March 7, 2016
Local Assistance Procedures Manual Exhibit 4-C
Master Agreement
EXHIBIT B NONDISCRIMINATION ASSURANCES
ADMINISTERING AGENCY HEREBY AGREES THAT, as a condition to receiving any federal financial assistance from the STATE, acting for the U.S. Department of Transportation, it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4 (hereinafter referred to as the ACT), and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, "Nondiscrimination in Federally -Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964" (hereinafter referred to as the REGULATIONS), the Federal -aid Highway Act of 1973, and other pertinent directives, to the end that in accordance with the ACT, REGULATIONS, and other pertinent directives, no person in the United States shall, on the grounds of race, color, sex, national origin, religion, age or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which ADMINISTERING AGENCY receives federal financial assistance from the Federal Department of Transportation. ADMINISTERING AGENCY HEREBY GIVES ASSURANCE THAT ADMINISTERING AGENCY will promptly take any measures necessary to effectuate this agreement. This assurance is required by subsection 21.7(a) (1) of the REGULATIONS.
More specifically, and without limiting the above general assurance, ADMINISTERING AGENCY hereby gives the following specific assurances with respect to its federal -aid Program:
1. That ADMINISTERING AGENCY agrees that each "program" and each "facility" as defined in subsections 21.23 (e) and 21.23 (b) of the REGULATIONS, will be (with regard to a "program") conducted, or will be (with regard to a "facility") operated in compliance with all requirements imposed by, or pursuant to, the REGULATIONS.
2. That ADMINISTERING AGENCY shall insert the following notification in all solicitations for bids for work or material subject to the REGULATIONS made in connection with the federal -aid Program and, in adapted form, in all proposals for negotiated agreements:
ADMINISTERING AGENCY hereby notifies all bidders that it will affirmatively insure that in any agreement entered into pursuant to this advertisement, disadvantage business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, national origin, religion, age, or disability in consideration for an award.
3. That ADMINISTERING AGENCY shall insert the clauses of Appendix A of this assurance in every agreement subject to the ACT and the REGULATIONS.
4. That the clauses of Appendix B of this Assurance shall be included as a covenant running with the land, in any deed effecting a transfer of real property, structures, or improvements thereon, or interest therein.
5. That where ADMINISTERING AGENCY receives federal financial assistance to construct a facility, or part of a facility, the Assurance shall extend to the entire facility and facilities operated in connection therewith.
6. That where ADMINISTERING AGENCY receives federal financial assistance in the form, or for the
March 7, 2016
Local Assistance Procedures Manual Exhibit 4-C
Master Agreement
acquisition, of real property or an interest in real property, the Assurance shall extend to rights to space on, over, or under such property.
7. That ADMINISTERING AGENCY shall include the appropriate clauses set forth in Appendix C and D of this Assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the ADMINISTERING AGENCY with other parties:
Appendix C;
(a) for the subsequent transfer of real property acquired or improved under the federal -aid Program; and
Appendix D;
(b) for the construction or use of or access to space on, over, or under real property acquired, or improved under the federal -aid Program.
8. That this assurance obligates ADMINISTERING AGENCY for the period during which federal financial assistance is extended to the program, except where the federal financial assistance is to provide, or is in the form of, personal property or real property or interest therein, or structures, or improvements thereon, in which case the assurance obligates ADMINISTERING AGENCY or any transferee for the longer of the following periods:
(a) the period during which the property is used for a purpose for which the federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or
(b) the period during which ADMINISTERING AGENCY retains ownership or possession of the property.
9. That ADMINISTERING AGENCY shall provide for such methods of administration for the program as are found by the U.S. Secretary of Transportation, or the official to whom he delegates specific authority, to give reasonable guarantee that ADMINISTERING AGENCY, other recipients, sub - grantees, applicants, sub -applicants, transferees, successors in interest, and other participants of federal financial assistance under such program will comply with all requirements imposed by, or pursuant to, the ACT, the REGULATIONS, this Assurance and the Agreement.
10. That ADMINISTERING AGENCY agrees that the United States and the State of California have a right to seek judicial enforcement with regard to any matter arising under the ACT, the REGULATIONS, and this Assurance.
11. ADMINISTERING AGENCY shall not discriminate on the basis of race, religion, age, disability, color, national origin or sex in the award and performance of any STATE assisted contract or in the administration on its DBE Program or the requirements of 49 CFR Part 26. ADMINISTERING AGENCY shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non- discrimination in the award and administration of STATE assisted contracts. ADMINISTERING AGENCY'S DBE Implementation Agreement is incorporated by reference in this AGREEMENT. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved DBE Implementation Agreement, STATE may impose sanctions as provided for under 49 CFR Part 26 and
March 7, 2016
Local Assistance Procedures Manual Exhibit 4-C
Master Agreement
may, in appropriate cases, refer the matter for enforcement under 18 USG 1001 and/or the Program Fraud Civil Remedies Act of 1985 (31USC 3801 et seq.)
THESE ASSURANCES are given in consideration of and for the purpose of obtaining any and all federal grants, loans, agreements, property, discounts or other federal financial assistance extended after the date hereof to ADMINISTERING AGENCY by STATE, acting for the U.S. Department of Transportation, and is binding on ADMINISTERING AGENCY, other recipients, sub grantees, applicants, sub -applicants, transferees, successors in interest and other participants in the federal -aid Highway Program.
March 7, 2016
Local Assistance Procedures Manual Exhibit 4-C
Master Agreement
APPENDIX A TO EXHIBIT B
During the performance of this Agreement, ADMINISTERING AGENCY, for itself, its assignees and successors in interest (hereinafter collectively referred to as ADMINISTERING AGENCY) agrees as follows:
(1) Compliance with Regulations: ADMINISTERING AGENCY shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.
(2) Nondiscrimination: ADMINISTERING AGENCY, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub -applicants, including procurements of materials and leases of equipment. ADMINISTERING AGENCY shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the agreement covers a program set forth in Appendix B of the REGULATIONS.
(3)
Solicitations for Sub -agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by ADMINISTERING AGENCY for work to be performed under a Sub -agreement, including procurements of materials or leases of equipment, each potential sub -applicant or supplier shall be notified by ADMINISTERING AGENCY of the ADMINISTERING AGENCY's obligations under this Agreement and the REGULATIONS relative to nondiscrimination on the grounds of race, color, or national origin. (4) Information and Reports: ADMINISTERING AGENCY shall provide all information and reports required by the REGULATIONS, or directives issued pursuant thereto, and shall permit access to ADMINISTERING AGENCY's books, records, accounts, other sources of information, and its facilities as may be determined by STATE or FHWA to be pertinent to ascertain compliance with such REGULATIONS or directives. Where any information required of ADMINISTERING AGENCY is in the exclusive possession of another who fails or refuses to furnish this information, ADMINISTERING AGENCY shall so certify to STATE or the FHWA as appropriate, and shall set forth what efforts ADMINISTERING AGENCY has made to obtain the information. (5)
Sanctions for Noncompliance: In the event of ADMINISTERING AGENCY's noncompliance with the nondiscrimination provisions of this agreement, STATE shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
(a) withholding of payments to ADMINISTERING AGENCY under the Agreement within a reasonable period of time, not to exceed 90 days; and/or (b) cancellation, termination or suspension of the Agreement, in whole or in part. (6) Incorporation of Provisions: ADMINISTERING AGENCY shall include the provisions of paragraphs (1) through (6) in every sub -agreement, including procurements of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto.
March 7, 2016
Local Assistance Procedures Manual Exhibit 4-C
Master Agreement
ADMINISTERING AGENCY shall take such action with respect to any sub -agreement or procurement as STATE or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event ADMINISTERING AGENCY becomes involved in, or is threatened with, litigation with a sub -applicant or supplier as a result of such direction, ADMINISTERING AGENCY may request STATE enter into such litigation to protect the interests of STATE, and, in addition, ADMINISTERING AGENCY may request the United States to enter into such litigation to protect the interests of the United States.
March 7, 2016
Local Assistance Procedures Manual Exhibit 4-C
Master Agreement
APPENDIX B TO EXHIBIT B
The following clauses shall be included in any and all deeds effecting or recording the transfer of PROJECT real property, structures or improvements thereon, or interest therein from the United States. (GRANTING CLAUSE)
NOW, THEREFORE, the U.S. Department of Transportation, as authorized by law, and upon the condition that ADMINISTERING AGENCY will accept title to the lands and maintain the project constructed thereon, in accordance with Title 23, United States Code, the Regulations for the Administration of federal -aid for Highways and the policies and procedures prescribed by the Federal Highway Administration of the Department of Transportation and, also in accordance with and in compliance with the Regulations pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the ADMINISTERING AGENCY all the right, title, and interest of the U.S. Department of Transportation in, and to, said lands described in Exhibit "A" attached hereto and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto ADMINISTERING AGENCY and its successors forever, subject, however, to the covenant, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which federal fmancial assistance is extended or for another purpose involving the provision of similar services or benefits and shall be binding on ADMINISTERING AGENCY, its successors and assigns.
ADMINISTERING AGENCY, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, (1) that no person shall on the grounds of race, color, sex, national origin, religion, age or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed (;) (and) *
(2) that ADMINISTERING AGENCY shall use the lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in federally -assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended (;) and (3)
that in the event of breach of any of the above -mentioned nondiscrimination conditions, the U.S.
Department of Transportation shall have a right to re-enter said lands and facilities on said land, and the above -described land and facilities shall thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this deed.*
* Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.
March 7, 2016
Local Assistance Procedures Manual Exhibit 4-C
Master Agreement
APPENDIX C TO EXHIBIT B
The following clauses shall be included in any and all deeds, licenses, leases, permits, or similar instruments entered into by ADMINISTERING AGENCY, pursuant to the provisions of Assurance 7(a) of Exhibit B.
The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as covenant running with the land") that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Depaitiiient of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.), shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of Secretary, Part 21, Nondiscrimination in federally -assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended.
(Include in licenses, leases, permits, etc.)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to terminate the (license, lease, permit etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued. (Include in deeds)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to re-enter said land and facilities thereon, and the above- described lands and facilities shall thereupon revert to and vest in and become the absolute property of ADMINISTERING AGENCY and its assigns.
* Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.
March 7, 2016
Local Assistance Procedures Manual Exhibit 4-C
Master Agreement
APPENDIX D TO EXHIBIT B
The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by the ADMINISTERING AGENCY, pursuant to the provisions of Assurance 7 (b) of Exhibit B.
The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his personal representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds, and leases add "as a covenant running with the land") that:
(1) no person on the ground of race, color, sex, national origin, religion, age or disability, shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in the use of said facilities;
(2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the ground of race, color, sex, national origin, religion, age or disability shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; and
(3)
that the (grantee, licensee, lessee, permittee, etc.,) shall use the premises in compliance with the Regulations.
(Include in licenses, leases, permits, etc.)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued. (Include in deeds)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to re-enter said land and facilities thereon, and the above- described lands and facilities shall thereupon revert to and vest in and become the absolute property of ADMINISTERING AGENCY, and its assigns.
* Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.
March 7, 2016
BEAUMONT
-C A L I F O R N A -
Staff Report
TO: City Council
FROM: Thaxton Van Belle, Director of Water Reclamation
Sunshine Sanchez, Management Analyst
DATE: September 2, 2025
SUBJECT: Approve a Purchase Order Increase of $17,200 for Tyler Technologies Description: The approved Purchase Order (PO) for Tyler for Utility Billing is exhausted, and an increase is needed to pay the last invoice for Fiscal Year 24/25.
Background and Analysis:
Tyler Technologies is a software service provider utilized by multiple City departments.
To date a total of $185,700 has been expended.
To pay the last invoice for FY 24/25, an additional $17,200 is required. This will meet the City's financial obligations and close out Fiscal Year 2024-2025.
The increase brings the total amount to $202,900. Per Ordinance No. 1160, the City Manager's purchasing authority of $200,000 for the purchase of goods and general services. As the revised total exceeds this threshold, Council approval is required to increase the Purchase Order.
Fiscal Impact:
The funds will be allocated from the Wastewater Software budget GL 700-4050-7071- 0000.
The cost to prepare this staff report is estimated to be $150.
Recommended Action:
Approve a Purchase Order increase of $17,200 to Tyler Technologies.
Attachments:
A. PO Change Form
-C A L I F O R N I A -
PURCHASE ORDER
CHANGE REQUEST
*ORANGE= REQUESTING DEPT.
*GREEN= FINANCE
*PURPLE= APPROVER
PART I: (Completed by Requesting Department)
Requesting
Department:
Wastewater
Vendor Name:
Tyler
y
Purchase Order#:
24/251981
Is this a regulatory
cost?:
Prodrelated to Servic
Utility Billing Credit Card Fees
Original Purchase
Order Amount:
$60 701.00
V )
Original Account
Allocation #:
New Purchase Order
Amount:
+$17,201.12 (total $77,902.12)
New Account
Allocation #:
Why is the change
order occurring?
In order to pay the final invoice from Tyler for FY 24/25.
Is the new amount to
add funds to the total
of P.0 or for
individual line items?
Yes
What was the original
budgeted
amount that this
Purchase order was a
part of?
$60,701.00
Does the current
budgeted amount
cover the
newly amended P.O.
amount?
Yes
Does this PO change No
constitute a change
in the Contract?
Requesting
Department Head /*4
Signature:
Date:
'7/3/
PART II. (Completed by Finance dept.)
Date received and by:
Comments:
Finance Department
Head Signature:
Date:
PART III. (Completed by the City Manager or City Council as the approver) Approver Signature:
Date:
BEAUMONT
-C A L I F O R N A -
Staff Report
TO: City Council
FROM: Thaxton Van Belle, Director of Water Reclamation
Sunshine Sanchez, Management Analyst
DATE: September 2, 2025
SUBJECT: Approve a Purchase Order Increase of $75,180 for Synagro West, LLC Description: Consideration of in increase in a Purchase Order (PO) for Synagro West, LLC, for sludge hauling services to pay the final invoice for Fiscal Year 24/25.
Background and Analysis:
In June 2024, City staff presented a list of vendors expected to exceed the City Manager's purchasing authority of $200,000 for the Fiscal Year 24/25 purchase of goods and general services, as established by Ordinance No. 1160.
Synagro West, LLC was included on that list, with an initial requisition amount of $644,500 for the fiscal year.
Revenues were up 13.73% over projections due to increased connections and higher flows, which resulted in the need for additional treatment and hauling services.
As a result, the City has since exhausted the FY 24/25 Purchase Order balance, and an additional $75,180 is now required to fulfill year-end obligations and close out the fiscal year. This increase will bring the total FY 24/25 PO amount to $719,680 from the original approval of $644,500.
Fiscal Impact:
Sufficient funds are available in the Wastewater Contractual Services budget, GL 700- 4050-7068-0000, to cover the requested increase.
The cost to prepare this staff report is estimated to be $150.
Recommended Action:
Approve a Purchase Order increase of $75,180 for Synagro West, LLC.
Attachments:
A. PO Change Form
B. Synagro Invoice 58506
C. Synagro Invoice 58595
-CALIFORNIA -
PURCHASE ORDER
CHANGE REQUEST
*ORANGE= REQUESTING DEPT
*GREEN= FINANCE
*PURPLE= APPROVER
PART I: (Completed by Requesting Department)
Requesting
Department:
Wastewater
Vendor Name:
S na ro
y g
Purchase Order#:
24/251889
Is this a regulatory
cost?:
Product or Service
related to this P.O:
Hauling
U l n
Sludge g
Original Purchase
Order Amount:
$644 500.00
1 Original Account
Allocation #:
New Purchase Order
Amount: Allocation
$719,679.87(+75,179.87) New Account
#:
Why is the change
order occurring?
The total biosolid volume exceeded the Purchase Order quantity due to increased production from community growth.
Is the new amount to
add funds to the total
of P.0 or for
individual line items?
Total of P.O.
What was the original
budgeted
amount that this
Purchase order was a
Dart of?
$644,500.00
Does the current
budgeted amount
cover the
newly amended P.O.
amount?
Yes
Does this PO change
constitute a change
in the Contract?
No
Requesting
Department Head
Signature:
Date:
7 (`� 72g —
PART II. Completed byfinance dept.)
Date received and by:
Comments:
Finance Department
Head Signature:
Date:
PART III. (Completed by the City Manager or City Council as the approver Approver Signature:
Date:
SYNAGRO
Invoice
YOUR.. PARTNER FOR. A CLEANER. GREENER WORLD
30 Synagro West, LLC
435 Williams Ct, Suite 100
Baltimore
MD 21220
BiII To
CITY OF BEAUMONT
550 E. 6TH STREET
BEAUMONT CA 92223
United States
Customer Date Doc No.
30-BEAUMON
6/1/2025
58506
Terms Due Date PO #
Project
Net 30
7/1/2025
Agreement # C24-19
104595 104595 30-BEAUMONT
Plant
Quantity Description
UOM Rate
Amount
Nursery Products
Nursery Products
Nursery Products
811.1
1.25 811.1
FUEL SURCHARGE
MINIMUM TONNAGE (24/WT)
BIOSOLIDS TO NURSERY PRODUCTS
Wet Ton
Wet Ton
Ton
1.90 63.37
63.37 1,541.09
79.21 51,399.41
Please note new remittance info below:
Remit To
Synagro Technologies, Inc
PO BOX 1367
Albany, NY 12201-1367
Routing: 041001039
Acct Number: 359681613295
Invoice Total
S53,019.71
Finance Charges will be applied to Past Due Invoices, For more information please contact Christina Curran at (410) 537-6153 or email at [email protected].
Any notice of change in payment instructions must be verified by telephone by calling the Accounting Manager, Jessica Murray at +1-443-917-6971 (or any update thereto provided by Synagro in writing).
