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Home My WebLink AboutAgenda Packet - EVWD Board of Directors - 03/12/2025BOARD OF DIRECTORS MARCH 12, 2025 East Valley Water District was formed in 1954 and provides water and wastewater services to 108,000 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 Manuel Moreno Water Reclamation Manager William Ringland Public Affairs/Conservation Manager Justine Hendricksen District Clerk Board of Directors Regular Meeting March 12, 2025 5:00 PM 31111 Greenspot Road, Highland, CA 92346 www.eastvalleywater.gov 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 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 February 2025 3.INFORMATIONAL ITEMS a.Development Update for 2025 – Presentation only, no staff report b.Water and Wastewater Per and Polyfluoroalkyl Substances (PFAS) Update 4.DISCUSSION AND POSSIBLE ACTION ITEMS a.Consider Approval of Amendment No. 1 to the Regulatory Laboratory Support Agreement with Eurofins Eaton Analytical, LLC for the Sterling Natural Resource Center (SNRC) b.Consider Adoption of Proclamation Recognizing Cucamonga Valley Water District‘s 70th Anniversary c.Consider Approval of Contract with Larry Walker Associates for a Local Limits Study to Support the Pretreatment Program for the Sterling Natural Resource Center (SNRC) 5.REPORTS a.Board of Directors’ Reports b.General Manager/CEO Report c.Legal Counsel Report d.Board of Directors’ Comments ADJOURN Ryan Ritualo Information Technology Manager BOARD OF DIRECTORSMARCH 12, 2025East Valley Water District was formed in 1954 and provides water and wastewater services to108,000 residents within the cities of San Bernardino and Highland, and portions ofunincorporated San Bernardino County. EVWD operates under the direction of a 5memberelected 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 MilroyOperations ManagerManuel MorenoWater Reclamation ManagerWilliam RinglandPublic Affairs/Conservation ManagerRyan Ritualo Information Technology Manager Justine Hendricksen District Clerk Board of Directors Regular Meeting March 12, 2025 5:00 PM 31111 Greenspot Road, Highland, CA 92346 www.eastvalleywater.gov 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 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 February 2025 3.INFORMATIONAL ITEMS a.2025 Development Update b.Water and Wastewater Per and Polyfluoroalkyl Substances (PFAS) Update 4.DISCUSSION AND POSSIBLE ACTION ITEMS a.Consider Approval of Amendment No. 1 to the Regulatory Laboratory Support Agreement with Eurofins Eaton Analytical, LLC for the Sterling Natural Resource Center (SNRC) b.Consider Adoption of Proclamation Recognizing Cucamonga Valley Water District‘s 70th Anniversary c.Consider Approval of Contract with Larry Walker Associates for a Local Limits Study to Support the Pretreatment Program for the Sterling Natural Resource Center (SNRC) 5.REPORTS a.Board of Directors’ Reports b.General Manager/CEO Report c.Legal Counsel Report d.Board of Directors’ Comments ADJOURN BOARD OF DIRECTORSMARCH 12, 2025East Valley Water District was formed in 1954 and provides water and wastewater services to108,000 residents within the cities of San Bernardino and Highland, and portions ofunincorporated San Bernardino County. EVWD operates under the direction of a 5memberelected 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 MilroyOperations ManagerManuel MorenoWater Reclamation ManagerWilliam RinglandPublic Affairs/Conservation ManagerRyan RitualoInformation Technology ManagerJustine HendricksenDistrict ClerkBoard of Directors Regular MeetingMarch 12, 2025 5:00 PM31111 Greenspot Road, Highland, CA 92346www.eastvalleywater.govPLEASE 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 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 February 2025 3.INFORMATIONAL ITEMS a.2025 Development Update b.Water and Wastewater Per and Polyfluoroalkyl Substances (PFAS) Update 4.DISCUSSION AND POSSIBLE ACTION ITEMS a.Consider Approval of Amendment No. 1 to the Regulatory Laboratory Support Agreement with Eurofins Eaton Analytical, LLC for the Sterling Natural Resource Center (SNRC) b.Consider Adoption of Proclamation Recognizing Cucamonga Valley Water District‘s 70th Anniversary c.Consider Approval of Contract with Larry Walker Associates for a Local Limits Study to Support the Pretreatment Program for the Sterling Natural Resource Center (SNRC) 5.REPORTS a.Board of Directors’ Reports b.General Manager/CEO Report c.Legal Counsel Report d.Board of Directors’ Comments ADJOURN BOARD OF DIRECTORSMARCH 12, 2025East Valley Water District was formed in 1954 and provides water and wastewater services to108,000 residents within the cities of San Bernardino and Highland, and portions ofunincorporated San Bernardino County. EVWD operates under the direction of a 5memberelected 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 MilroyOperations ManagerManuel MorenoWater Reclamation ManagerWilliam RinglandPublic Affairs/Conservation ManagerRyan RitualoInformation Technology ManagerJustine HendricksenDistrict ClerkBoard of Directors Regular MeetingMarch 12, 2025 5:00 PM31111 Greenspot Road, Highland, CA 92346www.eastvalleywater.govPLEASE 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 ALLEGIANCEROLL 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 February 20253.INFORMATIONAL ITEMSa.2025 Development Updateb.Water and Wastewater Per and Polyfluoroalkyl Substances (PFAS) Update 4.DISCUSSION AND POSSIBLE ACTION ITEMS a.Consider Approval of Amendment No. 1 to the Regulatory Laboratory Support Agreement with Eurofins Eaton Analytical, LLC for the Sterling Natural Resource Center (SNRC) b.Consider Adoption of Proclamation Recognizing Cucamonga Valley Water District‘s 70th Anniversary c.Consider Approval of Contract with Larry Walker Associates for a Local Limits Study to Support the Pretreatment Program for the Sterling Natural Resource Center (SNRC) 5.REPORTS a.Board of Directors’ Reports b.General Manager/CEO Report c.Legal Counsel Report d.Board of Directors’ Comments ADJOURN Agenda Item #2a March 12, 20251 Meeting Date: March 12, 2025 Agenda Item #2a Consent Item Regular Board Meeting TO: Governing Board Members FROM: General Manager/CEO SUBJECT: Approve Directors' Fees and Expenses for February 2025 RECOMMENDATION That the Board of Directors approve the Directors' Fees and Expenses for February 2025 as submitted. DISTRICT PILLARS AND STRATEGIES II - Sustainability, Transparency, and Accountability a. Uphold Transparent and Accountable Fiscal and Resource Management REVIEW BY OTHERS This agenda item has been reviewed by Administration. FISCAL IMPACT The fiscal impact associated with this agenda item is $11,989.68 which is included in the current fiscal year budget. Recommended by: ________________ Michael Moore General Manager/CEO Respectfully submitted: ________________ Justine Hendricksen District Clerk ATTACHMENTS February 2025 Director Expense Reports Name: Month / Year:2025 Meeting No.Stipend Written Oral 1 2 /05 248.06 2 2 /10 248.06 3 2 /11 248.06 4 2 /12 248.06 5 2 /18 248.06 6 2 /21 248.06 7 2 /24 248.06 8 2 /26 248.06 9 2 /27 248.06 10 11 12 13 14 15 16 17 18 19 20 Meetings 0.7/mi No. 1 2 3 4 5 6 7 8 9 10 Subtotal TOTAL PAYMENT Date of Approval Chris Carrillo February / 0.00 X 9 Report Provided Subtotal Meetings' Stipend Mileage Chamber of Commerce Event 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 Inland Action $2,232.54 $2,232.54 $0.00 Reimbursement Mileage Miscellaneous Reimbursement Description Regular Board Meeting Meeting with General Manager/CEO or Designee City of San Bernardino Council Meeting Meeting with General Manager/CEO or Designee Regular Board Meeting Expense Type $0.00 DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET 1 Name: Month / Year:2025 1 2 3 4 5 Event Description:Meeting with General Manager/CEO or Designee Brief Description of Meeting/Event Value to EVWD Discussed district business at monthly meeting with CEO Moore. Brief Description of Meeting/Event Value to EVWD Attended via Zoom Inland Action meeting. Meeting Date:2 / 12 / 2025 Event Description:Regular Board Meeting Brief Description of Meeting/Event Value to EVWD Attended regular board meeting. Meeting Date:2 / 18 / 2025 Meeting Date:2 / 10 / 2025 Event Description:Meeting with General Manager/CEO or Designee Brief Description of Meeting/Event Value to EVWD Meeting Date:2 / 11 / 2025 Event Description:Inland Action Discussed agenda review for regular board meeting with CEO Moore. Chris Carrillo February / 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. 2 / 5 / 2025 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:2025 6 7 8 9 10 Chris Carrillo February / 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 Annual Highland Chamber of Commerce installation event. Meeting Date: Event Description: Brief Description of Meeting/Event Value to EVWD Event Description:Regular Board Meeting Brief Description of Meeting/Event Value to EVWD Attended regular board meeting. Meeting Date:2 / 27 / 2025 Event Description:Chamber of Commerce Event Brief Description of Meeting/Event Value to EVWD Attended via Zoom San Bernardino City Council meeting. Meeting Date:2 / 24 / 2025 Event Description:Meeting with General Manager/CEO or Designee Brief Description of Meeting/Event Value to EVWD Agenda review with CEO Moore. Meeting Date:2 / 26 / 2025 Meeting Date:2 / 21 / 2025 Event Description:City of San Bernardino Council Meeting Brief Description of Meeting/Event Value to EVWD DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET AB 1234 SUPPLEMENTAL REPORT FORM 3 Name: Month / Year:2025 Meeting No.Stipend Written Oral 1 2 /03 0.00 2 2 /04 248.06 3 2 /06 0.00 4 2 /06 248.06 5 2 /07 248.06 6 2 /11 248.06 7 2 /12 248.06 8 2 /13 248.06 9 2 /17 0.00 10 2 /19 248.06 11 2 /20 0.00 12 2 /20 248.06 13 2 /20 0.00 14 2 /24 248.06 15 2 /25 0.00 16 2 /26 248.06 17 18 19 20 Meetings 0.7/mi No. 1 2 /04 2 2 /06 3 2 /07 4 2 /07 5 2 /07 6 7 8 9 10 Subtotal TOTAL PAYMENT Date of Approval Ronald L. Coats February / 108.00 X 10 Report Provided Subtotal Meetings' Stipend Mileage ASBCSD Monthly Meeting ASBCSD Board 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 Highland Chamber of Commerce Regular Board Meeting Date Legislative Trip Prep Legislative Affairs trip to Sacramento Agenda Review $3,200.08 545.22 18.00 $2,480.60 $75.60 Reimbursement 18.00 Misc. - Other Meals 28.75 33.91 Lodging Parking Parking Mileage 54.00 27.00 27.00 Miscellaneous Reimbursement Description Meeting with General Manager/CEO or Designee Enhance Recharge Project Dedication Agenda Review Yucaipa Valley Water District Travel to Sacramento CSDA Committee Meetings Finance & Human Resources Committee Meeting Regular Board Meeting Legislative & Public Affairs Committee Meeting Expense Type $643.88 ONT Lyft to hotel Breakfast Hotel ONT DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET 1 Name: Month / Year:2025 1 2 3 4 5 Event Description:CSDA Committee Meetings Brief Description of Meeting/Event Value to EVWD Traveled to Sacramento for Professional Development and Member Services committee meetings with CSDA staff and other committee members to review outcomes from 2024 and new activities for 2025 Brief Description of Meeting/Event Value to EVWD Met with Chairman Morales and CEO Moore to review the agenda for tonight's meeting and discuss other business Meeting Date:2 / 6 / 2025 Event Description:Travel to Sacramento Brief Description of Meeting/Event Value to EVWD Traveled to Sacramento for Professional Development and Member Services committee meetings with CSDA staff and other committee members to review outcomes from 2024 and new activities for 2025 Meeting Date:2 / 7 / 2025 Meeting Date:2 / 4 / 2025 Event Description:Legislative Affairs trip to Sacramento Brief Description of Meeting/Event Value to EVWD Meeting Date:2 / 6 / 2025 Event Description:Agenda Review Met with local legislators Tom Lackey, Greg Willis, Ochoa Bogh, James Ramos, Eloise Reyes, (or their staff from their offices) and the Speaker's Office, along with our lobbyists Ronald L. Coats February / 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: Meeting with Chairman Morales, CEO Moore and Public Relations Manager William Ringland to prepare for our trip to Sacramento to meet with local legislators about issues concerning EVWD and other water issues. 