7, including any necessary documentation regarding implementation of the program. CONSULTANT hereby certifies that its employees have been trained in the program, and procedures are in place to train employees whenever new substances, processes, procedures, or equipment are introduced. CONSULTANT shall demonstrate compliance with Labor Code Section 6401.7 by maintaining a copy of its Injury and Illness Prevention Plan at the Project site and making it available to the DISTRICT. 6.11 EXAMINATION OF RECORDS: All original drawings, specifications, reports, calculations, and other documents or electronic data developed by CONSULTANT for the Project shall be furnished to and become the property of the DISTRICT. CONSULTANT agrees that the DISTRICT will have access to and the right to examine any directly pertinent books, documents, papers, and records of any and all of the transactions relating to this Agreement. 6.12 OWNERSHIP OF SOFTWARE: (a) Subject to payment of all compensation due under this Agreement and all other terms and conditions herein, CONSULTANT hereby grants DISTRICT a nonexclusive, transferable, royalty-free license to use the Software furnished to DISTRICT by CONSULTANT under this Agreement. The license granted herein shall authorize DISTRICT to: 14 EVWD Standard-Professionals Agreement March 2016 (1) Install the Software on computer systems owned, leased or otherwise controlled by DISTRICT; (2) Utilize the Software for its internal data-processing purposes; and (3) Copy the Software and distribute as desired to exercise the rights granted herein. (b) CONSULTANT retains its entire right, title and interest in the Software developed under this Agreement. DISTRICT acknowledges that CONSULTANT owns or holds a license to use and sublicense various pre-existing development tools, routines, subroutines and other programs, data and materials that CONSULTANT may include in the Software developed under this Agreement. This material shall be referred to hereafter as “Background Technology.” (c) DISTRICT agrees that CONSULTANT shall retain any and all rights CONSULTANT may have in the Background Technology. CONSULTANT grants DISTRICT an unrestricted, nonexclusive, perpetual, fully paid-up worldwide license to use the Background Technology in the Software developed and delivered to DISTRICT under this Agreement, and all updates and revisions thereto. However, DISTRICT shall make no other commercial use of the Background Technology without CONSULTANT’s written consent. 6.13 INTEGRATION AND AMENDMENT: This Agreement contains the entire understanding between the DISTRICT and CONSULTANT as to those matters contained herein. No other representations, covenants, undertakings or other prior or contemporaneous agreements, oral or written, respecting those matters, which are not specifically incorporated herein, may be deemed in any way to exist or to bind any of the parties hereto. Each party acknowledges that it has not executed this Agreement in reliance on any promise, representation or warranty not set forth herein. This Agreement may not be amended except by a writing signed by all parties hereto. 6.14 ASSIGNMENT: Neither party shall assign or transfer its interest in this Agreement without written consent of the other party. All terms, conditions, and provisions of this Agreement shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 6.15 GOVERNING LAW: This Agreement shall be construed as if it was jointly prepared by both parties hereto, and any uncertainty or ambiguity contained herein shall not be interpreted against the party drafting same. This Agreement shall be enforced and governed by the laws of the State of California. If any action is brought to interpret or enforce any term of this 15 EVWD Standard-Professionals Agreement March 2016 Agreement, the action shall be brought in a state court situated in the County of San Bernardino, State of California, or in a federal court with in rem jurisdiction over the Project. 6.16 HEADINGS: Article and Section headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants, and conditions of this Agreement. 6.17 PARTIAL INVALIDITY: If any term, covenant, condition, or provision of this Agreement is found by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated thereby. 6.18 EFFECT OF DISTRICT’S WAIVER: Any failure by the DISTRICT to enforce any provision of this Agreement, or any waiver thereof by the DISTRICT, shall not constitute a waiver of its right to enforce subsequent violations of the same or any other terms or conditions herein. 6.19 AUTHORITY: The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to sign this Agreement on behalf of and to so bind their respective legal entities. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. CONSULTANT DISTRICT By:_ By:_ Rosalyn Prickett, Michael Moore, General Manager Principal East Valley Water District Rincon Consultants, Inc. 16 EVWD Standard-Professionals Agreement March 2016 EXHIBIT A SCOPE OF WORK Rincon Consultants, Inc. 11801 Pierce Street, Suite 200 Riverside, California 92505 951-405-0979 www.rinconcons ultan ts.com Revised April 3, 2024 Rincon Project No. 23-14861 Jeff Noelte, Director of Engineering & Operations East Valley Water District 31111 Greenspot Road Highland, California 92346 Via email: jnoelte@eastvalley.org Subject: Proposal to Support Hydrogeologic Operational Studies at Sterling Natural Resource Center (SNRC), City of Highland, California Dear Mr. Noelte, Rincon Consultants, Inc. (Rincon) is pleased to submit this proposal to assist East Valley Water District (EVWD) with continued hydrogeologic operational study support for the Sterling Natural Resource Center (SNRC). We are enthusiastic about the opportunity to continue supporting this groundwater replenishment reuse project (GRRP) through its first year of operation in 2024. Leading the team will be Rosalyn Prickett, who has spent the last seven years supporting EVWD’s ongoing permitting effort, focused on coordination with and technical submittals to the Santa Ana Regional Water Quality Control Board (RWQCB) and State Water Resources Control Board (SWRCB) Division of Drinking Water (DDW). Rincon’s team will provide hydrogeologic support services to compile sampling data and reporting for EVWD’s Soil Aquifer Treatment (SAT) Study and, in partnership with Todd Groundwater, conduct an added in-situ Tracer Study to calibrate the existing groundwater model. Hydrogeologic Setting A detailed description of the setting, geology, and site engineering plans is contained in the Title 22 Engineering Report (Report) (Woodard & Curran 2023). The SNRC will discharge up to 8 million gallons per day (mgd), with an average of 6 mgd spread between five recharge ponds located at the newly constructed Weaver Basins groundwater replenishment facility. The operation plan is for the SNRC to discharge undiluted tertiary recycled water to ponds at the Weaver Basin facility, where the effluent will infiltrate and recharge the underlying unconfined aquifer. Dilution at points of compliance (i.e., downgradient potable supply wells) will be achieved through mixing with native groundwater. A summary of directly relevant hydrogeologic data contained therein is presented below. Title 22 Engineering Report Hydrogeologic Estimates The Weaver Basins are located within the alluvial plain of the Santa Ana River and are underlain by unconsolidated alluvium consisting of sands, gravels, cobbles and boulders, and, to a lesser extent, finer grained components. Depth to water (dtw) was reportedly approximately 113 feet below ground surface (bgs) in October 2020. Percolation testing in October 2020 yielded an observed percolation rate of 38 feet per day, from which an estimated infiltration rate of 7.6 feet per day was derived. Calculated from the 113-feet bgs dtw and 7.6 feet per day infiltration rate, the Report estimates a 15- day vadose zone transit time for infiltrating water. The site groundwater model prepared by Geoscience Support Services Inc. (GSSI) estimates that the depth to groundwater naturally ranges from 75 to 300 feet bgs under the Weaver Basins. When East Valley Water District Proposal for Hydrogeologic Operational Studies at SNRC 2 artificial recharge is incorporated into the model, approximately 50 feet of mounding is estimated to occur directly under the ponds, resulting in a range of approximately 25 to 250 feet bgs during uninterrupted long-term operations. Present Conditions Following the wet 2022-2023 water year and during the present average to slightly above average 2022-2023 water year, Rincon understands that groundwater is currently found at a shallower depth than in October 2020. For example, the dtw at monitoring well MW-A (600 feet southwest of Weaver Basin) was reportedly approximately 200 feet bgs during well completion in May 2022 and GSSI measured a 120-feet dtw in August 2023. On January 2, 2024, Blaine Technical Services on behalf Rincon measured a depth to water of 109.40 feet bgs in MW-A. On March 5, 2024, EVWD measured a static depth to water of 78 feet bgs in the Plant 120 Well upgradient of the Weaver Basin. Rincon expects there to have been a similar water table response in the Weaver Basin area. As of March 2024, Rincon expects that the vadose zone thickness and transit time could be less, respectively, than the 113 feet and 15 days estimated in the Report. Scope of