Account Statement
Current
1-30 Days 31-60 Days
61-90 Days Over 90 Days Acct Balance
53,019.71
0.00 0.00
0.00 0.00
$53,019.71
Customer Date Synagro Ticket# Generator # Gross Tare Net Billing Quantity Truck# BEAUMONT 5/1/2025 167601NPD 90420 80640 31140 49500
BEAUMONT 5/2/2025 167675NPD 90422 80880 30780 50100
BEAUMONT 5/3/2025 167720NPD 89996 77040 29100 47940
BEAUMONT 5/4/2025 167765NPD 90424 80860 31000 49860
BEAUMONT 5/4/2025 167777NPD 90425 80920 31000 49920
BEAUMONT 5/5/2025 167791NPD 90353 79060 29500 49560
BEAUMONT 5/6/2025 167857NPD 90428 81160 31360 49800
BEAUMONT 5/7/2025 167940NPD 90431 80700 31900 48800
BEAUMONT 5/8/2025 168010NPD 90432 80460 31940 48520
BEAUMONT 5/9/2025 168063NPD 89831 77920 29500 48420
BEAUMONT 5/10/2025 168115NPD 90031 76120 29100 47020
BEAUMONT 5/11/2025 168171NPD 90972 77240 29000 48240
BEAUMONT 5/12/2025 168197NPD 90436 81240 31540 49700
BEAUMONT 5/13/2025 168292NPD 90438 80420 31740 48680
BEAUMONT 5/14/2025 168365NPD 90440 80500 31760 48740
BEAUMONT 5/16/2025 168559NPD 90652 79200 29480 49720
BEAUMONT 5/16/2025 168505NPD 90981 78700 29500 49200
BEAUMONT 5/17/2025 168585NPD 90983 81600 31200 50400
BEAUMONT 5/18/2025 168620NPD 90655 79160 29640 49520
BEAUMONT 5/19/2025 168652NPD 90657 79200 29480 49720
BEAUMONT 5/20/2025 168714NPD 90985 80340 31100 49240
BEAUMONT 5/21/2025 168766NPD 91190 78140 29440 48700
BEAUMONT 5/22/2025 168832NPD 91263 80760 31300 49460
BEAUMONT 5/23/2025 168905NPD 91265 81320 31100 50220
BEAUMONT 5/24/2025 168959NPD 90741 79520 29100 50420
BEAUMONT 5/25/2025 169026NPD 91196 77380 30000 47380
BEAUMONT 5/26/2025 169051NPD 91269 79980 31080 48900
BEAUMONT 5/27/2025 169105NPD 91200 79500 29600 49900
BEAUMONT 5/28/2025 169219NPD 90752 78800 29040 49760
BEAUMONT 5/28/2025 169186NPD 91271 79920 32260 47660
BEAUMONT 5/29/2025 169259NPD 90444 79680 32180 47500
BEAUMONT 5/30/2025 169327NPD 91275 80560 31720 48840
BEAUMONT 5/31/2025 169380NPD 90782 79960 29100 50860
24.75 101
25.05 101
23.97 01- 9G26182
24.93 101
24.96 9F87732
24.78 102
24.9 101
24.4 101
24.26 101
24.21 102
23.51 01- 9G26182
24.12 102
24.85 101
24.34 101
24.37 101
24.86 B259
24.6 102
25.2 102
24.76 9G71521
24.86 B259
24.62 101
24.35 102
24.73 101
25.11 101
25.21 01- 9G26182
23.69 102
24.45 101
24.95 101
24.88 01- 9G26182
23.83 101
23.75 101
24.42 101
25.43 01- 9G26182
811.1
BEAUMONT NPD- FUEL SURCHARGE CALCULATOR
Date
5/5/2025
5/12/2025
5/19/2025
5/26/2025
Avg. Diesel Price $/Gallon
Base Rate
Increase
Fuel Rate
4.728
4.760
4.835
4.808
19.131
4.783
4.500
ADD FUEL -See Chart
Current Rate
Fuel Surcharge %
63.37 3.00%
Er 1.90
FUEL CHART
AVG Fuel Rate
Fuel Surcharge %
4.500
4.500
4.550
4.600
4.650
4.700
4.750
4.800
4.850
4.900
4.950
5.000
5.050
5.100
5.150
5.200
5.250
5.300
5.350
5.400
5.450
5.500
5.550
5.600
5.650
5.700
4.500
4.549
4.599
4.649
4.699
4.749
4.799
4.849
4.899
4.949
4.999
5.049
5.099
5.149
5.199
5.249
5.299
5.349
5.399
5.449
5.499
5.549
5.599
5.649
5.699
5.749
0.0%
0.5%
1.0%
1.5%
2.0%
2.5%
3.0%
3.5%
4.0%
4.5%
5.0%
5.5%
6.0%
6.5%
7.0%
7.5%
8.0%
8.5%
9.0%
9.5%
10.0%
10.5%
11.0%
11.5%
12.0%
12.5%
***
---troleum & Other Liquids
Weekly Retail Gasoline and Diesel Prices
(Dollars per Gallon, Including Taxes)
Area: California
v Period: Weekly
Show Data By:
Q Product Q Area
View
04/21/25 04/28/25 05/05/25 05/12/25 05/19/25 05/26/25 History Gasoline - AII Grades ❑ 4.727 4.702 4.669 4.762 4.803 4.739 2000-2025 AII Grades - Reformulated Areas ❑ 4.727 4.702 4.669 4.762 4.803 4.739 1995-2025 Regular ❑ 4.614 4.588 4.552 4.648 4.691 4.626 2000-2025 Reformulated Areas ❑ 4.614 4.588 4.552 4.648 4.691 4.626 1995-2025 Midgrade ❑ 4.906 4.884 4.857 4.948 4.984 4.922 2000-2025 Reformulated Areas ❑ 4.906 4.884 4.857 4.948 4.984 4.922 1995-2025 Premium ❑ 5.068 5.044 5.024 5.107 5.143 5.079 2000-2025 Reformulated Areas ❑ 5.068 5.044 5.024 5.107 5.143 5.079 1995-2025 Diesel (On -Highway) -AII Types ❑ 4.755 4.740 4.728 4.760 4.835 4.808 1995-2025 Ultra Low Sulfur (15 ppm and
Under)
4.755 4.740
4.728 4.760
4.835 4.808 2007-2025
Click on the source key icon to learn how to download series into Excel, or to embed a chart or map on your website. - = No Data Reported; -- = Not Applicable; NA = Not Available; W = Withheld to avoid disclosure of individual company data.
Notes: Conventional area is any area that does not require the sale of reformulated gasoline. AII types of finished motor gasoline may be sold in this area. RFG area is an ozone nonattainment area designated by the U.S. Environmental Protection Agency (EPA), which requires the use of reformulated gasoline. We stopped publishing Low Sulfur On -Highway Diesel (LSD) prices at the U.S. level on December 8, 2008, because fewer stations were selling LSD as a result of EPA diesel fuel regulations. We continued to collect LSD prices from retail outlets and included them in the Diesel Average AII Types price until July 26, 2010, when no more outlets reported LSD sales. Beginning July 26, 2010, publication of Ultra Low Sulfur Diesel (ULSD) price became fully represented by the Diesel Average AII Types price. As of December 1, 2010 (September 1, 2006 in California), any on -highway diesel fuel sold is ULSD as mandated by EPA on -highway diesel fuel regulations. We did not collect weekly retail motor gasoline data between December 10, 1990, and January 14, 1991. Monthly and annual averages are simple averages of the weekly data. For months and years with incomplete weekly data series, the monthly and/or annual averages are not available. On May 14, 2018, we implemented statistical methodology changes to improve the accuracy of the weekly retail gasoline price estimates. As a result of these statistical methodology changes, the published retail gasoline estimates for May 14, 2018, are not directly comparable to those published for May 7, 2018. On June 13, 2023, we implemented statistical methodology changes to improve the accuracy of the weekly retail on -highway diesel fuel price estimates. As a result of these statistical methodology changes, the published retail on -highway diesel fuel prices for June 13, 2022 are not directly comparable to those published for June 6, 2022. See Definitions, Sources, and Notes link above for more information on this table.
Release Date: 5/28/2025
Next Release Date: 6/3/2025
SYNAGRO
Invoice
YOUR. PARTNER FOR A CLEANER. GREENER WORLD
30 Synagro West, LLC
435 Williams Ct, Suite 100
Baltimore
MD 21220
BiII To
CITY OF BEAUMONT
550 E. 6TH STREET
BEAUMONT CA 92223
United States
Customer Date Doc No.
30-BEAUMON
7/1/2025
59595
Terms Due Date PO #
Project
Net 30
7/31/2025
Agreement # C24-19
104595 104595 30-BEAUMONT
Plant
Quantity Description
UOM Rate
Amount
Nursery Products
Nursery Products
Nursery Products
734.97
2 734.97
FUEL SURCHARGE
MINIMUM TONNAGE (24/WT)
BIOSOLIDS TO NURSERY PRODUCTS
Wet Ton
Wet Ton
Ton
2.22 63.37
63.37 1,631.63
126.74
46,575.05
Please note new remittance info below:
Remit To
Synagro Technologies, Inc
PO BOX 1367
Albany, NY 12201-1367
Routing: 041001039
Acct Number: 359681613295
Invoice Total
$48,333.42
Finance Charges will be applied to Past Due Invoices, For more information please contact Christina Curran at (410) 537-6153 or email at [email protected].
Any notice of change in payment instructions must be verified by telephone by calling the Accounting Manager, Jessica Murray at +1-443-917-6971 (or any update thereto provided by Synagro in writing).
Account Statement
Current
1-30 Days 31-60 Days
61-90 Days Over 90 Days Acct Balance
48,333.42
0.00 0.00
0.00 0.00
$48,333.42
Customer Date Synagro Ticket# Generator # Gross Tare Net Billing Quantity Truck# BEAUMONT 6/1/2025 169434NPD 90992 77900 30000 47900 23.95 102 BEAUMONT 6/2/2025 169450NPD 91466 80500 30000 50500 25.25 101 BEAUMONT 6/3/2025 169514NPD 91277 81940 31100 50840 25.42 101 BEAUMONT 6/4/2025 169575NPD 90996 79220 29680 49540 24.77 102 BEAUMONT 6/5/2025 169645NPD 90998 78500 29380 49120 24.56 102 BEAUMONT 6/6/2025 169713NPD 91000 77340 29480 47860 23.93 102 BEAUMONT 6/7/2025 169773NPD 90759 79740 29100 50640 25.32 01- 9G26182 BEAUMONT 6/8/2025 169829NPD 91481 80420 31000 49420 24.71 101 BEAUMONT 6/9/2025 169864NPD 91475 80660 31100 49560 24.78 101 BEAUMONT 6/10/2025 169922NPD 91483 80380 31300 49080 24.54 101 BEAUMONT 6/11/2025 170006NPD 91484 80300 31000 49300 24.65 101 BEAUMONT 6/12/2025 170138NPD 91619 77200 29500 47700 23.85 102 BEAUMONT 6/14/2025 170214NPD 90766 77760 29100 48660 24.33 01- 9G26182 BEAUMONT 6/15/2025 170277NPD 91295 80280 31500 48780 24.39 101 BEAUMONT 6/16/2025 170304NPD 91992 77700 29540 48160 24.08 102 BEAUMONT 6/17/2025 170392NPD 91282 80460 31200 49260 24.63 101 BEAUMONT 6/18/2025 170487NPD 91284 80300 31200 49100 24.55 101 BEAUMONT 6/19/2025 170550NPD 91995 77500 29540 47960 23.98 102 BEAUMONT 6/20/2025 170598NPD 91997 79540 29500 50040 25.02 102 BEAUMONT 6/21/2025 170631NPD 91784 79640 29100 50540 25.27 01-9G26182 BEAUMONT 6/22/2025 170683NPD 91494 77440 30000 47440 23.72 9f72847 BEAUMONT 6/23/2025 170698NPD 91787 79000 29100 49900 24.95 01- 9G26182 BEAUMONT 6/23/2025 170706NPD 91999 75720 29500 46220 23.11 102 BEAUMONT 6/24/2025 170796NPD 91286 80080 31100 48980 24.49 101 BEAUMONT 6/25/2025 170878NPD 91288 80280 32240 48040 24.02 101 BEAUMONT 6/26/2025 170950NPD 91290 79940 32180 47760 23.88 101 BEAUMONT 6/27/2025 171017NPD 91292 80580 31500 49080 24.54 101 BEAUMONT 6/28/2025 171062NPD 91786 82000 28600 53400 26.7 01- 9G26182 BEAUMONT 6/29/2025 171118NPD 91499 77500 30100 47400 23.7 102 BEAUMONT 6/30/2025 171157NPD 91294 79520 31760 47760 23.88 101 734.97
BEAUMONT NPD- FUEL SURCHARGE CALCULATOR
Date
6/2/2025
6/9/2025
6/16/2025
6/23/2025
6/30/2025
Avg. Diesel Price $/Gallon
Base Rate
Increase
Fuel Rate
4.768
4.739
4.781
4.893
4.866
24.047
4.809
4.500
ADD FUEL -See Chart
Current Rate
Fuel Surcharge %
63.37 3.50%
W 2.22
FUEL CHART
AVG Fuel Rate
Fuel Surcharge %
4.500
4.500
4.550
4.600
4.650
4.700
4.750
4.800
4.850
4.900
4.950
5.000
5.050
5.100
5.150
5.200
5.250
5.300
5.350
5.400
5.450
5.500
5.550
5.600
5.650
5.700
4.500
4.549
4.599
4.649
4.699
4.749
4.799
4.849
4.899
4.949
4.999
5.049
5.099
5.149
5.199
5.249
5.299
5.349
5.399
5.449
5.499
5.549
5.599
5.649
5.699
5.749
0.0%
0.5%
1.0%
1.5%
2.0%
2.5%
3.0%
3.5%
4.0%
4.5%
5.0%
5.5%
6.0%
6.5%
7.0%
7.5%
8.0%
8.5%
9.0%
9.5%
10.0%
10.5%
11.0%
11.5%
12.0%
12.5%
**
---troleum & Other Liquids
Weekly Retail Gasoline and Diesel Prices
(Dollars per Gallon, Including Taxes)
Area: California v Period: Weekly
V'
Show Data By:
Q Product Q Area
Clear
View
05/26/25 06/02/25 06/09/25 06/16/25 06/23/25 06/30/25 History Gasoline - All Grades
All Grades - Reformulated Areas
Regular
Reformulated Areas
Midgrade
Reformulated Areas
Premium
Reformulated Areas
Diesel (On -Highway) - AII Types
Ultra Low Sulfur (15 ppm and
Under)
❑ 4.739 4.666 4.595 4.545 4.566 4.481 2000-2025
❑ 4.739 4.666 4.595 4.545 4.566 4.481 1995-2025
❑ 4.626 4.549 4.479 4.427 4.444 4.360 2000-2025
❑ 4.626 4.549 4.479 4.427 4.444 4.360 1995-2025
❑ 4.922 4.855 4.789 4.749 4.774 4.695 2000-2025
❑ 4.922 4.855 4.789 4.749 4.774 4.695 1995-2025
❑ 5.079 5.016 4.945 4.897 4.929 4.836 2000-2025
❑ 5.079 5.016 4.945 4.897 4.929 4.836 1995-2025
4.808 4.768 4.739 4.781 4.893 4.866 1995-2025
4.808 4.768
4.739 4.781
4.893 4.866 2007-2025
Click on the source key icon to learn how to download series into Excel, or to embed a chart or map on your website. - = No Data Reported; -- = Not Applicable; NA = Not Available; W = Withheld to avoid disclosure of individual company data.
Notes: Conventional area is any area that does not require the sale of reformulated gasoline. AII types of finished motor gasoline may be sold in this area. RFG area is an ozone nonattainment area designated by the U.S. Environmental Protection Agency (EPA), which requires the use of reformulated gasoline. We stopped publishing Low Sulfur On -Highway Diesel (LSD) prices at the U.S. level on December 8, 2008, because fewer stations were selling LSD as a result of EPA diesel fuel regulations. We continued to collect LSD prices from retail outlets and included them in the Diesel Average AII Types price until July 26, 2010, when no more outlets reported LSD sales. Beginning July 26, 2010, publication of Ultra Low Sulfur Diesel (ULSD) price became fully represented by the Diesel Average AII Types price. As of December 1, 2010 (September 1, 2006 in California), any on -highway diesel fuel sold is ULSD as mandated by EPA on -highway diesel fuel regulations. We did not collect weekly retail motor gasoline data between December 10, 1990, and January 14, 1991. Monthly and annual averages are simple averages of the weekly data. For months and years with incomplete weekly data series, the monthly and/or annual averages are not available. On May 14, 2018, we implemented statistical methodology changes to improve the accuracy of the weekly retail gasoline price estimates. As a result of these statistical methodology changes, the published retail gasoline estimates for May 14, 2018, are not directly comparable to those published for May 7, 2018. On June 13, 2023, we implemented statistical methodology changes to improve the accuracy of the weekly retail on -highway diesel fuel price estimates. As a result of these statistical methodology changes, the published retail on -highway diesel fuel prices for June 13, 2022 are not directly comparable to those published for June 6, 2022. See Definitions, Sources, and Notes link above for more information on this table.
Release Date: 7/1/2025
Next Release Date: 7/8/2025
BEAUMONT
-C A L I F O R N A -
Staff Report
TO: City Council
FROM: Thaxton Van Belle, Director of Water Reclamation
Sunshine Sanchez, Management Analyst
DATE: September 2, 2025
SUBJECT: Follow -Up Report No. 10 — Local State of Emergency - Sewer Mainline Failure and Emergency Repairs in Fairway Canyon
Description: City is retroactively pursuing environmental permits due to local emergency caused by the sewer mainline failure in Fairway Canyon.