2 / 3 / 2025 Legislative Trip Prep Brief Description of Meeting/Event Value to EVWD DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET AB 1234 SUPPLEMENTAL REPORT FORM 2 Name: Month / Year:2025 6 7 8 9 10 Ronald L. Coats February / 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 board meeting to discuss our upcoming general meeting and other association business Meeting Date:2 / 19 / 2025 Event Description:Meeting with General Manager/CEO or Designee Brief Description of Meeting/Event Value to EVWD Met with Michael Moore to discuss district business and activities Event Description:Legislative & Public Affairs Committee Meeting Brief Description of Meeting/Event Value to EVWD We received updates on Community Outreach and Conservation Efforts as well as Public Affairs and Conservation Activities. Meeting Date:2 / 17 / 2025 Event Description:ASBCSD Board Meeting Brief Description of Meeting/Event Value to EVWD Received updates on new 2025 Employment Laws; we reviewed the Unfunded Accrued Liability Pension Management Policy; Discussed Fiscal Year 2024-25 Mid-Year Revenue Revisions; and other Finance and Human resources activities. Meeting Date:2 / 12 / 2025 Event Description:Regular Board Meeting Brief Description of Meeting/Event Value to EVWD See official board meeting minutes Meeting Date:2 / 13 / 2025 Meeting Date:2 / 11 / 2025 Event Description:Finance & Human Resources Committee Meeting Brief Description of Meeting/Event Value to EVWD DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET AB 1234 SUPPLEMENTAL REPORT FORM 3 Name: Month / Year:2025 11 12 13 14 15 Ronald L. Coats February / 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. Guest Speaker was Penny Lilburn, director of the Highland Senior Center, who spoke about all of the many services that are offered by the Senior Center Event Description:ASBCSD Monthly Meeting Brief Description of Meeting/Event Value to EVWD Attended our monthly meeting. Our guest speaker Arin Boughan, Program Manager for Inland Empire Regional Composting Authority and their activities Meeting Date:2 / 25 / 2025 Event Description:Highland Chamber of Commerce Brief Description of Meeting/Event Value to EVWD Met with Chairman Morales and CEO Moore to review tonight's agenda and discuss other district business Meeting Date:2 / 20 / 2025 Event Description:Yucaipa Valley Water District Brief Description of Meeting/Event Value to EVWD The board approved a series of service and construction contracts Meeting Date:2 / 24 / 2025 Event Description:Enhance Recharge Project Dedication Brief Description of Meeting/Event Value to EVWD Attended the ribbon cutting and dedication ceremony for the Enhanced Recharge Project 1-B Meeting Date:2 / 20 / 2025 Event Description:Agenda Review Brief Description of Meeting/Event Value to EVWD Meeting Date:2 / 20 / 2025 DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET AB 1234 SUPPLEMENTAL REPORT FORM 4 Name: Month / Year:2025 16 17 18 19 20 Event Description: Brief Description of Meeting/Event Value to EVWD Ronald L. Coats February / 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 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:2 / 26 / 2025 Event Description:Regular Board Meeting Brief Description of Meeting/Event Value to EVWD See official board meeting minutes Meeting Date: DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET AB 1234 SUPPLEMENTAL REPORT FORM 5 Name: Month / Year:2025 Meeting No.Stipend Written Oral 1 2 /04 248.06 2 2 /11 248.06 3 2 /12 248.06 4 2 /18 248.06 5 2 /18 0.00 6 2 /20 248.06 7 2 /24 248.06 8 2 /25 248.06 9 2 /26 248.06 10 2 /27 248.06 11 12 13 14 15 16 17 18 19 20 Meetings 0.7/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 Meeting with General Manager/CEO or Designee City of Highland Council Meeting Valley District Enhanced Rechg Event ASBCSD Chamber of Commerce Event Expense Type $2,232.54 $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 Yucaipa Valley Water District Board Meeting City of Highland Council Meeting Regular Board Meeting $2,232.54 Phillip R. Goodrich February / 0.00 X 9 Report Provided Subtotal Meetings' Stipend Mileage Regular Board Meeting DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET 1 Name: Month / Year:2025 1 2 3 4 5 Phillip R. Goodrich February / 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: Attend Yucaipa Valley's regular Board meeting as 2nd Board rep. 2 / 4 / 2025 Yucaipa Valley Water District Board Meeting Brief Description of Meeting/Event Value to EVWD Meeting Date:2 / 11 / 2025 Event Description:City of Highland Council Meeting Brief Description of Meeting/Event Value to EVWD Meeting Date:2 / 12 / 2025 Event Description:Regular Board Meeting Attend Council meeting as primary board rep. plans made for special meeting and new council member appointment or election Brief Description of Meeting/Event Value to EVWD Attend regular board meeting see mins. This date Meeting Date:2 / 18 / 2025 Event Description:Meeting with General Manager/CEO or Designee Brief Description of Meeting/Event Value to EVWD Monthly meeting with CEO Moore receive updates on district business and agenda review Meeting Date:2 / 18 / 2025 Event Description:City of Highland Council Meeting Brief Description of Meeting/Event Value to EVWD Attend Council meeting ..new council member was appointed DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET AB 1234 SUPPLEMENTAL REPORT FORM 2 Name: Month / Year:2025 6 7 8 9 10 Meeting Date:2 / 20 / 2025 Event Description:Valley District Enhanced Rechg Event Brief Description of Meeting/Event Value to EVWD Represent District at Valley Districts Ribbon cutting of the Enhanced recharge basin project Meeting Date:2 / 24 / 2025 Event Description:ASBCSD Brief Description of Meeting/Event Value to EVWD Attend Monthly Spl. Districts business meeting IEUA presented composting efforts after treatment solids Meeting Date:2 / 25 / 2025 Event Description:Chamber of Commerce Event Brief Description of Meeting/Event Value to EVWD Attend Monthly Chamber Business lunch meeting Speaker Penny Lilburn Meeting Date:2 / 26 / 2025 Event Description:Regular Board Meeting Brief Description of Meeting/Event Value to EVWD iAttend regular board meeting Ref. Mins. This date Meeting Date:2 / 27 / 2025 Event Description:Chamber of Commerce Event Brief Description of Meeting/Event Value to EVWD Attend Annua lChamber Installment dinner meeting Phillip R. Goodrich February / 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:2025 Meeting No.Stipend Written Oral 1 2 /03 248.06 2 2 /04 248.06 3 2 /06 248.06 4 2 /06 0.00 5 2 /07 248.06 6 2 /12 248.06 7 2 /13 248.06 8 2 /18 248.06 9 2 /20 248.06 10 2 /26 248.06 11 12 13 14 15 16 17 18 19 20 Meetings 0.7/mi No. 1 2 /14 2 3 4 5 6 7 8 9 10 Subtotal TOTAL PAYMENT Date of Approval $20.00 Legislative Outreach Mileage 58.00 Miscellaneous Reimbursement Description Regular Board Meeting San Bernardino Valley MWD ACWA Event Regular Board Meeting Legislative & Public Affairs Committee Meeting San Bernardino Valley MWD Expense Type $2,232.54 $40.60 Reimbursement 20.00Parking 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 Meeting with General Manager/CEO or Designee EVWD Event Meeting with General Manager/CEO or Designee $2,293.14 James Morales, Jr.February / 58.00 X 9 Report Provided Subtotal Meetings' Stipend Mileage Meeting with General Manager/CEO or Designee DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET 1 Name: Month / Year:2025 1 2 3 4 5 James Morales, Jr.February / 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: Legislative outreach planning. 