Work The SAT Study and Tracer Study are required to be conducted within 90 days of commencement of full-scale operations at the newly constructed SNRC, as discussed with DDW on April 2, 2024. A regulatory Well Control Zone has been established based on modeled groundwater travel times from the recharge ponds to downgradient wells. The Tracer Study will serve to validate this model and confirm the retention time estimated in the Report. The SAT Study will demonstrate that adequate TOC reduction is achieved as the recycled water transits the unsaturated soil material (vadose zone) between the bottom of the Weaver Basin facility and the underlying water table. Task 1 Tracer Study Work Plan DDW provided comments on the Tracer Study Work Plan on March 26, 2024, prompting revisions to the Tracer Study Work Plan prior to the implementation of the scope of work described therein. The following tasks have been developed based on DDW’s comments. Task 1.1 Fluorescence Background Sampling Background sampling has been requested by DDW in their comments on the Tracer Study Work Plan prior to introduction of the tracer as described in Task 1. Rincon will prepare a simple, brief memorandum describing background sampling activities. Rincon will conduct one round of background fluorescence sampling at three sampling points – MW- A shallow (downstream), Plant 120 (upstream), and REC-001 (effluent) – to document background conditions prior to addition of the tracer. Rincon will sample during the Quarter 1 operational monitoring in April 2024, including collection of groundwater levels. The samples will be sent to Ozark Underground Laboratories for analyses. If fluorescence is detected in any samples, Rincon and EVWD will discuss the implications for the planned tracer test and make adjustments as necessary to the tracer type, concentration, and addition plan, which may require additional background sampling. If the tracer addition does not occur before the Quarter 2 sampling event, a second round of background sampling would occur concurrent with Quarter 2 sampling in June 2024. At least three effluent samples should also be obtained during the 6-week planned tracer study duration due to potential variations in effluent water quality. Rincon will coordinate shipment of require sampling containers to EVWD, compile the laboratory results, and budget for analysis and discussion of results. East Valley Water District Proposal for Hydrogeologic Operational Studies at SNRC 3 Deliverables:  Background Sampling Work Plan Memorandum  Field forms, chain-of-custody forms, and analytical reports Task 1.2 Transducer Installation Several of DDW’s comments are related to water levels, tracking existing and future conditions, and comparing them to past conditions to determine changes that may be realized due to GRRP operations. Continuous monitoring of water levels via autonomous transducers is a cost-effective method to obtain high-resolution time series data (i.e., hourly data) demonstrating seasonal trends and recording any changes that are potentially induced by pumping and GRRP operations. Rincon recommends installing transducers in the seven (7) wells already part of the operational monitoring program: the three casings each at MW-A and MW-B, and at the Plant 120 well. Rincon also recommends installing one barometric pressure transducer at MW-A to compensate for changes in atmospheric pressure. Data from these seven transducers will document the regional seasonal trends (Plant 120), demonstrate achievement dynamic equilibrium conditions as pumping regimes change, monitor for significant changes in the shallow zone due to GRRP operations, and support the hypotheses concerning interactions between the various zones. These passively collected data can provide a basis for scientifically sound responses to future DDW requests. Deliverables:  Installation of seven (7) transducers in each of the SNRC monitoring program wells Task 1.3 Response to DDW Comments on Tracer Study Work Plan Rincon will respond to DDW’s comments on the Tracer Study Work Plan, including the following:  Summarize and evaluate infiltration rates, hydraulic conductivity, soil loading capacity, depth to the water table, and how these conditions may or may not affect the tracer study (Comment 2b) – Rincon will summarize the prior infiltration testing completed by GSSI, along with hydrogeological model assumptions and information.  Evaluate whether HOA pumping will impact tracer flow (Comment 2c) – Rincon will review HOA well pumping volumes against modeled operational assumptions.  