Background and Analysis:
On March 3, 2025, City staff were notified of a major sewer mainline failure in the Fairway Canyon community caused by slope erosion behind Hogan Drive homes. The incident led to a manhole collapse and subsequent 15 -inch sewer mainline failure, resulting in a raw sewage spill and the need for emergency response measures.
On March 4, 2025, the City Council adopted a Resolution titled, "A Resolution Of The City Council Of The City Of Beaumont Declaring A Local Emergency And Authorizing The City Manager To Take Necessary Action", which authorized emergency expenditures in an amount not to exceed $500,000, directed staff to provide ongoing reports at each subsequent City Council meeting under California Public Contract Code Section 22050, and authorized the City Manager to take all necessary actions to mitigate further damage and ensure public health and safety.
On March 18, 2025, staff brought a follow-up status report regarding the emergency repairs in Fairway Canyon. No action was taken, but updated pictures were provided, along with an estimated amount of $21,000 that has been expended.
On April 1, 2025, staff brought a follow-up status report regarding the emergency repairs in Fairway Canyon. The full financial impact to date was $432,101 including requisitions added and costs on bypass pumping, equipment, and fuel. Staff were approved for an additional $500,000 to increase the total allocation to $1,000,000 to cover the costs for repairs.
On April 15, 2025, staff provided a follow-up regarding the emergency repairs in Fairway Canyon, which included construction progress updates with pictures and expenditures paid to date.
On May 6, 2025, staff provided an update on construction activity with pictures of completed items.
On June 3, 2025, the City Council re -ratified the Local Emergency Declaration through a second resolution.
On June 17, 2025, staff provided an update to the City Council that, on the recommendation of legal counsel, the emergency status remains open while the City pursues environmental permits retroactively.
On July 15, 2025, the City Council re -ratified the Local Emergency Declaration through a third resolution.
On August 19, 2025, the City Council re -ratified the Local Emergency Declaration through a fourth resolution.
Staff are currently coordinating with applicable agencies for permitting.
The costs are displayed in the table below:
Expenditures as of August 27, 2025
Encumbered
Amount Spent
Fuel for bypass pumps
$
2,346.00
$ 2,972.00
Miscellaneous equipment
$
1,294.00
$ 1,168.00
Electrical
$
8,627.00
$ 8,627.00
Charles King (Bypass pumps)
$
40,000.00
$ 23,552.00
Weaver Grading
$
389,500.00
$ 354,500.00
Legal Services
$
-
$ 34,544.00
State Water Resources Control Board
$ 4,212.00
Total
$
441,767.00
$ 429,575.00
Fiscal Impact:
All emergency -related costs were paid from the Wastewater contingency account.
Although this account has exceeded its budget, Wastewater Fund revenues are tracking higher than anticipated, therefore no reserve funds will be required. Overall, the Wastewater Fund remains within its total appropriated budget.
The estimated cost to prepare this staff report is $150.
Recommended Action:
Direct staff to return at the next Council meeting regarding the status and requirements of applicable environmental permits.
BEAUMONT
-C A L I F O R N A -
Staff Report
TO: City Council
FROM: Thaxton Van Belle, Director of Water Reclamation
DATE: September 2, 2025
SUBJECT: Approval of Agreement with Rincon Consultants for Mitigation Monitoring.
Description: Request to approve a Professional Services Agreement (Agreement) with Rincon Consulting to provide Mitigation Monitoring services for an amount not to exceed $145,896.
Background and Analysis:
On March 3, 2025, the City experienced a significant sewer mainline failure in the Fairway Canyon community due to slope erosion behind homes on Hogan Drive. This resulted in a manhole collapse, a 15 -inch sewer line failure, and a raw sewage spill.
Emergency measures were immediately undertaken to address the public health threat.
The City Council subsequently adopted a resolution on March 4, 2025, declaring a local emergency and authorizing emergency expenditures under California Public Contract Code Section 22050. Staff have provided regular updates, and closeout efforts are now underway.
The City contracted with Environmental Law Group (ELG) for specialized legal support, including mitigation response and environmental permitting. ELG subcontracted Rincon Consultants (Rincon) for environmental permitting and mitigation support. To date, ELG has invoiced the City for expenditures to Rincon in the amount of $43,910.
In an effort to reduce costs and define scope, ELG and city staff are recommending contracting with Rincon directly.
Beaumont Municipal Code 3.01.1000, A., allows an exception to competitive bidding requirements in Emergencies.
3.01.100 - Exceptions to competitive bidding on public projects.
In addition to the situations described in Section 3.01.030, competitive bidding, either formal or informal, is not required for public projects in the situations provided for in this section. Under such conditions, the alternative procedure may be used.
A. Emergencies. In situations determined by the City Manager to constitute an emergency for repair or replacement of a public project pursuant to Public Contract Code Section 22035 and Public Contract Code Section 22050, the City Council hereby delegates to the City Manager the power to declare a public emergency and take any directly related and immediate action required by the emergency, up to a total of $200,000.00, pursuant to California Public Contract Code Section 22035 and California Public Contract Code Section 22050.
Emergency expenditures of more than $200,000.00 shall first be approved by the City Council. Work may be performed without the benefit of competitive bidding, either formal or informal, only so long as necessary under those sections.
For projects of more than $60,000.00, a report on the emergency and work performed shall be provided at the next regular meeting of the City Council, and then at every meeting thereafter required by California Public Contract Code Section 22050. At such meetings, the City Council shall determine, by a four - fifths vote, that there is a need to continue the action without the benefit of informal or formal competitive bidding in accordance with California Public Contract Code Section 22035 and California Public Contract Code Section 22050. The City Council shall terminate the emergency action at the earliest possible date that conditions warrant, so that the remainder of the emergency action may be completed pursuant to a formal bidding procedure or other applicable procedure.
For projects of $200,000.00 or less, the City Manager shall determine, on his or her own as the action continues, whether there is a need to continue the action without the benefit of the applicable bidding procedure. The City Manager shall terminate the emergency action at the earliest possible date that conditions warrant, so that the remainder of the emergency action may be completed pursuant to the applicable bidding procedure.
Rincon has provided a proposal to provide permit compliance services that are intended to address most scenarios that the City may encounter through the process. This conservative approach, listed by task, with some exclusions, allows for reactive adjustments to determinations and requirements issued by the Regional Water Quality Control Board (RWQCB). Any tasks not performed will not be billed.
Fiscal Impact:
The Agreement is for an amount not to exceed $145,896. These expenses will be charged to Account Nos. 100-1300-7068-0000S and 700-4050-7068-0000, depending on the nature of the services rendered.
The estimated cost to prepare this report is $200.
Recommended Action:
Approve the Professional Services Agreement with Rincon Consulting for an amount not to exceed $145,896 for a term of one year and;
Authorize the Mayor to execute the Agreement.
Attachments:
A. Professional Services Agreement
C25-21
AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR
THIS AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR is made and effective upon signature, by and between the CITY OF BEAUMONT ("CITY") whose address is 550 E. 6th Street, Beaumont, California 92223 and Rincon Consultants, Inc., a California Corporation whose address is 180 N Ashwood Avenue, Ventura, California 93003 ("CONTRACTOR").
RECITALS
This Agreement is entered into on the basis of the following facts, understandings and intentions of the parties to this Agreement:
A. CITY desires to engage CONTRACTOR to provide Permit Compliance Services; and
B. CONTRACTOR has made a proposal ("Proposal") to the CITY to provide such professional services, which Proposal is attached hereto as Exhibit "A" and incorporated herein by this reference; and
C. CONTRACTOR agrees to provide such services pursuant to, and in accordance with, the terms and conditions of this Agreement, and represents and warrants to CITY that CONTRACTOR possesses the necessary skills, licenses, certifications, qualifications, personnel and equipment to provide such services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants contained herein, CITY and CONTRACTOR agree as follows:
1. Term of Agreement. This Agreement is effective as of the date first above written and shall continue until terminated as provided for herein. Notwithstanding anything in this Agreement to the contrary, this Agreement shall automatically terminate after one (1) year unless extended by the parties with the approval of the City Council of the CITY.
2. Services to be Performed. CONTRACTOR agrees to provide the services ("Services") as follows: Permit Compliance Services for the Sanitary Sewer Overflow Project; Beaumont, California per Exhibit "A". All Services shall be performed in the manner and according to the timeframe set forth in the Proposal. CONTRACTOR designates May Lau as CONTRACTOR'S professional(s) responsible for overseeing the Services provided by CONTRACTOR.
3. Associates and Subcontractors. CONTRACTOR may, at CONTRACTOR's sole cost and expense, employ such competent and qualified independent associates, subcontractors and consultants as CONTRACTOR deems necessary to perform the Services; provided, however, that CONTRACTOR shall not subcontract any of the Services without the written consent of CITY.
C25-21
4. Compensation.
4.01 CONTRACTOR shall be paid at the rates set forth in the Proposal and shall not increase any rate without the prior written consent of the CITY. Notwithstanding anything in this Agreement to the contrary, total fees and charges paid by CITY to CONTRACTOR under this Agreement shall not exceed One hundred forty-five thousand, eight hundred and ninety-six Dollars and Zero Cents ($145,896).
4.02 CONTRACTOR shall not be compensated for any Services rendered nor reimbursed for any expenses incurred in excess of those authorized unless approved in advance by the CITY, in writing.
4.03 CONTRACTOR shall submit to CITY, on or before the fifteenth (15th) of each month, itemized invoices for the Services rendered in the previous month. The CITY shall not be obligated to pay any invoice that is submitted more than sixty (60) days after the due date of such invoice. CITY shall have the right to review and audit all invoices prior to or after payment to CONTRACTOR. This review and audit may include, but not be limited to CITY' s:
a. Determination that any hourly fee charged is consistent with this Agreement's approved hourly rate schedule;
b. Determination that the multiplication of the hours billed times the approved rate schedule dollars is correct;
c. Determination that each item charged is the usual, customary, and reasonable charge for the particular item. If CITY determines an item charged is greater than usual, customary, or reasonable, or is duplicative, ambiguous, excessive, or inappropriate, CITY shall either return the bill to CONTRACTOR with a request for explanation or adjust the payment accordingly, and give notice to CONTRACTOR of the adjustment.
4.04 If the work is satisfactorily completed, CITY shall pay such invoice within thirty (30) days of its receipt. Should CITY dispute any portion of any invoice, CITY shall pay the undisputed portion within the time stated above, and at the same time advise CONTRACTOR in writing of the disputed portion.
5. Obligations of CONTRACTOR.
5.01 CONTRACTOR agrees to perform all Services in accordance with the terms and conditions of this Agreement and the Proposal. In the event that the terms of the Proposal shall conflict with the terms of this Agreement, or contain additional terms other than the Services to be rendered and the price for the Services, the terms of this Agreement shall govern and said additional or conflicting terms shall be of no force or effect.
5.02 Except as otherwise agreed by the parties, CONTRACTOR will supply all
C25-21
personnel, materials and equipment required to perform the Services. CONTRACTOR shall provide its own offices, telephones, vehicles and computers and set its own work hours. CONTRACTOR will determine the method, details, and means of performing the Services under this Agreement.
5.03 CONTRACTOR shall keep CITY informed as to the progress of the Services by means of regular and frequent consultations. Additionally, when requested by CITY, CONTRACTOR shall prepare written status reports.
5.04 CONTRACTOR is responsible for paying, when due, all income and other taxes, fees and withholding, including withholding state and federal taxes, social security, unemployment and worker's compensation, incurred as a result of the compensation paid under this Agreement. CONTRACTOR agrees to indemnify, defend and hold harmless CITY for any claims, costs, losses, fees, penalties, interest, or damages suffered by CITY resulting from CONTRACTOR's failure to comply with this provision.
5.05 In the event CONTRACTOR is required to prepare plans, drawings, specifications and/or estimates, the same shall be furnished in conformance with local, state and federal laws, rules and regulations.
5.06 CONTRACTOR represents that it possesses all required licenses necessary or applicable to the performance of Services under this Agreement and the Proposal and shall obtain and keep in full force and effect all permits and approvals required to perform the Services herein. In the event CITY is required to obtain an approval or permit from another governmental entity, CONTRACTOR shall provide all necessary supporting documents to be filed with such entity.
5.07 CONTRACTOR shall be solely responsible for obtaining Employment Eligibility Verification information from CONTRACTOR's employees, in compliance with the Immigration Reform and Control Act of 1986, Pub. L. 99-603 (8 U.S.C. 1324a), and shall ensure that CONTRACTOR's employees are eligible to work in the United States.
5.08 In the event that CONTRACTOR employs, contracts with, or otherwise utilizes any Ca1PERS retirees in completing any of the Services performed hereunder, such instances shall be disclosed in advance to the CITY and shall be subject to the CITY's advance written approval.
5.09 Drug -free Workplace Certification. By signing this Agreement, the CONTRACTOR hereby certifies under penalty of perjury under the laws of the State of California that the CONTRACTOR will comply with the requirements of the Drug -Free Workplace Act of 1990 (Government Code, Section 8350 et seq.) and will provide a drug - free workplace.
5.10 CONTRACTOR shall comply with all applicable local, state and federal laws, rules, regulations, entitlements and/or permits applicable to, or governing the Services authorized hereunder including, but not limited to California Department of Industrial Relations (Cal/OSHA) regulations; and the U.S. Department of Transportation
C25-21
Omnibus Transportation Employee Testing Act, related to their scope of work and operations. In case of conflict in regulations, the most stringent shall apply.
6. Insurance. CONTRACTOR hereby agrees to be solely responsible for the health and safety of its employees and agents in performing the Services under this Agreement and shall comply with all laws applicable to worker safety including but not limited to Cal -OSHA.
Therefore, throughout the duration of this Agreement, CONTRACTOR hereby covenants and agrees to maintain insurance in conformance with the requirements set forth below. Attached hereto as Exhibit "B" are copies of Certificates of Insurance and endorsements as required by Section 7.02. If existing coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so.
CONTRACTOR shall provide the following types and amounts of insurance:
6.01 Commercial general liability insurance in an amount of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate; CONTRACTOR agrees to have its insurer endorse the general liability coverage required herein to include as additional insured's CITY, its officials, employees and agents. CONTRACTOR also agrees to require all contractors and subcontractors to provide the same coverage required under this Section 6.
6.02 Business Auto Coverage in an amount no less than $1 million per accident.
If CONTRACTOR or CONTRACTOR's employees will use personal autos in performance of the Services hereunder, CONTRACTOR shall provide evidence of personal auto liability coverage for each such person.
6.03 Workers' Compensation coverage for any of CONTRACTOR's employees that will be providing any Services hereunder. CONTRACTOR will have a state -approved policy form providing statutory benefits as required by California law. The provisions of any workers' compensation will not limit the obligations of CONTRACTOR under this Agreement. CONTRACTOR expressly agrees not to use any statutory immunity defenses under such laws with respect to CITY, its employees, officials and agents. Sole proprietors with no employees, LLCs, or partnerships using the services of members or partners who do not carry workers' compensation acknowledge that they are not subject to the Workers' Compensation Act of the State of California and agree to complete a signed workers compensation exemption form.
6.04 Optional Insurance Coverage. Choose and check one: Required _ /Not Required ; Errors and omissions insurance in a minimum amount of $2 million per occurrence to cover any negligent acts or omissions committed by CONTRACTOR, its employees and/or agents in the performance of any Services for CITY.
6.05. Cyber Liability Insurance REQUIRED IF CHECKED HERE ONLY f ] (Technology Professional Liability — Errors and Omissions), with limits not less than $2,000,000 per occurrence or claim, and $2,000,000 aggregate or the full per occurrence limits of the policies available, whichever is greater. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by CONTRACTOR in this Agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, Page of 1893
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trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations. CONTRACTOR will file with DISTRICT, before beginning professional services, certificates of insurance (Acord Form 25 or equivalent) satisfactory to DISTRICT evidencing.
6.06. If Claims Made Policies (applies only to professional liability and cyber liability policies):
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the CONTRACTOR must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work.
7. General Conditions pertaining to Insurance Coverage
7.01 No liability insurance coverage provided shall prohibit CONTRACTOR from waiving the right of subrogation prior to a loss. CONTRACTOR waives all rights of subrogation against CITY regardless of the applicability of insurance proceeds and shall require all contractors and subcontractors to do likewise.
7.02. Prior to beginning the Services under this Agreement, CONTRACTOR shall furnish CITY with certificates of insurance, endorsements, and upon request, complete copies of all policies, including complete copies of all endorsements. All copies of policies and endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf.
7.03. All required policies shall be issued by a highly rated insurer with a minimum A.M. Best rating of "A:VII"). The insurer(s) shall be admitted and licensed to do business in California. The certificates of insurance hereunder shall state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice has been given to CITY.
7.04 Self-insurance does not comply with these insurance specifications.
CONTRACTOR acknowledges and agrees that that all insurance coverage required to be provided by CONTRACTOR or any subcontractor, shall apply first and on a primary, non- contributing basis in relation to any other insurance, indemnity or self-insurance available to CITY.
7.05 All coverage types and limits required are subject to approval, modification
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and additional requirements by CITY, as the need arises. CONTRACTOR shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect CITY's protection without CITY's prior written consent.
7.06 CONTRACTOR agrees to provide immediate notice to CITY of any claim or loss against CONTRACTOR or arising out of the Services performed under this Agreement. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.
8. Indemnification.
8.01 CONTRACTOR and CITY agree that CITY, its employees, agents and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, defense costs, court costs or any other costs arising out of or in any way related to the negligent performance of this Agreement by CONTRACTOR or any subcontractor or agent of either as set forth herein. Accordingly, the provisions of this indemnity are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to CITY.