2 / 3 / 2025 Meeting with General Manager/CEO or Designee Brief Description of Meeting/Event Value to EVWD Meeting Date:2 / 4 / 2025 Event Description:EVWD Event Brief Description of Meeting/Event Value to EVWD Meeting Date:2 / 6 / 2025 Event Description:Meeting with General Manager/CEO or Designee Legislative delegate and administration outreach. Brief Description of Meeting/Event Value to EVWD Ditsrict operational and business update. Meeting Date:2 / 6 / 2025 Event Description:San Bernardino Valley MWD Brief Description of Meeting/Event Value to EVWD Special Meeting Policy. Quarterly investment update. Legislative update. Board report assignment. No charge, more than one per diem. Meeting Date:2 / 7 / 2025 Event Description:ACWA Event Brief Description of Meeting/Event Value to EVWD ACWA State Legislative Committee meeting. DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET AB 1234 SUPPLEMENTAL REPORT FORM 2 Name: Month / Year:2025 6 7 8 9 10 Meeting Date:2 / 12 / 2025 Event Description:Regular Board Meeting Brief Description of Meeting/Event Value to EVWD Please refer to public agenda. Meeting Date:2 / 13 / 2025 Event Description:Legislative & Public Affairs Committee Meeting Brief Description of Meeting/Event Value to EVWD Please refer to public agenda. Meeting Date:2 / 18 / 2025 Event Description:San Bernardino Valley MWD Brief Description of Meeting/Event Value to EVWD Committees and appointments. Overflow Citrus reservoir. Meeting Date:2 / 20 / 2025 Event Description:Meeting with General Manager/CEO or Designee Brief Description of Meeting/Event Value to EVWD Ditsrict operational and business update. Meeting Date:2 / 26 / 2025 Event Description:Regular Board Meeting Brief Description of Meeting/Event Value to EVWD Please refer to public agenda. James Morales, Jr.February / 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 Agenda Item #3a March 12, 20251 Meeting Date: March 12, 2025 Agenda Item #3a Informational Item 1 3 5 5 Regular Board Meeting TO: Governing Board Members FROM: General Manager/CEO SUBJECT: 2025 Development Update RECOMMENDATION This agenda item is for informational purposes only, no action required. DISTRICT PILLARS AND STRATEGIES IV - Planning, Maintenance, and Preservation of District Resources d. Enhance Planning Efforts that Respond to Future Demands REVIEW BY OTHERS This agenda item has been reviewed by Engineering and Administration. FISCAL IMPACT There is no fiscal impact associated with this agenda item. Recommended by: ________________ Michael Moore General Manager/CEO Respectfully submitted: ________________ Nathan Carlson Senior Engineer ATTACHMENTS Presentation March 12, 2025 Nathan Carlson, Senior Engineer Development update OVERVIEW •Development Impacts on District •Development Process •City of Highland Development Activity •District Development Activity 2 DEVELOPMENT IMPACTS ON DISTRICT •Master Plan •Modest growth forecast •Impact on water minimized with new plumbing and landscape standards •Development fees mitigate impact on existing customers 3 DEVELOPMENT PROCESS 4 Pay Meter FeesConstructionPlan CheckDevelopment Agreement Will Serve Letter CITY OF HIGHLAND DEVELOPMENT ACTIVITY DISTRICT DEVELOPMENT ACTIVITY Construction 35% Planning 23% On-Hold 42% CURRENT DEVELOPMENTS 7 QUESTIONS? Agenda Item #3b March 12, 20251 Meeting Date: March 12, 2025 Agenda Item #3b Informational Item Regular Board Meeting TO: Governing Board Members FROM: General Manager/CEO SUBJECT: Water and Wastewater Per- and Polyfluoroalkyl Substances (PFAS) Update RECOMMENDATION This agenda item is for informational purposes only, no action required. DISTRICT PILLARS AND STRATEGIES IV - Planning, Maintenance, and Preservation of District Resources a. Develop Projects and Programs to Ensure Safe, Reliable, and Resilient Service REVIEW BY OTHERS This agenda item has been reviewed by the executive management team. FISCAL IMPACT There is no fiscal impact associated with this agenda item. Recommended by: ________________ Michael Moore General Manager/CEO Respectfully submitted: ________________ Jeff Noelte Director of Engineering and Operations ATTACHMENTS PFAS Update Presentation Jeff Noelte, Director of Engineering and Operations March 12, 2025 Water and Wastewater PFAS Update WHAT IS PFAS? •Per-and polyfluoroalkyl (PFAS) are a group of environmentally persistent man-made chemicals •PFAS are well-known for their thermal and water repellent properties •Used in a variety of industrial and consumer products •Non-stick coatings •Waterproofing •Protective coatings •Firefighting foams 2 WHAT IS PFAS? •A PFAS molecule 3 PFAS LEVELS IN CONSUMER PRODUCTS 4 NEW PFAS DRINKING WATER REGULATIONS 5 PFAS Compound Maximum Contaminant Level PFOA 4 ppt PFOS 4 ppt PFHxS 10 ppt HFPO-DA 10 ppt PFNA 10 ppt Mixture of PFAS Hazard Index of 1 U.S. DRINKING WATER STANDARDS 6 EVWD DRINKING WATER PFAS TESTING •District first tested for PFOA and PFOS in 2018 on 2 wells •No Detection of PFOA or PFOS •Performed testing of all wells for 29 PFAS compounds in 2024 •No wells tested over the Maximum Contaminant Level •Continue testing in 2025 7 EVWD PFAS DRINKING WATER TEST RESULTS 8 EVWD Facility UCMR 5 Analyte 11A 28A 25A 24B 142 39 24A 125 132-5 151 141 120 134 11Cl-PF3OUdS 8:2 FTS 4:2 FTS 6:2 FTS ADONA 9Cl-PF3ONS HFPO-DA NFDHA PFEESA PFMPA PFMBA PFBS PFBA PFDA PFDoA PFHpS PFHpA PFHxS PFHxA PFNA PFOS PFOA PFPeS PFPeA PFUnA NEtFOSAA NMeFOSAA PFTA PFTrDA Li •377 PFAS tests performed in 2024 •No detections for regulated PFAS •Trace detection at only 2 wells 9 PFAS IN DRINKING WATER WELLS IN SANTA ANA WATERSHED 10 District Service Area Shaded areas above 4 ng/L PFAS IN DRINKING WATER WELLS IN SANTA ANA WATERSHED 11 Shaded areas above 10 ng/L District Service Area PFAS IN DRINKING WATER WELLS