Hydrogeological analysis to demonstrate when “steady state” will occur (Comment 2d) – Rincon will describe pumping regime at converted EVWD wells and compile groundwater level data to document recent changes and steady state conditions in groundwater levels  Groundwater level contour maps (Comment 2e) – Rincon will compile available contour maps from existing documents and resources  Schematic of charcoal packet configuration (Comment 10i) – Rincon will develop a schematic of the charcoal packet configuration during sampling.  Incorporate all other work plan revisions per DDW comments Following completion of the Tracer Study Work Plan revisions, Rincon will submit a draft document to EVWD for review and comment. Following incorporation of EVWD comments, Rincon will finalize the revised document and submit it to DDW. This task includes two (2) meetings with DDW and GAMA staff to discuss their comments on the work plan, after both the first and second East Valley Water District Proposal for Hydrogeologic Operational Studies at SNRC 4 Deliverables:  Draft and final Revised Tracer Study Work Plan  DDW conference call coordination and notes (x2) Task 2 Hydrogeologic Operational Studies Subtask 2.1 Tracer Study Initiation and Sampling The SAT and added Tracer Study conclusions will be most defensible if samples are obtained under conditions similar to planned long-term operation conditions. Under these conditions, groundwater mounding will reduce the vadose zone thickness and porewater conditions in the vadose zone should be relatively stable. After the SNRC is discharging approximately 6 mgd (or full sewer flows at the time of operation) and pseudo-steady state conditions have been established, Rincon will work with EVWD to add a fluorescent tracer to Basin 2 (or alternative, as approved by DDW) during one full day of effluent discharge at that location. Rincon assumes that the steady state phase will span approximately 8 weeks. Rincon will conduct groundwater sampling for fluorescent dye in MW-A in accordance with Table 1 below. EVWD will collect porewater samples from the lysimeter for the first six days following tracer addition. Rincon has budgeted for coordination with EVWD throughout sampling associated with the SAT Study. For budgeting purposes, we anticipate up to 4 hours per week will be required to complete this task throughout the duration of the steady state sampling phase. In addition, Rincon may conduct high-flow purging prior to sampling activities to evaluate whether a high pumping rate can facilitate drawdown of the static water level to the screen level of the existing MW-A shallow well. Deliverables:  Tracer addition and coordination among EVWD and field teams  Field forms and chain-of-custody forms Subtask 2.2 Analytical Program Porewater and effluent samples will be submitted to an accredited laboratory for TOC and general mineral chemistry analyses. Following tracer addition, the samples will be collected and analyzed for fluorescence. Based on the observed initial vadose zone transit time and the water level in the newly installed piezometer, Todd Groundwater and Rincon will determine an appropriate early-time sampling program to resolve tracer progression through the vadose zone and into the groundwater immediately underlying the pond. Rincon staff will conduct sampling at MW-A-Shallow to resolve the tracer peak utilizing carbon adsorption samplers and low-flow purge water samples. The carbon adsorption samplers are analyzed first to indicate the presence or absence of a tracer; if the tracer is present, the corresponding water sample is analyzed to determine the tracer concentration. Based on the existing groundwater model, Rincon assumes this will entail 4 weeks of biweekly sampling following the tracer addition, extendable at additional cost up to 7.5 months if necessary to resolve a later than expected tracer breakthrough. The proposed sampling plans are presented in Table 1. East Valley Water District Proposal for Hydrogeologic Operational Studies at SNRC 5 Table 1 Preliminary Fluorescent Tracer Sampling Program Sampling Phase Source Discrete Samples Description Steady State Porewater 6 High frequency samples from the lysimeter to determine vadose zone transit time (REC-002). EVWD to collect samples. QA/QC Samples Porewater 6 One field blank and one field duplicate sample will be collected from the lysimeter during each sampling event Steady State Groundwater 12 Long term twice-weekly monitoring in MW-A to resolve tracer peak arrival (REC-001). Rincon to collect samples. QA/QC Samples Groundwater 6 One field duplicate and one field blank sample will be collected from either MW-A or REC-001 curing each sampling event Total Samples 30 Costs associated with this task reflect only costs related to analysis of