CONTRACTOR acknowledges that CITY would not enter into this Agreement in the absence of the commitment of CONTRACTOR to indemnify and protect CITY as set forth herein.
a. To the fullest extent permitted by law, CONTRACTOR shall defend, indemnify and hold harmless CITY, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, damages or costs of any kind, whether actual, alleged or threatened, actual attorneys' fees incurred by CITY, court costs, interest, defense costs, including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of, or in any way attributable actually, allegedly or impliedly, in whole or in part to the negligent performance of this Agreement. CONTRACTOR's obligation to defend, indemnify and hold harmless shall include any and all claims, suits and proceedings in which CONTRACTOR (and/or CONTRACTOR's agents and/or employees) is alleged to be an employee of CITY. All obligations under this provision are to be paid by CONTRACTOR as they are incurred by CITY.
b. Without affecting the rights of CITY under any provision of this Agreement or this Section, CONTRACTOR shall not be required to indemnify and hold harmless CITY as set forth above for liability attributable solely to the fault of CITY, provided such fault is determined by agreement between the parties or the findings of a court of competent jurisdiction.
8A. Indemnification Design Professionals.
8A.01 In the event that CONTRACTOR is a design professional under California Civil Code Section 2782.8 this Section 8A shall apply instead of Section 8. To the fullest extent permitted by
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California law and in accordance with California Civil Code section 2782.8, CONTRACTOR shall indemnify, and hold harmless the City, its officers, employees, trustees and members ("Indemnified Parties") from any and all actions, assessments, counts, citations, claims, costs, damages, demands, judgments, liabilities (legal, administrative or otherwise), losses, notices, expenses, fines, penalties, proceedings, responsibilities, violations, attorney's and consultants' fees and causes of action including, but not limited to those for, injury to property or persons, including personal injury and/or death ("Claim(s)"), to the extent that the Claim(s) arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of CONTRACTOR, its directors, officials, officers, employees and consultants arising out of, connected with, or resulting from the performance of the Services, the Project, or this Agreement. This indemnity excludes liability caused by the negligence or willful misconduct of any of the Indemnified Parties.
The cost to indemnify, hold harmless, and defend charged to CONTRACTOR shall not exceed CONTRACTOR'S proportionate percentage of fault.
9. Additional Services, Changes and Deletions.
9.01 In the event CONTRACTOR performs additional or different services than those described herein without the prior written approval of the City Manager and/or City Council of CITY, CONTRACTOR shall not be compensated for such services.
CONTRACTOR expressly waives any right to be compensated for services and materials not covered by the scope of this Agreement or authorized by the CITY in writing.
9.02 CONTRACTOR shall promptly advise the City Manager and Finance Director of CITY as soon as reasonably practicable upon gaining knowledge of a condition, event or accumulation of events which may affect the scope and/or cost of Services. All proposed changes, modifications, deletions and/or requests for additional services shall be reduced to writing for review and approval by the CITY and/or City Council.
10. Termination of Agreement.
10.01 Notwithstanding any other provision of this Agreement, CITY, at its sole option, may terminate this Agreement with or without cause, or for no cause, at any time by giving twenty (20) days' written notice to CONTRACTOR.
10.02 In the event of termination, the payment of monies due CONTRACTOR for undisputed Services performed prior to the effective date of such termination shall be paid within thirty (30) business days after receipt of an invoice as provided in this Agreement.
Immediately upon termination, CONTRACTOR agrees to promptly provide and deliver to CITY all original documents, reports, studies, plans, specifications and the like which are in the possession or control of CONTRACTOR and pertain to CITY.
11. Status of CONTRACTOR.
11.01 CONTRACTOR shall perform the Services in CONTRACTOR's own way as an independent contractor, and in pursuit of CONTRACTOR's independent calling, and not as an employee of CITY. However, CONTRACTOR shall regularly confer with CITY's City Manager as provided for in this Agreement.
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11.02 CONTRACTOR agrees that it is not entitled to the rights and benefits afforded to CITY's employees, including disability or unemployment insurance, workers' compensation, retirement, Ca1PERS, medical insurance, sick leave, or any other employment benefit. CONTRACTOR is responsible for providing, at its own expense, disability, unemployment, workers' compensation and other insurance, training, permits, and licenses for itself and its employees and subcontractors.
11.03 CONTRACTOR hereby specifically represents and warrants to CITY that it possesses the qualifications and skills necessary to perform the Services under this Agreement in a competent, professional manner, without the advice or direction of CITY and that the Services to be rendered pursuant to this Agreement shall be performed in accordance with the standards customarily applicable to an experienced and competent professional rendering the same or similar services in the same geographic area where the CITY is located. Further, CONTRACTOR represents and warrants that the individual signing this Agreement on behalf of CONTRACTOR has the full authority to bind CONTRACTOR to this Agreement.
12. Ownership of Documents; Audit.
12.01 All draft and final reports, plans, drawings, studies, maps, photographs, specifications, data, notes, manuals, warranties and all other documents of any kind or nature prepared, developed or obtained by CONTRACTOR in connection with the performance of Services performed for the CITY shall become the sole property of CITY, and CONTRACTOR shall promptly deliver all such materials to CITY upon request. At the CITY's sole discretion, CONTRACTOR may be permitted to retain original documents, and furnish reproductions to CITY upon request, at no cost to CITY.
12.02 Subject to applicable federal and state laws, rules and regulations, CITY shall hold all intellectual property rights to any materials developed pursuant to this Agreement. CONTRACTOR shall not such use data or documents for purposes other than the performance of this Agreement, nor shall CONTRACTOR release, reproduce, distribute, publish, adapt for future use or any other purposes, or otherwise use, any data or other materials first produced in the performance of this Agreement, nor authorize others to do so, without the prior written consent of CITY.
12.03 CONTRACTOR shall retain and maintain, for a period not less than four years following termination of this Agreement, all-time records, accounting records and vouchers and all other records with respect to all matters concerning Services performed, compensation paid and expenses reimbursed. At any time during normal business hours and as often as CITY may deem necessary, CONTRACTOR shall make available to CITY's agents for examination all of such records and shall permit CITY's agents to audit, examine and reproduce such records.
13. Miscellaneous Provisions.
13.01 This Agreement, which includes all attached exhibits, supersedes any and all previous agreements, either oral or written, between the parties hereto with respect to
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the rendering of Services by CONTRACTOR for CITY and contains all of the covenants and agreements between the parties with respect to the rendering of such Services in any manner whatsoever. Any modification of this Agreement will be effective only if it is in writing signed by both parties.
13.02 CONTRACTOR shall not assign or otherwise transfer any rights or interest in this Agreement without the prior written consent of CITY. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement.
13.03 CONTRACTOR shall timely file FPPC Form 700 Conflict of Interest Statements with CITY if required by California law and/or the CITY's conflict of interest policy.
13.04 If any legal action or proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees and costs, in addition to any other relief to which that party may be entitled.
13.05 This Agreement is made, entered into and shall be performed in the County of Riverside in the State of California and shall in all respects be interpreted, enforced and governed under the laws of the State of California. The parties agree that venue in any litigation between them shall be in Riverside County, California.
13.06 CONTRACTOR covenants that neither it nor any officer or principal of its firm has any interest, nor shall they acquire any interest, either directly or indirectly, which will conflict in any manner or degree with the performance of their Services hereunder.
CONTRACTOR further covenants that in the performance of this Agreement, no person having such interest shall be employed by it as an officer, employee, agent, or subcontractor.
13.07 CONTRACTOR has read and is aware of the provisions of Section 1090 et seq. and Section 87100 et seq. of the Government Code relating to conflicts of interest of public officers and employees. CONTRACTOR agrees that they are unaware of any financial or economic interest of any public officer or employee of the CITY relating to this Agreement. It is further understood and agreed that if such a financial interest does exist at the inception of this Agreement, the CITY may immediately terminate this Agreement by giving notice thereof. CONTRACTOR shall comply with the requirements of Government Code section 87100 et seq. and section 1090 in the performance of and during the term of this Agreement.
13.08 Improper Consideration. CONTRACTOR shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to, cash, discounts, services, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the CITY in an attempt to secure favorable treatment regarding this Agreement or any contract awarded by CITY. The CITY, by notice, may immediately terminate this Agreement if it determines that any improper consideration as described in the preceding sentence was offered to any officer, employee or agent of the
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CITY with respect to the proposal and award process of this Agreement or any CITY contract. This prohibition shall apply to any amendment, extension or evaluation process once this Agreement or any CITY contract has been awarded. CONTRACTOR shall immediately report any attempt by any CITY officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from CONTRACTOR.
13.09 Severability. If any portion of this Agreement is declared invalid, illegal or otherwise unenforceable by a court of competent jurisdiction, the entire balance of this Agreement not so affected shall remain in full force and effect.
13.10 Prevailing Wages. If the Services include work performed during the design, site assessment, feasibility study, and other preconstruction phases of construction, including, but not limited to, inspection and land surveying work, regardless of whether any further construction work is conducted, and work performed during the post - construction phases of construction, CONTRACTOR shall be responsible to comply with applicable prevailing wages laws. As a condition of payment, CONTRACTOR shall show proof of payment of wages under applicable state and federal laws and regulations relating to prevailing wages in accordance with the "General Wage Determination Made By the Director of Industrial Relations Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1", for Riverside County and/or 40 U.S.C. Section 276a, et. seq. Such wage rates shall conform with those posted at DISTRICT offices and the project site. In the event that the CONTRACTOR fails to pay the prevailing wages, the CONTRACTOR shall be solely liable for penalties and for the shortfall in wages and shall indemnify, defend and hold harmless DISTRICT under Section 8.01 against any of the same. The following Labor Code sections are hereby referenced and made a part of this Agreement:
1. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates.
2. Section 1777.4 - Apprenticeship Requirements.
3. Section 1777.5 - Apprenticeship Requirements.
4. Section 1813 - Penalty for Failure to Pay Overtime.
5. Sections 1810 and 1811 - Working Hour Restrictions.
6. Section 1776 - Payroll Records.
7. Section 1773.8 - Travel and Subsistence Pay.
[signatures on following page]
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IN WITNESS WHEREOF, the parties hereby have made and executed this Agreement to be effective as of the day and year first above written.
CITY:
CITY OF BEAUMONT
By:
Mike Lara, City Mayor
Date:
ATTEST:
CONTRACTOR:
By:
Print Name: May Lau
Title: Principal
By:
Nicole Wheelwright, Deputy City Clerk Date:
8/22/25
Date:
APPROVED AS TO FORM:
By:
John O. Pinkney, City Attorney
Date:
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EXHIBIT "A"
PROPOSAL
(insert behind this page)
RINCON RINCON
CONSULTANTS
August 13, 2025
Rincon Project No. 25-18136
Thaxton Van Belle, Director of Water Reclamation
City of Beaumont
Wastewater Department
550 East 6th Street
Beaumont, California 92223
Via email: [email protected]
Rincon Consultants, Inc.
250 East 1st Street, Suite 1400
Los Angeles, California 90012
213-788-4842
Subject: Proposal to Provide Permit Compliance Services for the Sanitary Sewer Overflow Project; Beaumont, California
Dear Mr. Van Belle:
Rincon Consultants, Inc. (Rincon) appreciates the opportunity to submit this proposal to the City of Beaumont (City) to provide permit compliance services to the City of Beaumont in support of the Sanitary Sewer Overflow Project (Project). This proposal outlines tasks that are required or may be required under the Statewide General Waste Discharge Requirements (WDR) for Dredge or Fill Emergency Repair and Protection Activities, which has yet to be authorized by the Santa Ana Regional Water Quality Control Board (RWQCB). Rincon does not anticipate any mitigation requirements from the California Department of Fish and Wildlife. Specifically, this proposal includes a project status notification (Task 1), a task to prepare a restoration and monitoring plan that addresses revegetation of the impacted Project site (Task 2), a restoration implementation task (Task 3), an annual reporting task (Task 4), and a task for project management and administration (Task 5). It is our understanding that only tasks required by the RWQCB as part of their approval process will be authorized by the City.
The scope of work is provided below and the cost breakdown is provided in Table 1.
Scope of Work
Task 1 Project Status Notification
Rincon will prepare a Project Status Notification letter report in accordance with Emergency WDR condition VI.G.2. The Project Status Notification will include the following:
• Status of Construction Stormwater General Permit Notice of Termination(s), if applicable • Status of post -construction stormwater best management practices (BMP) installation • Pre- and post -photo documentation of all Project activity sites where the discharge of dredge or fill/excavation was authorized
• Summary of discharge quantities compared to initial authorized impacts to waters of the state, if applicable
• Description of any project modifications and documentation of Water Board approval of such modifications
• An updated monitoring schedule for restoration of temporary impacts to waters of the state and Enrollee responsible compensatory mitigation during the post -discharge monitoring period, if applicable
www.rinconconsultants.com
City of Beaumont
Proposal to Provide Permit Compliance Services for the Sanitary Sewer Overflow Project Task 2 Habitat Restoration and Monitoring Plan
Per section VI.E.1 of the Emergency WDRs, enrollees must restore temporary impacts to pre -project conditions as soon as practicable. Additionally, Section VI.E.2 states that enrollees may be required to submit a restoration plan that describes the actions required to restore areas of temporary impacts to pre -project conditions. If required by the RWQCB, Rincon will prepare a habitat restoration and monitoring plan that outlines the implementation, assessment, and maintenance methodologies for restoring the Project's temporary impact areas to pre -project conditions. For the purposes of this proposal, Rincon assumes that the RWQCB will require the worst -case restoration requirements scenario, which is inclusive of five years of restoration site maintenance and monitoring. However, the actual level of maintenance and monitoring and subsequent level of detail within the restoration plan will reflect the final permit requirements. Only the time and materials needed under this task will be invoiced.
Task 3 Restoration Implementation
Restoration will be implemented according to final permit requirements and the Project's Habitat Restoration and Monitoring Plan. However, for the purposes of this proposal, it is assumed that the restoration site will encompass the Project's temporary impacts to waters of the State and the RWQCB will require five years of site maintenance and monitoring.
Restoration implementation will consist of two components. The first component involves restoration installation and maintenance, and the second component involves the restoration monitoring and reporting program. Each component is broken out into the subtasks below.
Task 3.1 Restoration Installation
Restoration installation will proceed upon completion of restoration site recontouring and decompaction (if not already completed and necessary) to be performed by the construction contractor. Restoration installation will occur at the onset of the rainy season (late fall or early winter), and will be conducted by a restoration contractor and overseen by a Rincon ecologist/biologist.
Revegetation will be conducted in accordance with the Project's restoration plan. However, for the purposes of this proposal, it is assumed that plant installation will consist of site scarification, cuttings installation, and direct seeding. Rincon will coordinate acquisition of the native restoration seed and will harvest the cuttings locally. No hydromulching or irrigation installation will occur. It is assumed that restoration will occur over the course of one 12 -hour day. If restoration can be done by Rincon rather than a restoration contractor, only time incurred will be billed.
Task 3.2 Restoration Maintenance
Site maintenance will upkeep the restoration site and keep it on track to meet the success criteria identified within the Project's restoration plan. It will consist primarily of non-native plant eradication and erosion control BMP maintenance to be conducted by Rincon or a restoration contractor. The site maintenance phase will begin immediately following installation and will extend until the end of the maintenance and monitoring period, which for the purposes of this proposal is assumed to be five years. The actual number of maintenance visits will be a result of restoration site conditions (e.g., the presence of invasive species, erosion following heavy rainstorms) and will be limited to the extent feasible. However, for the purposes of this proposal, it is assumed that each visit will occur over the course of one 10 -hour day and that they will take place once per month during the heart of the growing season (March through June) and once during the dormant season (July through February) for the first three years and will tailor back to 3 visits per year for years four through five, for a total of 21 site visits. 2
City of Beaumont
Proposal to Provide Permit Compliance Services for the Sanitary Sewer Overflow Project Task 3.2 Restoration Monitoring
A Rincon restoration specialist will collect and evaluate data indicating the relationship between actual site -specific restoration conditions and the Project's required success criteria. The restoration specialist will conduct general monitoring visits and annual biological data collection visits based on the final mitigation and monitoring schedule. General monitoring visits will be conducted concurrently with maintenance visits when feasible. If the general monitoring visits do not occur concurrently with the maintenance visits, the results will be coordinated with the restoration contractor following that visit. General monitoring will evaluate plant health and provide information regarding non-native plant eradication, erosion control BMP maintenance, supplemental watering and other potential maintenance needs. Permanent photo points will be established throughout the restoration site to assist in tracking the success of the restoration project. Biological data collection will entail the collection of quantitative data that will provide an assessment of the site's vegetative cover of restored native habitat to use as a comparison to the Project's final success criteria. Large storm events that damage the mitigation site may require additional monitoring. Rincon will rely on the restoration contractor or the City to inspect the site following such storm events and will coordinate through remote means following their visit. If the storm event warrants an additional site visit by the restoration specialist, an additional scope of work and cost estimate will be required. The methods and results of each year's restoration monitoring visits will be compiled and submitted as a part of Task 4.
Restoration monitoring will occur during installation and occur once per month during the plant establishment period (the first three months) and will be followed by quarterly visits for the remaining duration of the first three years; years four through five will be monitored semi-annually, for a total of 18 visits. Each restoration monitoring visit and corresponding monitoring log will take place over the course of one 10 -hour day.
Task 4 Annual Reports
Annual reports will be prepared according to final Emergency WDR conditions; they will summarize Project and restoration implementation activities conducted that year (when applicable), the maintenance and monitoring activities, and the status of the compensatory mitigation for permanent impacts (if applicable). The maintenance and monitoring section will include a list of the maintenance activities conducted at the site that year, the monitoring methods and results, a summary of the restoration sites' progress and setbacks, and any remedial measures undertaken or still required to keep the site on track to meet its final success criteria. An as -built map of the restoration site, photographs from the established photo points, and monitoring logs will be included as attachments.