IN SANTA ANA WATERSHED 12 Shaded areas above 15 ng/L District Service Area PFAS IN DRINKING WATER WELLS IN SANTA ANA WATERSHED 13 Shaded areas above 20 ng/L District Service Area 14 District Service Area PFAS IN WASTEWATER 15 SOURCES OF PFAS IN WASTEWATER •Although domestic manufacturing of PFOA and PFOS have been phased out and their uses restricted, multiple historic and ongoing activities still result in PFOA, PFOS, and their precursors being released to wastewater treatment plants (WWTPs) •Industrial releases (e.g., aqueous film-forming foam, pulp and paper plants) •Commercial releases (e.g., floor finishes, industrial launderers, ski wax) •Down-the-drain releases from homes (e.g., use of consumer products like aftermarket water resistant sprays, and laundering of stain or water-resistant textiles with PFOA or PFOS coatings) •Landfill leachate (transferred to a WWTP) 16 PFAS IN WASTEWATER •SNRC treats sewage to produce recycled water that is recharged into the groundwater basin •A by-product of wastewater treatment is a semi-solid, nutrient-rich product known as “sewage sludge” or “biosolids” •No regulations exist for biosolids or recycle water •EPA is evaluating new regulations for both biosolids •California is evaluating standards for recycle water 17 PFAS IN WASTEWATER 18 PFAS TESTING OF RECYCLE WATER 19 •The SNRC permit requires testing and reporting on PFAS compounds quarterly •Four PFAS compounds (PFBS, PFOS, PFOA, and PFHxS) are tested at multiple locations BIOSOLIDS USE & DISPOSAL TRENDS Reclamation 1% Compost/Ag 31% Other (e.g. home garden, landscaping, golf course) 24% Monofill 3% Municipal Solid Waste Landfill 24% Incineration 16% Landfill (27%)Land Application (56%) 20 Other (e.g., storage, deep well injection, etc. 1%) PFAS IN BIOSOLIDS 21 •EPA issued a draft risk assessment of biosolids land application that has been heavily criticized for its lack of thoroughness •Multiple lawsuits have been filed on exposure to PFAS via biosolids •against EPA for lack of proper regulation •against producers of biosolids-based products ONGOING AND PLANNED EPA ACTIONS •Planning a National Sewage Sludge Survey (NSSS) in collaboration with the publicly owned treatment works (POTW) Influent PFAS Study •Obtain national occurrence and concentration data on PFAS in sewage sludge to inform future risk assessments and risk management actions •Effluent Limitations Guidelines: PFAS manufacturing facilities; electroplating facilities using PFAS-based fume suppressants and wetting agents; and landfills •PFAS research, especially agricultural uptake, fate, and transport •PFAS destruction and disposal guidance 22 DISCUSSION Agenda Item #4a March 12, 20251 Meeting Date: March 12, 2025 Agenda Item #4a Discussion Item 2 1 1 5 Regular Board Meeting TO: Governing Board Members FROM: General Manager/CEO SUBJECT: Consider Approval of Amendment No. 1 to the Regulatory Laboratory Support Agreement with Eurofins Eaton Analytical, LLC for the Sterling Natural Resource Center (SNRC) RECOMMENDATION That the Board of Directors authorize the General Manager/CEO to execute Amendment No. 1 for the SNRC Regulatory Laboratory Support Agreement with Eurofins Eaton Analytical, LLC in the amount of $350,000. BACKGROUND / ANALYSIS Regulations associated with the operations of the Sterling Natural Resource Center (SNRC) require the sampling and analysis of various water quality parameters in the process to demonstrate compliance with Waste Discharge Requirements and the Master Recycling Permit. The analytical work must be done by a certified Laboratory with the Environmental Laboratory Accreditation Program. Although the District performs some laboratory analysis at the SNRC, a majority of the testing and analysis must be done at a certified laboratory. The District entered into a 3 year contract with Eurofins Eaton Analytical, LLC on October 26, 2023 to perform all the analytical laboratory testing for the SNRC. The contract is limited to $300,000 per year for up to 3 years. The scope and quantity of testing was based on preliminary permit requirements from regulatory agencies. The District obtained the final Master Recycling Permit in December 2023 and additional testing of the wastewater influent, recycle water and biosolids were required. Additional sampling of emerging contaminants like Per- and Polyfluoroalkyl Substances (PFAS) were also required for the first year. In addition, confirmation sampling was required due to new treatment processes coming online in 2024. The additional testing for the first year of SNRC will require a $350,000 increase in the annual contract amount. The quantity of laboratory analysis has increased significantly from the last contract solicitation in 2023. The District plans to update the list of required tests and re-solicit for laboratory service for next fiscal year. In addition, the District is working with regulatory agencies to identify tests that can be performed less frequently to lower cost and still meet all permit requirements. Agenda Item #4a March 12, 20252 Meeting Date: March 12, 2025 Agenda Item #4a Discussion Item 2 1 1 5 DISTRICT PILLARS AND STRATEGIES IV - Planning, Maintenance, and Preservation of District Resources a. Develop Projects and Programs to Ensure Safe, Reliable, and Resilient Service b. Dedicate Efforts Toward System Maintenance and Modernization REVIEW BY OTHERS This agenda item has been reviewed by the Executive Team. FISCAL IMPACT The amendment amount of $350,000 is included in the current mid-year budget and will be funded from the Water Reclamation Program’s contract services. Recommended by: ________________ Michael Moore General Manager/CEO Respectfully submitted: ________________ Manny Moreno Water Reclamation Manager ATTACHMENTS Original Eurofins Contract Agenda Item #4b March 12, 20251 Meeting Date: March 12, 2025 Agenda Item #4b Consent Item Regular Board Meeting TO: Governing Board Members FROM: General Manager/CEO SUBJECT: Consider Adoption of Proclamation Recognizing Cucamonga Valley Water District‘s 70th Anniversary RECOMMENDATION That the Board of Directors formally recognize the Cucamonga Valley Water District for its 70 years of dedicated service in providing reliable water supply to its community. BACKGROUND / ANALYSIS Cucamonga Valley Water District (CVWD) was established on March 1, 1955, following a community initiative to create a reliable water supply service their consumers. Over