fluorescence. Deliverables:  Laboratory analytical reports Subtask 2.3 Tracer Study Reporting Following receipt of laboratory reports, Rincon will deliver a Tracer Study technical letter report of operations and findings detailing the following:  Overview of project, hydrogeologic setting, and planning assumptions;  Observed travel time to MW-A;  Analysis of empirical results agreement with existing model and recommendations for any necessary modifications to the Zone of Control and associated sections of the Title 22 Engineering Report;  Wetted front advance rate;  Steady state infiltration rate; and  Recommendations for long term sampling protocols aligning with regulatory requirements. Rincon will deliver a draft letter report for EVWD comment six weeks after receipt of final laboratory analytical reports. After receipt of comments and discussion with EVWD, Rincon will deliver the final compiled letter report. Deliverables:  Draft & final Tracer Study letter report Task 3 SAT Study Reporting Following receipt of laboratory data from EVWD, Rincon will deliver a SAT Study technical letter report of operations and findings detailing the following:  EVWD is responsible for collecting the TOC data and providing Rincon the analytical laboratory reports;  Overview of project, hydrogeologic setting, and planning assumptions;  Summary of TOC analytical results; East Valley Water District Proposal for Hydrogeologic Operational Studies at SNRC 6  Analysis of SAT effectiveness describing the percent TOC reduction and estimated TOC loading directly at water table;  A brief summary of peer-reviewed research supporting the SAT concept; and  Recommendations for long term sampling protocols aligning with regulatory requirements. Rincon will deliver a draft letter report for EVWD comment six weeks after receipt of final laboratory analytical reports. After receipt of comments and discussion with EVWD, Rincon will deliver the final compiled letter report. Deliverables:  Draft & final SAT Study letter report Task 4 Project Management and Regulatory Coordination Subtask 4.1 Project Management and Regulatory Coordination This task includes general project management activities including coordination with the client, budget tracking and monthly invoicing, coordination with EVWD’s consultants and laboratory partners, and technical team attendance at up to three (3) additional meetings with DDW and Santa Ana RWQCB staff. This may include meetings to discuss the Tracer Study progress and low-threat waiver issues, a meeting to present Tracer Study results, and one or more meetings to discuss related aspects of the Engineering Report (Zones of Control, recycled water content, response retention time, etc.). Deliverables:  Monthly invoices and progress reports  RWQCB / DDW conference call coordination and notes (x3) Subtask 4.2 Modeling Coordination Rincon will coordinate with Geoscience Support Services Inc (GSSI) on data needs, format, and results from the Tracer Study, for use in updating the SNRC hydrogeological modeling to revise underground retention time and associated well control zone (Comments 3a/11c). Rincon will participate in up to three (3) conference calls and email communications with GSSI to discuss the Tracer Study work plan and how data will be conveyed for use in the model updates. Deliverables:  GSSI conference call coordination, notes, and data transfer (x3) Task 5 As Needed Per DDW Request A contingency budget is established for additional hydrogeological analysis and/or field sampling, as required by DDW during Tracer Study implementation. Rincon will only utilize Task 5 funds for specific tasks with written approval from EVWD. Schedule Rincon is prepared to immediately start work upon signed contract on revisions to the Tracer Study Work Plan. Rincon understands that the DDW requires the Tracer Study to begin within 90 days of full- scale operation of the Weaver Basins. Therefore, it is assumed that implementation of the Tracer Study East Valley Water District Proposal for Hydrogeologic Operational Studies at SNRC 7 and SAT Study will be initiated in June 2024, subject to approval by DDW prior to study initiation. Rincon will continue supporting EVWD with regulatory compliance tracking and hydrogeological studies for the SNRC through December 2024. Assumptions This proposal is based on documentation of available information concerning work performed prior to Rincon’s involvement in the hydrogeological scope of the SNRC. The schedule, costs, and scope presented above are reliant on the following assumptions:  The present depth to water under the Weaver Basin facility is less than 140 feet bgs  The 7.6 feet per day modeled infiltration rate presented in the Title 22 Engineering Report is approximately accurate  The mounding predicted by the current model is approximately accurate and a vadose zone of at least 25 feet thickness will exist during startup and steady state testing operations and under proposed future SNRC operating conditions  Rincon will sample from MW-A-Shallow and bill a maximum of 6 hours per sampling event, utilizing up to 3 rolls of sampling tubing.  