The annual reports will be submitted to the RWQCB each year on the anniversary of the date the project was enrolled under the Emergency WDR. With the assumption that the final success criteria have been met at the end of the five-year monitoring period, the year five annual report will also serve as the Notice of Completion. Up to 24 hours of staff time is included to prepare each annual report.
Task 5 Project Management and Administration
This task includes general coordination and management of Rincon's project team to execute the work program efficiently. More specifically, this task includes time for team management and oversight, monthly invoicing and financial management, and advising on other minor questions and items that may be raised by City. Up to $15,105 is budgeted under this task for up to five years of the Project duration.
3
City of Beaumont
Proposal to Provide Permit Compliance Services for the Sanitary Sewer Overflow Project Assumptions
• Pre -construction biological surveys or biological monitoring will not be required. • No modifications to the Project's current project description will occur. • The construction contractor or the City will be responsible for taking the pre- and post -construction photographs required for the Project Status Notification. • The construction contractor will be responsible for mapping the final disturbance footprint with a GPS device that is capable of submeter accuracy.
• The Project's construction contractor will be responsible for recontouring the restoration site and for decompaction in the event the soil is heavily compacted. • The restoration site will be the temporary impact footprint to non -wetland waters of the State identified in the Notice of Intent.
• Offsite compensatory mitigation may be required for the Project's permanent impacts, which is excluded from this scope of work and budget. Credits purchased at a mitigation bank can range from $200,000-$400,000 per acre.
• The cost of native seed is excluded from the budget typically ranges from $50/pound to $1,000/pound.
• Five years of maintenance and monitoring will be required. • The City will be responsible for conducting post -storm inspections of the restoration site. • Rincon will not be responsible for covering the cost of seed; it will be paid for directly by the City.
The cost of native seed typically ranges from $50/Ib. to $1,000/lb. • Cuttings stock will be harvested in the adjacent vicinity of the restoration site. • No access constraints will prevent Rincon from conducting maintenance and monitoring of the restoration site.
• The RWQCB will not require monthly reporting.
• The last annual monitoring report will serve as the Emergency WDR Notice of Completion. • Rincon assumes that no more than one round of review from the City will be needed for each deliverable. Revisions are expected to be relatively minor. If substantial agency revisions are needed, they can be completed under separate scope and cost.
Cost
Our budget to complete this scope of work, including labor and reimbursable expenses, will be approximately $145,896 as shown in Table 1. Services will be billed on a time and materials basis in accordance with the fee schedule provided in accordance with Rincon's 2025 standard fee schedule (Attachment 1). Rincon is prepared to begin work immediately following receipt of authorization to proceed under our existing Professional Services Agreement. 4
City of Beaumont
Proposal to Provide Permit Compliance Services for the Sanitary Sewer Overflow Project Table 1 Cost Estimate by Task
Task
Estimated Cost
Task 1 Project Status Notification
$2,852
Task 2 Habitat Restoration and Monitoring Plan
$9,672
Task 3 Restoration Implementation
$90,694
Task 3.1. Restoration Installation
$2,380
Task 3.2 Restoration Maintenance
$37,142
Task 3.3 Restoration Monitoring
$51,172
Task 4 Annual Reports
$27,573
Task 5 Project Management and Administration $15,105
Total
$145,896
Thank you for your consideration and for this opportunity to support your project. If you have any questions regarding this proposal, please contact Casey Clark at 805-644-4455 or [email protected] or May Lau at 310-736-0529 or [email protected].
Sincerely,
Rincon Consultants, Inc.
W
May Lau
Principal
Casey Clark
Senior Biologist/Restoration Ecologist
Attachments
Attachment 1 Rincon's 2025 Fee Schedule
5
Attachment 1
Rincon's 2025 Fee Schedule
Rincon Consultants, Inc.
Standard Fee Schedule for Environmental Sciences and Planning Services Professional, Technical and Support Personnel* January 1, 2025 - December 31, 2025 Senior Principal
$330
Principal
$318
Director
$318
Senior Supervisor II
$302
Supervisor I
$282
Senior Professional II
$264
Senior Professional I
$246
Professional IV
$218
Professional III
$203
Professional II
$180
Professional I
$160
Associate III
$135
Associate II
$121
Associate I
$113
Field Technician
$97
Technical Editor
$152
Project Accountant
$129
Billing Specialist
Publishing Specialist
$124
Clerical
$111
* Professional classifications include environmental scientists, urban planners, biologists, geologists, marine scientists, GI-IG verifiers, sustainability experts, cultural resources experts, data technolog/ experts, and other professionals. Expert witness services consisting of depositions or in -court testimony are charged at the hourly rate of $400.
Reimbursable Expenses
Direct Cost Rates
Photocopies - B/W
$0.25 (single -sided), $0.45 (double -sided)
Photocopies - Color
$1.55 (single -sided), $3.10 (double -sided)
Photocopies - 11" by 17"
$0.55 (B/W), $3.40 (color)
Oversized Maps
$8.50/square foot
Digital Production
$15/CD, $20/flash drive
Light -Duty and Passenger Vehicles* $90/day
4WD and Off -Road Vehicles* $150/day
* Current IRS mileage rate for mileage over 50 and for all miles incurred in employee -owned vehicles.
Direct Costs. Other direct costs associated with the execution of a project, that are not included in the hourly rates above, are billed at cost plus 16%. These may include, but are not limited to, laboratory and drilling services, subcontractor services, authorized travel expenses, permit charges and filing fees, mailings and postage, performance bonds, sample handling and shipment, rental equipment, and vehicles other than covered by the above charges.
Annual Escalation. Standard rates subject to 3.5% annual escalation, on January 1.
Payment Terms. All fees will be billed to Client monthly and shall be due and payable upon receipt or as indicated in the contract provisions for the assignment. Invoices are delinquent if not paid within 10 days from receipt or per the contractually required payment terms.
Effective January 1, 2025
Equipment
Rincon Consultants, Inc.
Rate
Environmental Site Assessment
Soil Vapor Extraction Monitoring Equipment
$160
Four Gas Monitor
$137
Flame Ionization Detector
$110
Photo Ionization Detector
$82
Hand Auger Sampler
$62
Water Level Indicator, DC Purge Pump
$46
CAPDash
$7,500
Natural Resources Field Equipment
UAS Drone
$300
Spotting or Fiberoptic Scope
$170
Pettersson Bat Ultrasound Detector/Recording Equipment $170 Sound Level Metering Field Package (Anemometer, Tripod and Digital Camera) $113 GPS (Submeter Accuracy)
$67
Infrared Sensor Digital Camera or Computer Field Equipment $57 Scent Station
$23
Laser Rangefinder/Altitude
$11
Pitfall Traps, Spotlights, Anemometer, GPS Units, Sterilized Sample Jar $9 Mammal Trap, Large/Small $1.55/$0.55
Water and Marine Resources Equipment
Boat (20 -foot Boston Whaler or Similar) $800
Multiparameter Sonde (Temperature, Conductivity, Turbidity, DO, pH) with GPS Water Quality Equipment (DO, pH, Turbidity, Refractometer, Temperature) Refractometer (Salinity) or Turbidity Meter
$170
$62
$38
Large Block Nets $114
Minnow Trap $98
Net, Hand/Large Seine $57
Field Equipment Packages
Standard Field Package (Digital Camera, GPS, Thermometer, Binoculars, Tablet, Safety Equipment, $114 and Botanic Collecting Equipment)
Remote Field Package (Digital Camera, GPS, Thermometer, Binoculars, Tablet and Mifi, Delorme $144 Satellite Beacon, 24 -Hour Safety Phone)
Amphibian/Vernal Pool Field Package (Digital Camera, GPS, Thermometer, Decon Chlorine, $170 Waders, Float Tube, Hand Net, Field Microscope)
Fisheries Equipment Package (Waders, Wetsuits, Dip Nets, Seine Nets, Bubblers, Buckets) Underwater and Marine Sampling Gear (Photo/Video Camera, Scuba Equipment [Tanks, BCD, Regulators, Wetsuits, etc.])
$57
$57/diver
Marine Field Package (Personal Flotation Devices, 100 -foot Reel Tapes with Stainless Carabiners, Pelican Floats, Underwater Slates, Thermometer, Refractometer, Anemometer, Various Field Guides)
$100
Insurance, Hazard, and Fees
Historic Research Fees $55
L&H Dive Insurance $57/diver
Level C Health and Safety $70/person
Effective January 1, 2025
C25-21
EXHIBIT "B"
CERTIFICATES OF INSURANCE AND ENDORSEMENTS
(insert behind this page)
ACORO® CERTIFICATE OF LIABILITY INSURANCE
L------ 2/1/2026
DATE(MM/DD/YYYY)
8/22/2025
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER Lockton Companies, LLC
DBA Lockton Insurance Brokers, LLC in CA
CA license #0F 15767
8110 E Union Ave., Ste. 100
Denver CO 80237
[email protected]
CONTACT
NAME:
PHONE FAX
(A/C. No, Ext): (A/C, No):
E-MAIL
ADDRESS:
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER A : Illinois Union Insurance Company
27960
INSURED Rincon Consultants, Inc.
1462718 180 N Ashwood Ave.
Ventura CA 93003
INSURER B : Hartford Fire Insurance Company
19682
INSURER C : Palomar Excess and Surplus Insurance Co.
16754
INSURER D : Starstone National Insurance Company
25496
INSURER E :
INSURER F :
COVERAGES
CERTIFICATE NUMBER: 22319774
REVISION NUMBER:
XXXXXXX
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR POLICY
TYPE OF INSURANCE
INSD
WVD
POLICY NUMBER
EFF
(MMIDD/YYYY)
POLICY EXP
(MM/DD/YYYY)
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
Y
Y
G48968181 001
2/1/2025
2/1/2026
EACH OCCURRENCE
$ 4,000,000
CLAIMS -MADE
X
OCCUR
DAMAGE RETE
PREMISESO(Ea occur ence)
$ 100,000
X
SIR: $50,000
MED EXP (Any one person)
$ 10,000
PERSONAL & ADV INJURY
$ 4,000,000
X
P&I
GEN'L
AGGREGATE
X
LIMIT APPLIES
'e T
PER:
LOC
GENERAL AGGREGATE
$ 4,000
PRODUCTS - COMP/OP AGG
$ 4,000,000
$
B
AUTOMOBILE
X
X
LIABILITY
ANY AUTO
OWNED
X
SCHEDULED
AUTOS
NON -OWNED
AUTOS ONLY
N
Y
72LENOL5481
2/1/2025
2/1/2026
COMBINED SINGLE LIMIT
(Ea accident)
$ 1,000,000
BODILY INJURY (Per person)
$ XXXXXXX
BODILY INJURY (Per accident)
$ XXXXXXX
PROPERTY DAMAGE
(Per accident)
$ XXXXXXX
Comp./Coll. Ded
$ 1,000
A
C
x
UMBRELLA LIAB
EXCESS LIAB
X
OCCUR
CLAIMS -MADE
N
N
G48968193 001
CEEXP-25-0000094-00
2/1/2025
2/1/2025
2/1/2026
2/1/2026
EACH OCCURRENCE
$ 10,000,000
AGGREGATE
$ 10,000,000
$ XXXXXXX
DED
X
RETENTION $ 10,000
D
D
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y / N
N
N / A
Y
T10250329 (AOS)
T1025 1 427 FL)
2/1/2025
2/1/2025
2/1/2026
2/1/2026
,
PER
STATUTE
OTH-
ER
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
A
Contractors Pollution Liab
E&O Liab.
Cyber
N
N
G48968181 001
2/1/2025
2/1/2026
$4M/$4M
$4M Ea. occ./$4M Agg.
Retro Date: 12/9/1994
See Description
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Effective 8/1/2025 - 2/1/2027, Cyber $5M Limit, $25K Deductible, Can-ier: Houston Casualty Company, AMBest rating (A++XV), Policy #: H25NGP224923-02; Cyber Excess $5M x $5M Limit, Carrier: Corvus Insurance, AMBest rating (A++), Policy #: CXS-107946155-01 RE: Project: 25-18136 Sanitary Sewer Overflow Mitigation **** Continued ****
CERTIFICATE HOLDER
22319774
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
CANCELLATION See Attachments
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
© 1988-20X5 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD nameFt g3e0 ii 3I marks of ACORD
CONTINUATION DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS (Use only if more space is required) City of Beaumont, its officials, employees and agents are included as Additional Insured as respects General Liability if required by written contract. Waiver of Subrogation applies in favor of the Additional Insured as respects General Liability, Auto Liability, and Workers Comp if required by written contract, where permissible by law. If any coverage is cancelled by the issuing company during the policy term, for other than non-payment of premium, 30 days' notice will be provided to the Certificate Holder named below and 10 days' notice for non-payment of premium. Coverages are Primary and Non - Contributory.
ACORD 25 (2016/03)
Certificate Holder ID: 22319774
Attachment Code: D563840 Certificate ID: 22319774
Policy Number: G48968181 001: Effective Date:2/1/2025-2/1/2026 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -
SCHEDULED PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or
Organization(s):
Location(s) of Covered Operations
Blanket when specifically required in a written contract with the named insured.
Blanket when specifically required in a
written contract with the named insured.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section III — Who Is An Insured within the Common
Provisions is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" cause, in
whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the
additional insured(s) at the location(s) designated above.
E N 0321-0211
With respect to the insurance afforded to these additional insureds, the following additional exclusions apply:
This insurance does not apply to "bodily injury" or
"property damage" occurring after:
1. All work, including materials, parts or equipment
furnished in connection with such work, on the project
(other than service, maintenance or repairs) to be
performed by or on behalf of the additional insured(s)
at the location of the covered operations has been
completed; or
2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by
any person or organization other than another
contractor or subcontractor engaged in performing
operations for a principal as a part of the same
project.
Attachment Code: D563841 Certificate ID: 22319774
Policy Number: G48968181 001 : Effective Date: 2/1/2025-2/1/2026 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -
COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Additional Person(s) or Organization(s):
Location And Description Of Completed Operations
Blanket when specifically required in a written contract with the named insured.
Blanket when specifically required in a written
contract with the named insured.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section III — Who Is An Insured within the
Common Provisions is amended to include as an
insured the person(s) or organization(s) shown in the
Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that
additional insured and included in the
"products -completed operations hazard".
EN0320-0211
Attachment Code: D563842 Certificate ID: 22319774
Policy Number: G48968181 001 : Effective Date: 2/1/2025-2/1/2026 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED
WITH WAIVER OF SUBROGATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
CONTRACTORS POLLUTION LIABILITY COVERAGE PART
ERRORS AND OMISSIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) or Organization(s) Blanket when specifically required in a written contract with the named insured.
A. SECTION III - WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but only with respect to liability arising out of "your work" for that person or organization performed by you, or by those acting on your behalf.
B. As respects additional insureds as defined above, this insurance also applies to "bodily injury" or "property damage" arising out of your negligence when the following written contract requirements are applicable:
1. Coverage available under this coverage part shall apply as primary insurance. Any other insurance available to these additional insureds shall apply as excess and not contribute as primary to the insurance afforded by this endorsement.
2. We waive any right of recovery we may have against the person(s) or organization(s) indicated in the Schedule shown above because of payments we make for injury or damage arising out of "your work" performed under a written contract with that person(s) or organization(s).
3. The term "additional insured" is used separately and not collectively, but the inclusion of more than one "additional insured" shall not increase the limits or coverage provided by this insurance.
This Endorsement does not reinstate or increase the Limits of Insurance applicable to any "claim" to which the coverage afforded by this Endorsement applies.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
EN0147-1111
Attachment Code: D563844 Certificate ID: 22319774
Policy Number: 72UENOL5481
Policy Term: 2/1/2025 to 2/1/2026
COMMERCIAL AUTOMOBILE
HA 99 16 03 12
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL AUTOMOBILE BROAD FORM
ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply.
1. BROAD FORM INSURED
A. Subsidiaries and Newly Acquired or
Formed Organizations
The Named Insured shown in the
Declarations is amended to include:
(1) Any legal business entity other than a
partnership or joint venture, formed as a
subsidiary in which you have an
ownership interest of more than 50% on
the effective date of the Coverage Form.
However, the Named Insured does not
include any subsidiary that is an
"insured" under any other automobile
policy or would be an "insured" under
such a policy but for its termination or
the exhaustion of its Limit of Insurance.
(2) Any organization that is acquired or
formed by you and over which you
maintain majority ownership. However,
the Named Insured does not include any
newly formed or acquired organization:
(a) That is a partnership or joint
venture,
(b) That is an "insured" under any other
policy,
(c) That has exhausted its Limit of
Insurance under any other policy, or
(d) 180 days or more after its
acquisition or formation by you,
unless you have given us notice of
the acquisition or formation.
Coverage does not apply to "bodily
injury" or "property damage" that results
from an "accident" that occurred before
you formed or acquired the organization.
B. Employees as Insureds
Paraaranh A.1. - WHO IS AN INSURED - of
SECTION II - LIABILITY COVERAGE is
amended to add:
d. Any "employee" of yours while using a
covered "auto" you don't own, hire or
borrow in your business or your
personal affairs.
C. Lessors as Insureds
Paragraph A.1. - WHO IS AN INSURED - of
Section II - Liability Coverage is amended to
add:
e. The lessor of a covered "auto" while the
"auto" is leased to you under a written
agreement if:
(1) The agreement requires you to
provide direct primary insurance for
the lessor and
(2) The "auto" is leased without a driver.
Such a leased "auto" will be considered a
covered "auto" you own and not a covered
"auto" you hire.