the past 70 years, CVWD has exemplified leadership in water conservation, infrastructure development, and customer service, ensuring water availability for current and future generations. Their dedication and forward thinking set a high standard in the industry, benefiting both their residential and commercial customers. East Valley Water District recognizes the significant contributions of CVWD in fostering a neighboring reliable water service. Through collaboration and shared values, both East Valley Water District and Cucamonga Valley Water District will continue to work towards providing a safe and reliable service for the respective communities. In celebration of CVWD’s 70th anniversary, East Valley Water District extends appreciation and recognition for the outstanding achievements and unwavering commitment to serving the community. DISTRICT PILLARS AND STRATEGIES V - Community Engagement, Advocacy, and Leadership b. Cultivate and Strengthen Collaborative Partnerships within the Water Industry REVIEW BY OTHERS This agenda item has been reviewed by Public Affairs and Administration. Agenda Item #4b March 12, 20252 Meeting Date: March 12, 2025 Agenda Item #4b Consent Item FISCAL IMPACT There is no fiscal impact associated with this agenda item. Recommended by: ________________ Michael Moore General Manager/CEO Respectfully submitted: ________________ William Ringland Public Affairs/Conservation Manager ATTACHMENTS Proclamation IN RECOGNITION OF THE HISTORY AND CONTRIBUTIONS OF THE CUCAMONGA VALLEY WATER DISTRICT WHEREAS, in the early 1950’s the local leaders of the Cucamonga Valley region saw the need and had a vision to develop a reliable source of supply to provide for the needs of both agricultural and urban water customers, and WHEREAS, on March 1, 1955 an election was held within the territory of the proposed District which favored incorporating the Cucamonga Valley Water District, and WHEREAS, the ﬁrst Board Meeting of the Cucamonga Valley Water District was held on March 25, 1955, and WHEREAS, over the past 70 years the Cucamonga Valley Water District has provided Service Beyond Expectation to its customers, and WHEREAS, the Cucamonga Valley Water District continues to uphold its timeless mission to provide safe and reliable water and wastewater service while practicing good stewardship of natural and ﬁnancial resources, and WHEREAS, the Cucamonga Valley Water District is recognized both regionally and statewide for its innovative technologies and leadership in the water and wastewater industries, and WHEREAS, the Cucamonga Valley Water District looks forward to providing for the needs of all customers for many more years to come, NOW, THEREFORE, BE IT RESOLVED THAT: 1. East Valley Water District recognizes Cucamonga Valley Water District for its lasting contributions to the growth and development of the communities it serves. 2. East Valley Water District expresses its best wishes and much success for the future of the Cucamonga Valley Water District. LEADERSHIP | PARTNERSHIP | STEWARDSHIP THIS 25TH DAY OF MARCH 2025 James Morales, Jr. Chairman of the Board Michael Moore General Manager/CEO Proclamation Dated Agenda Item #4c March 12, 20251 Meeting Date: March 12, 2025 Agenda Item #4c Discussion Item 1 3 5 9 Regular Board Meeting TO: Governing Board Members FROM: General Manager/CEO SUBJECT: Consider Approval of Contract with Larry Walker Associates for a Local Limits Study to Support the Pretreatment Program for the Sterling Natural Resource Center (SNRC) RECOMMENDATION That the Board of Directors authorize the General Manager/CEO to execute an agreement with Larry Walker Associates to conduct a Local Limits Study for a not-to-exceed amount of $45,290, plus a 10% contingency. BACKGROUND / ANALYSIS Title 40 Section 403 of the Code of Federal Regulations establishes the responsibilities of wastewater agencies to implement National Pretreatment Standards to control pollutants which pass through or interfere with treatment processes in Publicly Owned Treatment Works, or which may contaminate sewage sludge. In March 2023, the Board adopted Sewer Ordinance No. 404 to update the previous ordinance to establish a Pretreatment Program required for wastewater treatment at the Sterling Natural Resource Center (SNRC). This was a necessary step in the permitting process for the SNRC. The Pretreatment Program includes local limits for specific pollutants that individual dischargers can release to the sewer system. Currently, the local limits are the ones utilized by the City of San Bernardino prior to the operation of the SNRC. Now that the SNRC is in operation, a “local limits study” is needed to tailor the local limits to the unique characteristics of the service area. The Environmental Protection Agency has established guidelines on conducting a local limits study. Proposals were solicited for consulting services to conduct the local limits study, and three proposals were received. An evaluation committee of District staff selected Larry Walker Associates as the best value at a cost of $45,290. DISTRICT PILLARS AND STRATEGIES IV - Planning, Maintenance, and Preservation of District Resources a. Develop Projects and Programs to Ensure Safe, Reliable, and Resilient Service Agenda Item #4c March 12, 20252 Meeting Date: March 12, 2025 Agenda Item #4c Discussion Item 1 3 5 9 REVIEW BY OTHERS This agenda item has been reviewed by the executive management team. FISCAL IMPACT This item is funded in the current fiscal year budget. Recommended by: ________________ Michael Moore General Manager/CEO Respectfully submitted: ________________ Jeff Noelte Director of Engineering and Operations ATTACHMENTS Agreement AGREEMENT NO 2025.08 EAST VALLEY WATER DISTRICT FOR FOR PROFESSIONAL SERVICES THIS AGREEMENT is made this 12th day of February 2025, 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 Larry Walker Associates, Incorporated, a California Corporation (hereinafter referred to as “CONSULTANT”). RECITALS WHEREAS, the DISTRICT desires to contract with CONSULTANT to provide professional services for Pretreatment Local Limits Study (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 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 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 Section 3.3 of this Agreement. In case of 3 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. 