EVWD will sample from the lysimeter during the first six days following tracer addition. Rincon will provide oversight on the first two days of sampling.  The added tracer is detected at MW-A-Shallow within the 2-to-4 week estimate provided by the existing groundwater model, and the tracer peak will be resolved within 6 weeks. Groundwater sampling conducted beyond 6 weeks after the tracer was injected will be at an additional cost.  A total of 30 samples will be collected by Rincon and submitted for fluorescence analysis by an accredited laboratory. Rincon will provide as-needed oversight of sample collection and chain of custody procedures. Rincon has budgeted up to 2 hours for sample collection oversight for each sampling event, as well as 2 hours of coordination with the analytical laboratory and review of analytical data.  Transducers programmed to record hourly can function for several years, though Rincon recommends site visits to download data and manually measure water levels at least twice per year. Rincon recommends that transducer data be downloaded each quarter as the quarterly groundwater sampling occurs; Rincon will do so for any monitoring events we support.  Background sampling will occur prior to DDW approval of the Tracer Study Background Sampling Work Plan memorandum.  Rincon will simulate drawdown of the static water level to the screen depth assuming the largest pump reasonably available produces a rate that can be disposed of onsite induces sufficient draw down.  Todd Groundwater will assist in the revisions to the Tracer Study Work Plan as scoped.  Costs included in this proposal have been developed under the assumption that DDW will provide no further comments on the Tracer Study Work Plan following revisions as discussed with EVWD on March 28, 2024.  The steady state phase will span approximately 8 weeks. East Valley Water District Proposal for Hydrogeologic Operational Studies at SNRC 8 Cost Rincon estimates that the scope of work described herein can be completed for a sum total of approximately $205,652, as shown in Table 4 below. Actual costs will be billed monthly on a time and materials basis. Table 2 Cost Summary Task Estimated Cost Task 1 Tracer Study Work Plan $32,238 Task 1.1 Fluorescence Background Sampling $5,084 Task 1.2 Transducer Installation $7,027 Task 1.3 Response to DDW Comments on Tracer Study Work Plan $20,128 Task 2 Hydrogeologic Operational Studies $107,356 Task 2.1 Tracer Study Initiation and Sampling $71,355 Task 2.2 Analytical Program $6,996 Task 2.3 Tracer Study Reporting $29,005 Task 3 SAT Study Reporting $10,101 Task 4 Project Management and Regulatory Coordination $40,957 Task 4.1 Project Management and Regulatory Coordination $32,417 Task 4.2 Modeling Coordination $8,540 Task 5 As Needed Per DDW Request $15,000 Total $205,625 1 Due to the unpredictable nature of conducting field studies in heterogenous aquifer systems with limited observational data available for planning, Rincon recommends a contingency budget be established. Rincon will only utilize contingency funds for specific tasks with written approval from EVWD. Thank you for your consideration and for this opportunity to support your project. If you have any questions regarding this proposal, please contact Rosalyn Prickett at 760-930-7671 or rprickett@rinconconsultants.com. Sincerely, Rincon Consultants, Inc. Rosalyn Prickett Principal Torin Snyder, PG, CHG Principal Water Supply Update Northern California 8 Station 43.4 inches Updated 4/9/2024 Big Bear 20.7 inches Updated 4/9/24 Annual Average: 16.8'' WATER YEAR Highland October 1- September 30 12.1 inches Updated 4/9/24 ACRONYMS CFS = cubic feet per second mAF = million Acre-Feet 30% Annual Average: 11.9'' 38% of Capacity STATE WATER PROJECT ALLOCATION WATER SHORTAGE STAGE STATE WATER PROJECT Lake Mead & Powell Updated 2/29/24 DISTRICT WATER SUPPLIES Annual Average: 53.2'' GROUNDWATER SURFACE COLORADO RIVER STORAGE OTHER INDICATORS RAINFALL Current Available CapacityAvailable Capacity Current 4.88 mAF 82% of Capacity Bunker Hill Basin 3.15 mAF 89% of Capacity Lake Oroville Updated 4/9/24 50.3 142.7 120.1 Santa Ana River (CFS) Total SAR Inflow Updated 4/9/24 Last YearLast Year 19.9 mAF Historic Avg 2010-2023 Monthly Average 2024-Monthly