D. Additional Insured if Required by Contract
(1) Paragraph A.1. - WHO IS AN INSURED
- of Section II - Liability Coverage is
amended to add:
f. When you have agreed, in a written
contract or written agreement, that a
person or organization be added as
an additional insured on your
business auto policy, such person or
organization is an "insured", but only
to the extent such person or
organization is liable for "bodily
injury" or "property damage" caused
by the conduct of an "insured" under
paragraphs a. or b. of Who Is An
Insured with regard to the
ownership, maintenance or use of a
covered "auto."
Form HA 99 16 03 12
© 2011, The Hartford (Includes copyrighted material
of ISO Properties, Inc., with its permission.)
Attachment Code: D563844 Certificate ID: 22319774
The insurance afforded to any such
additional insured applies only if the
"bodily injury" or "property damage"
occurs:
(1) During the policy period, and
(2) Subsequent to the execution of such
written contract, and
(3) Prior to the expiration of the period
of time that the written contract
requires such insurance be provided
to the additional insured.
(2) How Limits Apply
If you have agreed in a written contract
or written agreement that another
person or organization be added as an
additional insured on your policy, the
most we will pay on behalf of such
additional insured is the lesser of:
(a) The limits of insurance specified in
the written contract or written
agreement; or
(b) The Limits of Insurance shown in
the Declarations.
Such amount shall be a part of and not
in addition to Limits of Insurance shown
in the Declarations and described in this
Section.
(3) Additional Insureds Other Insurance
If we cover a claim or "suit" under this
Coverage Part that may also be covered
by other insurance available to an
additional insured, such additional
insured must submit such claim or "suit"
to the other insurer for defense and
indemnity.
However, this provision does not apply
to the extent that you have agreed in a
written contract or written agreement
that this insurance is primary and non-
contributory with the additional insured's
own insurance.
(4) Duties in The Event Of Accident, Claim,
Suit or Loss
If you have agreed in a written contract
or written agreement that another
person or organization be added as an
additional insured on your policy, the
additional insured shall be required to
comply with the provisions in LOSS
CONDITIONS 2. - DUTIES IN THE
EVENT OF ACCIDENT, CLAIM , SUIT
OR LOSS - OF SECTION IV -
BUSINESS AUTO CONDITIONS, in the
same manner as the Named Insured.
E. Primary and Non -Contributory if
Required by Contract
Only with respect to insurance provided to
an additional insured in 1.D. - Additional
Insured If Required by Contract, the
following provisions apply:
(3) Primary Insurance When Required By
Contract
This insurance is primary if you have
agreed in a written contract or written
agreement that this insurance be
primary. If other insurance is also
primary, we will share with all that other
insurance by the method described in
Other Insurance 5.d.
(4) Primary And Non -Contributory To Other
Insurance When Required By Contract
If you have agreed in a written contract
or written agreement that this insurance
is primary and non-contributory with the
additional insured's own insurance, this
insurance is primary and we will not
seek contribution from that other
insurance.
Paragraphs (3) and (4) do not apply to other
insurance to which the additional insured
has been added as an additional insured.
When this insurance is excess, we will have no
duty to defend the insured against any "suit" if
any other insurer has a duty to defend the
insured against that "suit". If no other insurer
defends, we will undertake to do so, but we will
be entitled to the insured's rights against all
those other insurers.
When this insurance is excess over other
insurance, we will pay only our share of the
amount of the loss, if any, that exceeds the sum
of:
(1) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(2) The total of all deductible and self -insured
amounts under all that other insurance.
We will share the remaining loss, if any, by the
method described in Other Insurance 5.d.
2. AUTOS RENTED BY EMPLOYEES
Any "auto" hired or rented by your "employee"
on your behalf and at your direction will be
considered an "auto" you hire.
The OTHER INSURANCE Condition is amended
by adding the following:
Form HA 99 16 03 12
© 2011, The Hartford (Includes copyrighted material
of ISO Properties, Inc., with its permission.)
Attachment Code: D563844 Certificate ID: 22319774
If an "employee's" personal insurance also
applies on an excess basis to a covered "auto"
hired or rented by your "employee" on your
behalf and at your direction, this insurance will
be primary to the "employee's" personal
insurance.
3. AMENDED FELLOW EMPLOYEE EXCLUSION
EXCLUSION 5. - FELLOW EMPLOYEE - of
SECTION II - LIABILITY COVERAGE does not
apply if you have workers' compensation
insurance in -force covering all of your
"employees".
Coverage is excess over any other collectible
insurance.
4. HIRED AUTO PHYSICAL DAMAGE
COVERAGE
If hired "autos" are covered "autos" for Liability
Coverage and if Comprehensive, Specified
Causes of Loss, or Collision coverages are
provided under this Coverage Form for any
"auto" you own, then the Physical Damage
Coverages provided are extended to "autos" you
hire or borrow, subject to the following limit.
The most we will pay for "loss" to any hired
"auto" is:
(1) $100,000;
(2) The actual cash value of the damaged or
stolen property at the time of the "loss"; or
(3) The cost of repairing or replacing the
damaged or stolen property,
whichever is smallest, minus a deductible. The
deductible will be equal to the largest deductible
applicable to any owned "auto" for that
coverage. No deductible applies to "loss" caused
by fire or lightning. Hired Auto Physical Damage
coverage is excess over any other collectible
insurance. Subject to the above limit, deductible
and excess provisions, we will provide coverage
equal to the broadest coverage applicable to any
covered "auto" you own.
We will also cover loss of use of the hired "auto"
if it results from an "accident", you are legally
liable and the lessor incurs an actual financial
loss, subject to a maximum of $1000 per
"accident".
This extension of coverage does not apply to
any "auto" you hire or borrow from any of your
"employees", partners (if you are a partnership),
mamharc (if vni I ara a limitari liahility emmnanvl
5. PHYSICAL DAMAGE - ADDITIONAL
TEMPORARY TRANSPORTATION EXPENSE
COVERAGE
Paragraph A.4.a. of SECTION III - PHYSICAL
DAMAGE COVERAGE is amended to provide a
limit of $50 per day and a maximum limit of
$1,000.
6. LOAN/LEASE GAP COVERAGE
Under SECTION III - PHYSICAL DAMAGE
COVERAGE, in the event of a total "loss" to a
covered "auto", we will pay your additional legal
obligation for any difference between the actual
cash value of the "auto" at the time of the "loss"
and the "outstanding balance" of the loan/lease.
"Outstanding balance" means the amount you
owe on the loan/lease at the time of "loss" less
any amounts representing taxes; overdue
payments; penalties, interest or charges
resulting from overdue payments; additional
mileage charges; excess wear and tear charges;
lease termination fees; security deposits not
returned by the lessor; costs for extended
warranties, credit life Insurance, health, accident
or disability insurance purchased with the loan or
lease; and carry-over balances from previous
loans or leases.
7. AIRBAG COVERAGE
Under Paragraph B. EXCLUSIONS - of
SECTION I II - PHYSICAL DAMAGE
COVERAGE, the following is added:
The exclusion relating to mechanical breakdown
does not apply to the accidental discharge of an
airbag.
8. ELECTRONIC EQUIPMENT - BROADENED
COVERAGE
a. The exceptions to Paragraphs B.4 -
EXCLUSIONS - of SECTION I I I - PHYSICAL
DAMAGE COVERAGE are replaced by the
following:
Exclusions 4.c. and 4.d. do not apply to
equipment designed to be operated solely
by use of the power from the "auto's"
electrical system that, at the time of "loss",
is:
(1) Permanently installed in or upon
the covered "auto";
(2) Removable from a housing unit
which is permanently installed in
or upon the covered "auto";
An integral part of the same unit
housing any electronic
equipment described in
Paranranhs (11 and (21 ahnva• nr
(3)
Form HA 99 16 03 12
© 2011, The Hartford (Includes copyrighted material
of ISO Properties, Inc., with its permission.)
Attachment Code: D563844 Certificate ID: 22319774
(4) Necessary for the normal
operation of the covered "auto" or
the monitoring of the covered
"auto's" operating system.
b.Section I I I — Version CA 00 01 03 10 of the
Business Auto Coverage Form, Physical
Damage Coverage, Limit of Insurance,
Paragraph C.2 and Version CA 00 01 10 01 of
the Business Auto Coverage Form, Physical
Damage Coverage, Limit of Insurance,
Paragraph C are each amended to add the
following:
$1,500 is the most we will pay for "loss" in
any one "accident" to all electronic
equipment (other than equipment designed
solely for the reproduction of sound, and
accessories used with such equipment)
that reproduces, receives or transmits
audio, visual or data signals which, at the
time of "loss", is:
(1) Permanently installed in or upon
the covered "auto" in a housing,
opening or other location that is not
normally used by the "auto"
manufacturer for the installation of
such equipment;
(2) Removable from a permanently
installed housing unit as described
in Paragraph 2.a. above or is an
integral part of that equipment; or
(3) An integral part of such equipment.
c.For each covered "auto", should loss be limited
to electronic equipment only, our obligation to
pay for, repair, return or replace damaged or
stolen electronic equipment will be reduced by
the applicable deductible shown in the
Declarations, or $250, whichever deductible is
less.
9. EXTRA EXPENSE BROADENED
COVERAGE
Under Paragraph A. - COVERAGE - of SECTION
III - PHYSICAL DAMAGE COVERAGE, we will
pay for the expense of returning a stolen covered
"auto" to you.
10. GLASS REPAIR - WAIVER OF DEDUCTIBLE
Under Paragraph D. - DEDUCTIBLE - of SECTION
I I I - PHYSICAL DAMAGE COVERAGE, the
following is added:
No deductible applies to glass damage if the
glass is repaired rather than replaced.
11. TWO OR MORE DEDUCTIBLES
Under Paragraph D. - DEDUCTIBLE - of SECTION
I I I - PHYSICAL DAMAGE COVERAGE, the
following is added:
If another Hartford Financial Services Group,
Inc. company policy or coverage form that is not
an automobile policy or coverage form applies to
the same "accident", the following applies:
(1) If the deductible under this Business Auto
Coverage Form is the smaller (or smallest)
deductible, it will be waived;
(2) If the deductible under this Business Auto
Coverage Form is not the smaller (or
smallest) deductible, it will be reduced by
the amount of the smaller (or smallest)
deductible.
12. AMENDED DUTIES IN THE EVENT OF
ACCIDENT, CLAIM, SUIT OR LOSS
The requirement in LOSS CONDITIONS 2.a. -
DUTIES IN THE EVENT OF ACCIDENT,CLAIM,
SUIT OR LOSS - of SECTION IV - BUSINESS
AUTO CONDITIONS that you must notify us of
an "accident" applies only when the "accident" is
known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) A member, if you are a limited liability
company; or
(4) An executive officer or insurance manager, if
you are a corporation.
13. UNINTENTIONAL FAILURE TO DISCLOSE
HAZARDS
If you unintentionally fail to disclose any hazards
existing at the inception date of your policy, we
will not deny coverage under this Coverage
Form because of such failure.
14. HIRED AUTO - COVERAGE TERRITORY
Paragraph e. of GENERAL CONDITIONS 7. -
POLICY PERIOD, COVERAGE TERRITORY -
of SECTION IV - BUSINESS AUTO
CONDITIONS is replaced by the following:
e. For short-term hired "autos", the coverage
territory with respect to Liability Coverage is
anywhere in the world provided that if the
"insured's" responsibility to pay damages for
"bodily injury" or "property damage" is
determined in a "suit," the "suit" is brought in
the United States of America, the territories
and possessions of the United States of
America, Puerto Rico or Canada or in a
settlement we agree to.
15. WAIVER OF SUBROGATION
TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US - of SECTION IV -
BUSINESS AUTO CONDITIONS is amended by
adding the following:
Form HA 99 16 03 12
© 2011, The Hartford (Includes copyrighted material
of ISO Properties, Inc., with its permission.)
Attachment Code: D563844 Certificate ID: 22319774
We waive any right of recovery we may have
against any person or organization with whom
you have a written contract that requires such
waiver because of payments we make for
damages under this Coverage Form.
16. RESULTANT MENTAL ANGUISH COVERAGE
The definition of "bodily injury" in SECTION V -
DEFINITIONS is replaced by the following:
"Bodily injury" means bodily injury, sickness or
disease sustained by any person, including
mental anguish or death resulting from any of
these.
17. EXTENDED CANCELLATION CONDITION
Paragraph 2. of the COMMON POLICY
CONDITIONS - CANCELLATION applies
except as follows:
If we cancel for any reason other than
nonpayment of premium, we will mail or deliver
to the first Named Insured written notice of
cancellation at least 60 days before the effective
date of cancellation.
18. HYBRID, ELECTRIC, OR NATURAL GAS
VEHICLE PAYMENT COVERAGE
In the event of a total loss to a "non -hybrid" auto
for which Comprehensive, Specified Causes of
Loss, or Collision coverages are provided under
this Coverage Form, then such Physical
Damage Coverages are amended as follows:
a.lf the auto is replaced with a "hybrid" auto or
an auto powered solely by electricity or natural
gas, we will pay an additional 10%, to a
maximum of $2,500, of the "non -hybrid" auto's
actual cash value or replacement cost,
whichever is less,
b.The auto must be replaced and a copy of a bill
of sale or new lease agreement received by us
within 60 calendar days of the date of "loss,"
c.Regardless of the number of autos deemed a
total loss, the most we will pay under this
Hybrid, Electric, or Natural Gas Vehicle
Payment Coverage provision for any one
"loss" is $10,000.
For the purposes of the coverage provision,
a.A "non -hybrid" auto is defined as an auto that
uses only an internal combustion engine to
move the auto but does not include autos
powered solely by electricity or natural gas.
b.A "hybrid" auto is defined as an auto with an
internal combustion engine and one or more
electric motors; and that uses the internal
combustion engine and one or more electric
motors to move the auto, or the internal
combustion engine to charge one or more
electric motors, which move the auto.
19. VEHICLE WRAP COVERAGE
In the event of a total loss to an "auto" for which
Comprehensive, Specified Causes of Loss, or
Collision coverages are provided under this
Coverage Form, then such Physical Damage
Coverages are amended to add the following:
In addition to the actual cash value of the "auto",
we will pay up to $1,000 for vinyl vehicle wraps
which are displayed on the covered "auto" at the
time of total loss. Regardless of the number of
autos deemed a total loss, the most we will pay
under this Vehicle Wrap Coverage provision for
any one "loss" is $5,000. For purposes of this
coverage provision, signs or other graphics
painted or magnetically affixed to the vehicle are
not considered vehicle wraps.
© 2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.)
Attachment Code: D580215 Certificate ID: 22319774
Policy Number: G48968181 001
Effective Date: 2/1/2025-2/1/2026
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATION - CERTIFICATE HOLDER(S)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
CONTRACTORS POLLUTION LIABILITY COVERAGE PART
ERRORS AND OMISSIONS LIABILITY COVERAGE PART
THIRD PARTY POLLUTION LIABILITY COVERAGE PART
ONSITE CLEANUP COVERAGE PART
SCHEDULE
Certificate Holder(s)
Blanket when specifically required in a written contract with the named insured.
Under the Common Provisions, SECTION VI - COMMON CONDITIONS, item 2. Cancellation And Nonrenewal is amended by the addition of the following:
If we cancel this Policy before the expiration date thereof, we will mail a 30 days written notice (ten (10) days for nonpayment of premium) to the Certificate Holder(s) indicated in the Schedule shown above.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
EN0136-0211
Attachment Code: D565978 Certificate ID: 22319774
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06
(Ed. 4-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT —CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from US.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.
The additional premium for this endorsement shall be "% of the California workers' compensation premium otherwise due on such remuneration.
Person or Organization Job Description
WHERE YOU ARE REQUIRED BY WRITTEN CONTRACT TO
OBTAIN THIS AGREEMENT FROM US, PROVIDED THE
CONTRACT IS SIGNED AND DATED PRIOR TO THE DATE OF
LOSS TO WHICH THIS WAIVER APPLIES. IN NO INSTANCE
SHALL THE PROVISIONS AFFORDED BY THIS
ENDORSEMENT BENEFIT ANY COMPANY OPERATING
AIRCRAFT FOR HIRE.
*The premium charge for this endorsement shall be 2% of the premium developed in the State of California, but not less than $500 policy minimum premium.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective
Insured
Insurance Company
WC 04 03 06
(Ed. 4-84)
2/1/2025 Policy No. T10250329 (AOS)
/T10251427 (FL)
Rincon Consultants, Inc.
StarStone National Insurance Company
Countersigned By
Endorsement No. 23
Policy -Effective Date
2/1/2025
Attachment Code: D568038 Certificate ID: 22319774
Policy Number 72UENOL5481/G48968181 001
Effective Date: 2/1/2025-2/1/2026
IL 02 70 08 11
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CALIFORNIA CHANGES - CANCELLATION
AND NONRENEWAL
This endorsement modifies insurance provided under the following:
CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART
COMMERCIAL AUTOMOBILE COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
COMMERCIAL INLAND MARINE COVERAGE PART
COMMERCIAL PROPERTY COVERAGE PART
CRIME AND FIDELITY COVERAGE PART
EMPLOYMENT -RELATED PRACTICES LIABILITY COVERAGE PART
EQUIPMENT BREAKDOWN COVERAGE PART
FARM COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
MEDICAL PROFESSIONAL LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
A. Paragraphs 2., 3. and 5. of the Cancellation
Common Policy Condition are replaced by the
following:
2. All Policies In Effect For 60 Days Or Less
If this policy has been in effect for 60 days or less,
and is not a renewal of a policy we have
previously issued, we may cancel this policy by
mailing or delivering to the first Named Insured, at
the mailing address shown in the policy, and to the
producer of record, advance written notice of
cancellation, stating the reason for cancellation, at
least:
a. 10 days before the effective date of
cancellation if we cancel for:
(1) Nonpayment of premium; or
(2) Discovery of fraud by:
(a) Any insured or his or her
representative in obtaining this insurance;
or
(b) You or your representative in pursuing
a claim under this policy.
b. 30 days before the effective date of cancellation
if we cancel for any other reason.