4 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 Mike Hurst 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. CONSULTANT’s obligation to defend, indemnify, and hold harmless the DISTRICT, 5 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 $45,290.00 and such amount is the cost ceiling as described herein. The total estimated charges stated herein constitute the total amount agreed to. 6 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 7 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 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 8 written notice to the DISTRICT, or ten (10) days advance written notice in the event of cancellation due to non-payment of premium. (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. 9 (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 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. 10 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 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: Larry Walker Associates 1480 Drew Avenue, Suite 100 Davis, CA 95618 Attn: Brian Laurenson, Executive Vice President 6.6 CONSULTANT’S ASSIGNED PERSONNEL: CONSULTANT designates Gorman Lau 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 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 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. (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. 12 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 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, to the extent 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 to the extent arising out of any breach by CONSULTANT or 13 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. (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 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: 14 (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) 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 15 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 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. 16 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. CONSULTANT DISTRICT By: ___________________________ By: _____________________________ Brian M Laurenson Executive Vice President East Valley Water District 17 EXHIBIT A SCOPE OF WORK 1 January 24, 2025 Mr. Michael Hurst Water and Wastewater Compliance Supervisor East Valley Water District Submitted via e-mail Scope of Services for East Valley Water District Local Limits Study Dear Mr. Hurts, Larry Walker Associates, Inc. (LWA) is pleased to submit this scope of services to East Valley Water District (District) to support the development of local limits. The District is in the process of developing and implementing a Pretreatment Program to regulate current and future industrial users discharging wastewater to the Sterling Natural Resources Center (Facility), which began operations in early 2024. LWA has successfully worked with numerous wastewater agencies throughout California and Nevada in developing and updating technically justifiable and regulator-approved local limits in accordance with United States Environmental Protection Agency (USEPA) methodologies. Scope of Services To support the District with this effort, LWA proposes the following scope of services: • Task 1: Participate in a Kick-off Meeting and Site Visit • Task 2: Review Existing Information and Data • Task 3: Develop Local Limits Sampling Plan • Task 4: Provide Local Limits Sampling Support • Task 5: Prepare Local Limits Report • Task 6: Coordinate with Santa Ana Regional Water Quality Control Board • Task 7: Project Coordination Each of these tasks are described in detail below. Task 1. Participate in a Kick-off Meeting and Site Visit To effectively initiate the project, LWA will prepare for and participate in a meeting with the District staff to kick-off the project. The purpose of this meeting is to confirm the project understanding, discuss the project approach and schedule, identify project responsibilities and persons of contact, and gather relevant information or data needed as part of this effort. As part of the kick-off meeting, LWA will also conduct a site visit of the Facility. 1480 Drew Avenue, Suite 100 Davis, CA 95618 www.lwa.com 530.753.6400 530.753.7030 fax 2 Task 2. Review Existing Information and Data LWA will review relevant background data and information, including, at a minimum, the Waste Discharge Requirements and Master Recycling Permit (Permit, Order No. R8-2023-0009), which was adopted by the Santa Ana Regional Water Quality Control Board (Water Board) in December 2023, recent annual reports and monitoring data, industrial user surveys, monitoring data from industrial users, process unit diagrams and design capacities, and other Pretreatment Program documents. LWA anticipates that the District will provide this information and data in an electronic format (e.g., Excel, Word, PDF) for review and compilation. Task 3. Develop Local Limits Sampling Plan Under its Permit, the District is required to conduct extensive monitoring of the Facility influent and effluent and groundwater wells around the Facility and the Weaver spreading basins. LWA will review monitoring data to identify and screen potential pollutants of concern for which local limits may need to be developed. While the initial list of pollutants may be long, based on our experience, LWA anticipates that the screening will significantly reduce the list of pollutants of concern. As part of this screening, LWA will also identify any data gaps that will need to be addressed through additional sampling at key locations. According to USEPA’s Local Limits Development Guidance (July 2004), wastewater treatment plants of a similar size to the Facility are typically required to conduct up to 14 consecutive days of sampling as part of a local limits development effort. LWA has successfully used an approach of utilizing existing data coupled with supplemental sampling to significantly reduce the additional sampling (and associated labor, equipment, and analytical costs) that needs to be conducted. Using the information developed from the screening, LWA will prepare a local limits sampling plan that will outline the supplemental sampling that is needed for local limits development. The local limits sampling plan will identify pollutants to be sampled, sampling location, sampling frequencies, sampling procedures, analytical methods and detection limits, quality assurance and quality control (QA/QC) needs, and a summary of the screening and justification for not developing local limits for other potential pollutants of concern. LWA will submit the draft local limits sampling plan to the District for review and comments. LWA will incorporate comments from the District and prepare a final local limits sampling plan for the District. LWA staff are not health and safety experts and any sampling conducted as part of this effort must adhere to the District’s applicable health and safety requirements. Task 4. Provide Local Limits Sampling Support Local Limits Development Guidance recommends that all sampling be conducted under normal operating conditions during dry weather to mitigate potential impacts from inflow and infiltration. Sampling will follow the flow of the treatment process based on the hydraulic residence time to the extent practicable. Sampling should be conducted by at least two people to adhere to clean sampling technical and for general safety. For this scope of services, it is expected that District staff will conduct all sampling identified in the local limits sampling plan. 3 LWA will provide coordination support with and guidance to the District and/or analytical laboratory. This scope of services and cost estimate does not include equipment rental or analytical costs. Those costs will be borne directly by the District through their laboratory services agreement. Task 5. Prepare Local Limits Report Upon receiving pollutant data from local limits sampling, LWA will develop the allowable headworks loading (AHL) limits for the appropriate pollutants. Numeric local limits may be established based on one or more of the following criteria: Facility design capacities, pass- through or discharge limitations, interference with or inhibition of Facility operations, biosolids disposal restrictions, or other applicable limitations. LWA will calculate AHLs for each of these criteria and determine the maximum allowable headworks loading (MAHL) for each pollutant of concern. The MAHL will be used as the basis for developing the maximum allowable industrial loading (MAIL), which is the total mass load that can be accepted from all industrial (or permitted) users, and the calculation of the local limits. LWA will work with the District to determine the appropriate methodology for allocating the MAIL amongst its industrial users to develop the final local limits. LWA will prepare a draft local limits report presenting the proposed local limits and technical justification for their establishment. The draft local limits report will be submitted to the District for review. LWA will meet with District staff to present the draft report and to discuss comments. Based on comments received, LWA will prepare a final draft local limits report that will be submitted to the Santa Ana Water Board for review and approval. Upon receiving comments from the Santa Ana Water Board on the final draft local limits report, LWA will prepare a final local limits report and include a response to comments received from the Santa Ana Water Board that summarizes any revisions made or not made to the final draft local limits report. The District may then incorporate the local limits into the Sewer Use Ordinance and begin their implementation upon approval by the District Board of Directors. Task 6. Coordinate with Santa Ana Regional Water Quality Control Board LWA will prepare for and participate in up to two (2) meetings with the Santa Ana Water Board staff to discuss the proposed local limits and address any comments or concerns. Task 7. Project Coordination LWA will provide on-going project coordination, which includes regular communication with District staff regarding the project schedule, budgets, expenditures and other issues related to the administration of the project. 4 Project Schedule The proposed project schedule is presented in the table below and is based on LWA receiving a Notice to Proceed by February 1, 2025. Task No. Task Description Anticipated Schedule for Completion 1 Participate in a Kick-off Meeting and Site Visit February 2025 2 Review Existing Information and Data March 2025 3 Develop Local Limits Sampling Plan - Draft Local Limits Sampling Plan April 2025 - Final Local Limits Sampling Plan May 2025 4 Provide Local Limits Sampling Support July 2025 (1) 5 Prepare Local Limits Report - Draft Local Limits Report November 2025 - Final Draft Local Limits Report December 2025 - Final Local Limits Report TBD (2) 6 Coordinate with Santa Ana Regional Water Quality Control Board TBD (2) 7 Project Coordination On-going (1) Local limits sampling may take up to four weeks, including three weeks for preparation (e.g., coordination with the analytical laboratory, procuring sample bottles and equipment) and one week for sampling. This schedule also anticipates a one-month turnaround time for receiving sample results from the analytical laboratory. (2) The schedule for this task is dependent on Santa Ana Regional Water Quality Control Board activities and schedule. Project Cost Estimate The cost estimate for the work described above will be conducted on a time and materials basis according to LWA’s current billing rates, which are adjusted annually on July 1. A summary of the proposed cost estimate is presented in the table below. We look forward to the opportunity to work with the District to respond to its needs in an efficient and effective manner. Please feel free to contact me should you have any questions or concerns regarding this scope of services. Sincerely, Gorman Lau, P.E. Associate 5 Project Manager Project Engineer IA Project Engineer IB Contract Administration Gorman Lau Nubia Donikian Brenda Rojas Tina Van Carpel $295 $196 $171 $150 1 Participate in a Kick-off Meeting and Site Visit 4 4 $1,180 2 Review Existing Information and Data 2 4 20 26 $4,794 3 Develop Local Limits Sampling Plan - Draft Local Limits Sampling Plan 4 4 32 40 $7,436 - Final Local Limits Sampling Plan 2 4 6 $1,274 4 Provide Local Limits Sampling Support 4 4 $1,180 5 Prepare Local Limits Report - Draft Local Limits Report 8 16 60 84 $15,756 - Final Draft Local Limits Report 4 8 12 24 $4,800 - Final Local Limits Report 4 2 8 14 $2,940 6 Coordinate with Santa Ana Regional Water Quality Control Board 6 6 $1,770 7 Project Coordination 8 12 20 $4,160 46 34 136 12 228 $45,290 Task Description Total Hours Total Costs TOTAL PROJECT COSTS LWA Labor Hours and Rates