IL 02 70 08 11
3. All Policies In Effect For More Than 60 Days
a. If this policy has been in effect for more
than 60 days, or is a renewal of a policy
we issued, we may cancel this policy only
upon the occurrence, after the effective
date of the policy, of one or more of the
following:
(1) Nonpayment of premium, including
payment due on a prior policy we issued
and due during the current policy term
covering the same risks.
(2) Discovery of fraud or material
misrepresentation by:
(a) Any insured or his or her
representative in obtaining this insurance;
or
(b) You or your representative in pursuing
a claim under this policy.
(3) A judgment by a court or an
administrative tribunal that you have
violated a California or Federal law,
having as one of its necessary elements
an act which materially increases any of
the risks insured against.
© Insurance Services Office, Inc., 2010 Page 1 of 4
Attachment Code: D568038 Certificate ID: 22319774
Policy Number 72UENOL5481/G48968181 001
Effective Date: 2/1/2025-2/1/2026
(4) Discovery of willful or grossly negligent
acts or omissions, or of any violations of
state laws or regulations establishing
safety standards, by you or your
representative, which materially increase
any of the risks insured against.
(5) Failure by you or your representative
to implement reasonable loss control
requirements, agreed to by you as a
condition of policy issuance, or which
were conditions precedent to our use of a
particular rate or rating plan, if that failure
materially increases any of the risks
insured against.
(6) A determination by the Commissioner
of Insurance that the:
(a) Loss of, or changes in, our reinsurance
covering all or part of the risk would
threaten our financial integrity or solvency;
or
(b) Continuation of the policy coverage
would:
(i) Place us in violation of California law or
the laws of the state where we are
domiciled; or
(ii) Threaten our solvency.
(7) A change by you or your
representative in the activities or property
of the commercial or industrial enterprise,
which results in a materially added,
increased or changed risk, unless the
added, increased or changed risk is
included in the policy.
b. We will mail or deliver advance written
notice of cancellation, stating the reason
for cancellation, to the first Named
Insured, at the mailing address shown in
the policy, and to the producer of record
at least:
(1) 10 days before the effective date of
cancellation if we cancel for nonpayment
of premium or discovery of fraud; or
(2) 30 days before the effective date of
cancellation if we cancel for any other
reason listed in Paragraph 3.a.
5. If this policy is cancelled, we will send the first
Named Insured any premium refund due. The
refund, if any, will be computed on a pro rata
basis. However, the refund may be less than pro
rata if we made a loan to you for the purpose of
payment of premiums for this policy.
The cancellation will be effective even if we have
not made or offered a refund.
IL 02 70 08 11
B. The following provision is added to the
Cancellation Common Policy Condition:
7. Residential Property
This provision applies to coverage on real property
which is used predominantly for residential
purposes and consisting of not more than four
dwelling units, and to coverage on tenants'
household personal property in a residential unit, if
such coverage is written under one of the
following:
Commercial Property Coverage Part
Farm Coverage Part ---- Farm Property ---- Farm
Dwellings, Appurtenant Structures And Household
Personal Property Coverage Form
a. If such coverage has been in effect for
60 days or less, and is not a renewal of
coverage we previously issued, we may
cancel this coverage for any reason
except as provided in b. and c. below.
b. We may not cancel this policy solely
because the first Named Insured has:
(1) Accepted an offer of earthquake
coverage; or
(2) Cancelled or did not renew a policy
issued by the California Earthquake
Authority (CEA) that included an
earthquake policy premium surcharge.
However, we shall cancel this policy if the
first Named Insured has accepted a new
or renewal policy issued by the CEA that
includes an earthquake policy premium
surcharge but fails to pay the earthquake
policy premium surcharge authorized by
the CEA.
c. We may not cancel such coverage
solely because corrosive soil conditions
exist on the premises. This restriction (c.)
applies only if coverage is subject to one
of the following, which exclude loss or
damage caused by or resulting from
corrosive soil conditions:
(1) Commercial Property Coverage Part --
Causes Of Loss — Special Form; or
(2) Farm Coverage Part — Causes Of
Loss Form — Farm Property, Paragraph D.
Covered Causes Of Loss — Special.
IL 02 70 08 11 © Insurance Services Office, Inc., 2010
Attachment Code: D568038 Certificate ID: 22319774
Policy Number 72UENOL5481/G48968181 001
Effective Date: 2/1/2025-2/1/2026
C. The following is added and supersedes any
provisions to the contrary:
Nonrenewal
1. Subject to the provisions of Paragraphs C.2.
and C.3. below, if we elect not to renew this
policy, we will mail or deliver written notice, stating the reason for nonrenewal, to the first Named
Insured shown in the Declarations, and to the
producer of record, at least 60 days, but not more
than 120 days, before the expiration or
anniversary date.
We will mail or deliver our notice to the first
Named Insured, and to the producer of record, at
the mailing address shown in the policy.
2. Residential Property
This provision applies to coverage on real property
used predominantly for residential purposes and
consisting of not more than four dwelling units,
and to coverage on tenants' household property
contained in a residential unit, if such coverage is
written under one of the following:
Commercial Property Coverage Part
Farm Coverage Part ---- Farm Property ---- Farm
Dwellings, Appurtenant Structures And
Household Personal Property Coverage Form
a. We may elect not to renew such
coverage for any reason, except as
provided in b., c. and d. below.
b. We will not refuse to renew such
coverage solely because the first Named
Insured has accepted an offer of
earthquake coverage.
However, the following applies only to
insurers who are associate participating
insurers as established by Cal. Ins. Code
Section 10089.16. We may elect not to
renew such coverage after the first
Named Insured has accepted an offer of
earthquake coverage, if one or more of
the following reasons applies:
(1) The nonrenewal is based on sound
underwriting principles that relate to the
coverages provided by this policy and that
are consistent with the approved rating
plan and related documents filed with the
Department of Insurance as required by
existing law;
IL 02 70 08 11
IL 02 70 08 11
(2) The Commissioner of Insurance finds
that the exposure to potential losses will
threaten our solvency or place us in a
hazardous condition. A hazardous
condition includes, but is not limited to, a
condition in which we make claims
payments for losses resulting from an
earthquake that occurred within the
preceding two years and that required a
reduction in policyholder surplus of at
least 25% for payment of those claims; or
(3) We have:
(a) Lost or experienced a substantial
reduction in the availability or scope of
reinsurance coverage; or
(b) Experienced a substantial increase in
the premium charged for reinsurance
coverage of our residential property
insurance policies; and the Commissioner
has approved a plan for the nonrenewals
that is fair and equitable, and that is
responsive to the changes in our
reinsurance position.
c. We will not refuse to renew such
coverage solely because the first Named
Insured has cancelled or did not renew a
policy, issued by the California
Earthquake Authority, that included an
earthquake policy premium surcharge.
d. We will not refuse to renew such
coverage solely because corrosive soil
conditions exist on the premises. This
restriction (d.) applies only if coverage is
subject to one of the following, which
exclude loss or damage caused by or
resulting from corrosive soil conditions:
(1) Commercial Property Coverage Part
---- Causes Of Loss ---- Special Form; or
(2) Farm Coverage Part ---- Causes Of
Loss Form ---- Farm Property, Paragraph
D. Covered Causes Of Loss ---- Special.
3. We are not required to send notice of
nonrenewal in the following situations:
a. If the transfer or renewal of a policy,
without any changes in terms, conditions
or rates, is between us and a member of
our insurance group.
© Insurance Services Office, Inc., 2010 Page 3 of 4
Attachment Code: D568038 Certificate ID: 22319774
Policy Number 72UENOL5481/G48968181 001
Effective Date: 2/1/2025-2/1/2026
b. If the policy has been extended for 90
days or less, provided that notice has
been given in accordance with Paragraph
C.1.
c. If you have obtained replacement
coverage, or if the first Named Insured
has agreed, in writing, within 60 days of
the termination of the policy, to obtain that
coverage.
d. If the policy is for a period of no more
than 60 days and you are notified at the
time of issuance that it will not be renewed.
IL 02 70 08 11
e. If the first Named Insured requests a
change in the terms or conditions or risks
covered by the policy within 60 days of the
end of the policy period.
f. If we have made a written offer to the
first Named Insured, in accordance with
the timeframes shown in Paragraph C.1.,
to renew the policy under changed terms
or conditions or at an increased premium
rate, when the increase exceeds 25%.
IL 02 70 08 11 © Insurance Services Office, Inc., 2010
Attachment Code: D568039 Certificate ID: 22319774
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 02 B (Ed. 12-13)
ADVANCE NOTICE OF CANCELLATION AND NON -RENEWAL ENDORSEMENT It is hereby understood and agreed that all cancellation provisions in the policy addressing the required number of days notice of cancellation by us or non -renewal by us are amended to be not less than:
a. 30 days will be given for notice of cancellation for non-payment of premium. *b. 60 days will be given for notice of cancellation for any other reason. c. 90 days will be given for non -renewal.
Notwithstanding the previsions above, in no event will the number of days notice for cancellation or for non -renewal be fewer than the number of days required by statute. *not applicable in Arizona, Pennsylvania.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy).
Endorsement Effective
Insured
Insurance Company
WC 99 06 02 B
(Ed. 12-12)
2/1/2025
Rincon Consultants, Inc.
Policy No. T10250329 (AOS)
Policy Effective Date 2/1/2025
StarStone National Insurance Company
Endorsement No. 5
BEAUMONT
-C A L I F O R N A -
Staff Report
TO: City Council
FROM: Thaxton Van Belle, Director of Water Reclamation
DATE: September 2, 2025
SUBJECT: Approve a First Amendment to the Professional Service Agreement with Tom Dodson & Associates to prepare an Adaptive Management and Mitigation Plan, with CEQA and Change Petition Support, Increasing the Agreement by $914,559 — Capital Improvement Project
Description: Strategic Plan Target 4 — Finances/Resources — Goal 1 — Obtain a Recycled Water Permit to enhance water sustainability, support long-term resource management, and ensure a reliable, environmentally responsible water supply for the community.
Background and Analysis:
On August 15, 2023, the City awarded a Professional Service Agreement to Tom Dodson & Associates for the preparation of an Adaptive Management and Mitigation Plan (AMMP). Phase one of the AMMP, completed in February of 2025, presented the options of pursuing the study -supported reduced discharge value of 1.7 MGD or pursuing a more aggressive reduction through modeling with increased time and cost.
On June 17, 2025, staff received direction from the City Council to pursue a reduced discharge to 1.7 MGD as supported by the AMMP Phase 1 report.
On July 30, 2025, staff, along with Tom Dodson & Associates, and legal counsel from Somach, Simmons, and Dunn, met with the State Water Resources Control Board (SWRCB), Division of Water Rights staff, presented the AMMP and findings, and inquired about filing a 1211 Change Petition. Based on discussions with the SWRCB staff, the completed application for a 1211 Change Petition will require both compliance with the California Environmental Quality Act (CEQA) through a Focused Environmental Impact Report (EIR) and the draft AMMP.
Tom Dodson & Associates has presented a proposed amendment to the original agreement to account for the additional scope of work related to CEQA and support for processing the 1211 Change Petition. Additionally, there is an option for CIP WW26-10 Stream Gaging, which includes the installation and maintenance of monitoring
equipment at four locations along the creek outflow path (Task 17). The City was awarded a grant for $108,000 for Stream Gaging and is recommending that this additional task be performed by Tom Dodson & Associates.
Payment under this amended agreement shall be made only for services performed and deliverables provided to the City's satisfaction. If any services or tasks outlined in the scope of work are not completed, the corresponding portion of the compensation shall not be paid.
Fiscal Impact:
This amendment increases the original agreement amount by $914,559 for a revised total not -to -exceed amount of $1,911,719. Additionally, a Stream Gage grant of $108,000 will be utilized to fund the optional Task 17 and satisfy WW26-10.
There are sufficient funds in the project balances to accommodate the amended amount.
The estimated cost to prepare this staff report is $750.
CIP WW -14 Adaptive Management and Mitigation Plan Project Funding Summary
Estimated Total Project Budget= $2,100,000
Current Project Budget= $2,100,000
CIP WW -14 Adaptive Management and Mitigation Plan Project Budget Summary
Project
Component
Est. Total
Budget
Current
Budget
Paid to
Date
Remaining
Budget
Project Management
$1,950,000
$1,950,000
$(365,425)
$1,584,575
Preliminary Services
$150,000
$150,000
$(74,818)
$75,183
Environmental
Design
Permits
Right -of -Way
Construction
Construction Management
Equipment
Total
$2,100,000
$2,100,000
$(440,242)
$1,659,758
CIP WW26-10 Streambed Gaging Project Funding Summary
Estimated Total Project Budget= $108,000
Current Project Budget= $108,000
CIP WW26-10 Streambed Gaging Project Budget Summary
Project
Com • onent
Est. Total Current
Bud et Budget
Paid to Remaining
Date Bud • et
Project Management
Preliminary Services
Environmental
Design
Permits
I PRIM
I
Rig ht -of -Way
Construction
Construction Management
Equipment
EP
$108,000
$108,000
I
$(0 $108,000
OMNI
Total
$108,000
$108,000
$0
$108,000
In summary, the total budget of WW -14 and WW26-10 combined is $2,208,000.
Recommended Action:
Approve the First Amendment to the Professional Services Agreement with Tom Dodson & Associates to increase the contract amount by $914,559, resulting in a total compensation under the agreement not to exceed $1,911,719.00; Authorize the Mayor to execute the First Amendment; and Approve a five percent (5%) contingency of $95,586 for contract change orders and authorize the City Manager to approve contract change orders up to $95,586 for a total budget of $2,007,305.
Attachments:
A. Professional Services Agreement — C23-84
B. Proposal
C. Detailed Scope of Work Cost Table
D. First Amendment
City of Beaumont Agreement'?
AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR
THIS AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR is made and effective as of the 15"' day of August 2023, by and between the CITY OF BEAUMONT ("CITY") whose address is 550 E. 6th Street, Beaumont, California 92223 and Tom Dodson and Associates, a California Corporation, whose address is P.O. Box 2307, San Bernardino, CA 92406 ("CONTRACTOR").
RECITALS
This Agreement is entered into on the basis of the following facts, understandings and intentions of the parties to this Agreement:
A. CITY desires to engage CONTRACTOR to develop an Adaptive Management and Mitigation Plan; and
B. CONTRACTOR has made a proposal ("Proposal") to the CITY to provide such professional services, which Proposal is attached hereto as Exhibit "A" and incorporated herein by this reference; and
C. CONTRACTOR agrees to provide such services pursuant to, and in accordance with, the terms and conditions of this Agreement, and represents and warrants to CITY that CONTRACTOR possesses the necessary skills, licenses, certifications, qualifications, personnel and equipment to provide such services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants contained herein, CITY and CONTRACTOR agree as follows:
1. Term of Agreement. This Agreement is effective as of the date first above written and shall continue until terminated as provided for herein. Notwithstanding anything in this Agreement to the contrary, this Agreement shall automatically terminate after five (5) year(s) unless extended by the parties with the approval of the City Council of the CITY.
2. Services to be Performed. CONTRACTOR agrees to provide the services ("Services") as follows: Development Impact Fees Study per Exhibit "A". A11 Services shall be performed in the manner and according to the timeframe set forth in the Proposal. CONTRACTOR designates Kaitlyn Dodson -Hamilton as CONTRACTOR'S professional(s) responsible for overseeing the Services provided by CONTRACTOR.
3. Associates and Subcontractors. CONTRACTOR may, at CONTRACTOR's sole cost and expense, employ such competent and qualified independent associates, subcontractors and consultants as CONTRACTOR deems necessary to perform the Services; provided, however, that CONTRACTOR shall not subcontract any of the Services without the written consent of CITY.
4. Compensation.
1
City of Beaumont Agreementi3
C23-84
4.01 CONTRACTOR shall be paid at the rates set forth in the Proposal and shall not increase any rate without the prior written consent of the CITY. Notwithstanding anything in this Agreement to the contrary, total fees and charges paid by CITY to CONTRACTOR under this Agreement shall not exceed a maximum of Nine Hundred Ninety -Seven Thousand, One Hundred Sixty Dollars and Zero Cents ($997,160.00).
4.02 CONTRACTOR shall not be compensated for any Services rendered nor reimbursed for any expenses incurred in excess of those authorized unless approved in advance by the CITY, in writing.
4.03 CONTRACTOR shall submit to CITY, on or before the fifteenth (15th) of each month, itemized invoices for the Services rendered in the previous month. The CITY shall not be obligated to pay any invoice that is submitted more than sixty (60) days after the due date of such invoice. CITY shall have the right to review and audit all invoices prior to or after payment to CONTRACTOR. This review and audit may include, but not be limited to CITY's:
a. Determination that any hourly fee charged is consistent with this Agreement's approved hourly rate schedule;
b. Determination that the multiplication of the hours billed times the approved rate schedule dollars is correct;
c. Determination that each item charged is the usual, customary, and reasonable charge for the particular item. If CITY determines an item charged is greater than usual, customary, or reasonable, or is duplicative, ambiguous, excessive, or inappropriate, CITY shall either return the bill to CONTRACTOR with a request for explanation or adjust the payment accordingly, and give notice to CONTRACTOR of the adjustment.
4.04 If the work is satisfactorily completed, CITY shall pay such invoice within thirty (30) days of its receipt. Should CITY dispute any portion of any invoice, CITY shall pay the undisputed portion within the time stated above, and at the same time advise CONTRACTOR in writing of the disputed portion.
5. Obli Llations of CONTRACTOR.
5.01 CONTRACTOR agrees to perform all Services in accordance with the terms and conditions of this Agreement and the Proposal. In the event that the terms of the Proposal shall conflict with the terms of this Agreement or contain additional terms that purport to bind the CITY other than the Services to be rendered and the price for the Services, the terms of this Agreement shall govern and said additional or conflicting terms shall be of no force or effect.
5.02 Except as otherwise agreed by the parties, CONTRACTOR will supply all personnel, materials and equipment required to perform the Services. CONTRACTOR shall provide its own offices, telephones, vehicles and computers and set its own work 2
City of Beaumont Agreement*
C23-84
hours. CONTRACTOR will determine the method, details, and means of performing the Services under this Agreement.
5.03 CONTRACTOR shall keep CITY informed as to the progress of the Services by means of regular and frequent consultations. Additionally, when requested by CITY, CONTRACTOR shall prepare written status reports.
5.04 CONTRACTOR is responsible for paying, when due, all income and other taxes, fees and withholding, including withholding state and federal taxes, social security, unemployment and worker's compensation, incurred as a result of the compensation paid under this Agreement. CON TRACTOR agrees to indemnify, defend and hold harmless CITY for any claims, costs, losses, fees, penalties, interest, or damages suffered by CITY resulting from CONTRACTOR's failure to comply with this provision.
5.05 In the event CONTRACTOR is required to prepare plans, drawings, specifications and/or estimates, the same shall be furnished in conformance with local, state and federal laws, rules and regulations.
5.06 CONTRACTOR represents that it possesses all required licenses necessary or applicable to the performance of Services under this Agreement and the Proposal and shall obtain and keep in full force and effect all permits and approvals required to perform the Services herein. In the event CITY is required to obtain an approval or permit from another governmental entity, CONTRACTOR shall provide all necessary supporting documents to be filed with such entity.
5.07 CONTRACTOR shall be solely responsible for obtaining Employment Eligibility Verification information from CONTRACTOR's employees, in compliance with the Immigration Reform and Control Act of 1986, Pub. L. 99-603 (8 U.S.C. 1324a), and shall ensure that CONTRACTOR's employees are eligible to work in the United States.
5.08 In the event that CONTRACTOR employs, contracts with, or otherwise utilizes any Ca1PERS retirees in completing any of the Services performed hereunder, such instances shall be disclosed in advance to the CITY and shall be subject to the CITY's advance written approval.
5.09 Drug -free Workplace Certification. By signing this Agreement, the CONTRACTOR hereby certifies under penalty of perjury under the laws of the State of California that the CONTRACTOR will comply with the requirements of the Drug -Free Workplace Act of 1990 (Government Code, Section 8350 et seq.) and will provide a drug - free workplace.
5.10 CONTRACTOR shall comply with all applicable local, state and federal laws, rules, regulations, entitlements and/or permits applicable to, or governing the Services authorized hereunder.
6. Insurance. CONTRACTOR hereby agrees to be solely responsible for the health and safety of its employees and agents in performing the Services under this Agreement and shall 3
City of Beaumont Agreement#
C23-84
comply with all laws applicable to worker safety including but not limited to Cal -OSHA.
Therefore, throughout the duration of this Agreement, CONTRACTOR hereby covenants and agrees to maintain insurance in conformance with the requirements set forth below. Attached hereto as Exhibit "B" are copies of Certificates of Insurance and endorsements as required by Section 7.02. If existing coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so.
CONTRACTOR shall provide the following types and amounts of insurance:
6.01 Commercial general liability insurance in an amount of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate; CONTRACTOR agrees to have its insurer endorse the general liability coverage required herein to include as additional insured's CITY, its officials, employees and agents. CONTRACTOR also agrees to require all contractors and subcontractors to provide the same coverage required under this Section 6.
6.02 Business Auto Coverage in an amount no less than $1 million per accident.
If CONTRACTOR or CONTRACTOR's employees will use personal autos in performance of the Services hereunder, CONTRACTOR shall provide evidence of personal auto liability coverage for each such person.
6.03 Workers' Compensation coverage for any of CONTRACTOR's employees that will be providing any Services hereunder. CONTRACTOR will have a state -approved policy form providing statutory benefits as required by California law. The provisions of any workers' compensation will not limit the obligations of CONTRACTOR under this Agreement. CONTRACTOR expressly agrees not to use any statutory immunity defenses under such laws with respect to CITY, its employees, officials and agents.
6.04 Optional Insurance Coverage. Choose and check one: Required X /Not Required _; Errors and omissions insurance in a minimum amount of $2 million per occurrence to cover any negligent acts or omissions committed by CONTRACTOR, its employees and/or agents in the performance of any Services for CITY_
7. General Conditions
iertaining to Insurance Coverage
7.01 No liability insurance coverage provided shall prohibit CONTRACTOR from waiving the right of subrogation prior to a loss. CONTRACTOR waives all rights of subrogation against CITY regardless of the applicability of insurance proceeds and shall require all contractors and subcontractors to do likewise.
7.02. Prior to beginning the Services under this Agreement, CONTRACTOR shall furnish CITY with certificates of insurance, endorsements, and upon request, complete copies of all policies, including complete copies of all endorsements. All copies of policies and endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf.
7.03. All required policies shall be issued by a highly rated insurer with a minimum A.M. Best rating of "A:VII"). The insurer(s) shall be admitted and licensed to do business in California. The certificates of insurance hereunder shall state that coverage shall not be 4
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suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice has been given to CITY.
7.04 Self-insurance does not comply with these insurance specifications.
CONTRACTOR acknowledges and agrees that that all insurance coverage required to be provided by CONTRACTOR or any subcontractor, shall apply first and on a primary, non- contributing basis in relation to any other insurance, indemnity or self-insurance available to CITY.
7.05 All coverage types and limits required are subject to approval, modification and additional requirements by CITY, as the need arises. CONTRACTOR shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect CITY's protection without CITY's prior written consent.
7.06 CONTRACTOR agrees to provide immediate notice to CITY of any claim or loss against CONTRACTOR or arising out of the Services performed under this Agreement. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.
8. Indemnification.
8.01 CONTRACTOR and CITY agree that CITY, its employees, agents and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, defense costs, court costs or any other costs arising out of or in any way related to the performance of this Agreement by CONTRACTOR or any subcontractor or agent of either as set forth herein.
Accordingly, the provisions of this indemnity are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to CITY.
CONTRACTOR acknowledges that CITY would not enter into this Agreement in the absence of the commitment of CONTRACTOR to indemnify and protect CITY as set forth herein.
a. To the fullest extent permitted by law, CONTRACTOR shall defend, indemnify and hold harmless CITY, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, damages or costs of any kind, whether actual, alleged or threatened, actual attorneys' fees incurred by CITY, court costs, interest, defense costs, including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of, or in any way attributable actually, allegedly or impliedly, in whole or in part to the performance of this Agreement.
CONTRACTOR's obligation to defend, indemnify and hold harmless shall include any and all claims, suits and proceedings in which CONTRACTOR (and/or CONTRACTOR's agents and/or employees) is alleged to be an employee of CITY.
All obligations under this provision are to be paid by CONTRACTOR as they are incurred by CITY.
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b. Without affecting the rights of CITY under any provision of this Agreement or this Section, CONTRACTOR shall not be required to indemnify and hold harmless CITY as set forth above for liability attributable solely to the fault of CITY, provided such fault is determined by agreement between the parties or the findings of a court of competent jurisdiction.
8A. Indemnification Design Professionals.
8A.01 In the event that CONTRACTOR is a design professional under California Civil Code Section 2782.8 this Section 8A shall apply instead of Section 8. To the fullest extent permitted by California law and in accordance with California Civil Code section 2782.8, CONTRACTOR shall indemnify, and hold harmless the City, its officers, employees, trustees and members ("Indemnified Parties") from any and all actions, assessments, counts, citations, claims, costs, damages, demands, judgments, liabilities (legal, administrative or otherwise), losses, notices, expenses, fines, penalties, proceedings, responsibilities, violations, attorney's and consultants' fees and causes of action including, but not limited to those for, injury to property or persons, including personal injury and/or death ("Claim(s)"), to the extent that the Claim(s) arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of CONTRACTOR, its directors, officials, officers, employees and consultants arising out of, connected with, or resulting from the performance of the Services, the Project, or this Agreement. This indemnity excludes liability caused by the negligence or willful misconduct of any of the Indemnified Parties.
The cost to indemnify, hold harmless, and defend charged to CONTRACTOR shall not exceed CONTRACTOR'S proportionate percentage of fault.
9. Additional Services. Changes and Deletions.
9.01 In the event CONTRACTOR performs additional or different services than those described herein without the prior written approval of the City Manager and/or City Council of CITY, CONTRACTOR shall not be compensated for such services.
CONTRACTOR expressly waives any right to be compensated for services and materials not covered by the scope of this Agreement or authorized by the CITY in writing.
9.02 CONTRACTOR shall promptly advise the City Manager and Finance Director of CITY as soon as reasonably practicable upon gaining knowledge of a condition, event or accumulation of events which may affect the scope and/or cost of Services. All proposed changes, modifications, deletions and/or requests for additional services shall be reduced to writing for review and approval by the CITY and/or City Council.
10. Termination of Agreement.
10.01 Notwithstanding any other provision of this Agreement, CITY, at its sole option, may terminate this Agreement with or without cause, or for no cause, at any time by giving twenty (20) days' written notice to CONTRACTOR.
10.02 In the event of termination, the payment of monies due CONTRACTOR for undisputed Services performed prior to the effective date of such termination shall be paid within thirty (30) business days after receipt of an invoice as provided in this Agreement. 6
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Immediately upon termination, CONTRACTOR agrees to promptly provide and deliver to CITY all original documents, reports, studies, plans, specifications and the like which are in the possession or control of CONTRACTOR and pertain to CITY.
11. Status of CONTRACTOR.
11.01 CONTRACTOR shall perform the Services in CONTRACTOR's own way as an independent contractor, and in pursuit of CONTRACTOR'S independent calling, and not as an employee of CITY. However, CONTRACTOR shall regularly confer with CITY's City Manager as provided for in this Agreement.
11.02 CONTRACTOR agrees that it is not entitled to the rights and benefits afforded to CITY's employees, including disability or unemployment insurance, workers' compensation, retirement, Ca1PERS, medical insurance, sick leave, or any other employment benefit. CONTRACTOR is responsible for providing, at its own expense, disability, unemployment, workers' compensation and other insurance, training, permits, and licenses for itself and its employees and subcontractors.
11.03 CONTRACTOR hereby specifically represents and warrants to CITY that it possesses the qualifications and skills necessary to perform the Services under this Agreement in a competent, professional manner, without the advice or direction of CITY and that the Services to be rendered pursuant to this Agreement shall be performed in accordance with the standards customarily applicable to an experienced and competent professional rendering the same or similar services in the same geographic area where the CITY is located. Further, CONTRACTOR represents and warrants that the individual signing this Agreement on behalf of CONTRACTOR has the full authority to bind CONTRACTOR to this Agreement.
12. Ownership of Documents: Audit.
12.01 All draft and final reports, plans, drawings, studies, maps, photographs, specifications, data, notes, manuals, warranties and all other documents of any kind or nature prepared, developed or obtained by CONTRACTOR in connection with the performance of Services performed for the CITY shall become the sole property of CITY, and CONTRACTOR shall promptly deliver all such materials to CITY upon request. At the CITY's sole discretion, CONTRACTOR may be permitted to retain original documents, and furnish reproductions to CITY upon request, at no cost to CITY.
12.02 Subject to applicable federal and state laws, rules and regulations, CITY shall hold all intellectual property rights to any materials developed pursuant to this Agreement. CONTRACTOR shall not such use data or documents for purposes other than the performance of this Agreement, nor shall CONTRACTOR release, reproduce, distribute, publish, adapt for future use or any other purposes, or otherwise use, any data or other materials first produced in the performance of this Agreement, nor authorize others to do so, without the prior written consent of CITY.
12.03 CONTRACTOR shall retain and maintain, for a period not less than four years following termination of this Agreement, all-time records, accounting records and vouchers and all other records with respect to all matters concerning Services performed, 7
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compensation paid and expenses reimbursed. At any time during normal business hours and as often as CITY may deem necessary, CONTRACTOR shall make available to CITY's agents for examination all of such records and shall permit CITY's agents to audit, examine and reproduce such records.
13. Miscellaneous Provisions.
13.01 This Agreement, which includes all attached exhibits, supersedes any and all previous agreements, either oral or written, between the parties hereto with respect to the rendering of Services by CONTRACTOR for CITY and contains all of the covenants and agreements between the parties with respect to the rendering of such Services in any manner whatsoever. Any modification of this Agreement will be effective only if it is in writing signed by both parties.
13.02 CONTRACTOR shall not assign or otherwise transfer any rights or interest in this Agreement without the prior written consent of CITY. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement.
13.03 CONTRACTOR shall timely file FPPC Form 700 Conflict of Interest Statements with CITY if required by California law and/or the CITY's conflict of interest policy.
13.04 If any legal action or proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees and costs, in addition to any other relief to which that party may be entitled.
13.05 This Agreement is made, entered into and shall be performed in the County of Riverside in the State of California and shall in all respects be interpreted, enforced and governed under the laws of the State of California. The parties agree that venue in any litigation between them shall be in Riverside County, California.
13.06 CONTRACTOR covenants that neither it nor any officer or principal of its firm has any interest, nor shall they acquire any interest, either directly or indirectly, which will conflict in any manner or degree with the performance of their Services hereunder.
CONTRACTOR further covenants that in the performance of this Agreement, no person having such interest shall be employed by it as an officer, employee, agent, or subcontractor.
13.07 CONTRACTOR has read and is aware of the provisions of Section 1090 et seq. and Section 87100 et seq. of the Government Code relating to conflicts of interest of public officers and employees. CONTRACTOR agrees that they are unaware of any financial or economic interest of any public officer or employee of the CITY relating to this Agreement. It is further understood and agreed that if such a financial interest does exist at the inception of this Agreement, the CITY may immediately terminate this Agreement by giving notice thereof. CONTRACTOR shall comply with the requirements of Government Code section 87100 et seq. and section 1090 in the performance of and 8
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during the term of this Agreement.
13.08 Imiroher Consideration. CONTRACTOR shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to, cash, discounts, services, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the CITY in an attempt to secure favorable treatment regarding this Agreement or any contract awarded by CITY: The CITY, by notice, may immediately terminate this Agreement if it determines that any improper consideration as described in the preceding sentence was offered to any officer, employee or agent of the CITY with respect to the proposal and award process of this Agreement or any CITY contract. This prohibition shall apply to any amendment, extension or evaluation process once this Agreement or any CITY contract has been awarded. CONTRACTOR shall immediately report any attempt by any CITY officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from CONTRACTOR.
13.09 Severability. If any portion of this Agreement is declared invalid, illegal or otherwise unenforceable by a court of competent jurisdiction, the entire balance of this Agreement not so affected shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereby have made and executed this Agreement to be effective as of the day and year first above written.
CONTRACTOR:
TOM DODSON AND ASSOCIATES
By:
Print Name: Kaitlyn Dodson -Hamilton
Title: Vice President
9
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C23-84
EXHIBIT "A"
PROPOSAL
PROPOSAL
FOR THE CITY OF BEAUMONT
ADAPTIVE MANAGEMENT AND MITIGATION PLAN
Submitted to:
BEAUMONT
caucfroati,
Submitted by:
Tom Dodson and Associates
P.O. Box 2307
San Bernardino, California 92406
(909) 882-3612
In Partnership with:
West Yost
23692 Birtcher Drive
Lake Forest, CA 92630
(949) 420-3030
and
Jacobs
(Lisa Patterson, Biological Resources/Regulatory Team)
Proposal Due Date and Time:
July 25, 2023
2:00 p.m.
Tom Dodson & Associates, West Yost, and Jacobs
City of Beaumont
Adaptive Management and Mitigation Plan
Table of Contents
A. Cover Letter
B. Introduction
C. Approach
D. Firm Profile
E. Firm Location
F. Proposed Team
G. References
H. Scope of Services
I. Project Schedule
J. Outstanding Contracts with the City of Beaumont
K. Additional Information and Services
L. Liability Insurance
Fee Rate Schedule and Cost Proposal are provided under separate cover
ATTACHMENTS
Attachment 1: Scope of Services
Attachment 2: Resumes
1 3
4 8
9 9
12 17
17 20
20 20
Tom Dodson & Associates, West Yost, and Jacobs
City of Beaumont
Adaptive Management and Mitigation Plan
MEMORANDUM
July 22, 2023
FROM: Tom Dodson & Kaitlyn Dodson -Hamilton, Tom Dodson & Associates Samantha Adams, West Yost
Lisa Patterson, Jacobs
TO: Grace Wichert, City of Beaumont
SUBJECT: Proposal to Provide Consulting Services to Prepare an Adaptive Management and Mitigation Plan for the City of Beaumont
Tom Dodson & Associates (TDA), in partnership with West Yost Associates, Inc. (West Yost) and Jacobs is pleased to submit this proposal to provide consulting services to prepare an Adaptive Management and Mitigation Plan (AMMP) for the City of Beaumont (City).
It is our understanding that the City intends to submit a Petition for Change of Wastewater Discharge to the State Water Resources Control Board for its recycled water discharge to Cooper's Creek (Riverside County, CA). The water that is currently discharged to Cooper's Creek can then be delivered for direct or indirect reuse (such as irrigation or groundwater recharge). The City has recognized that reducing its discharge has the potential to impact downstream biological resources (e.g. creek and riparian habitat). To address the potential for impacts, the City will develop the AMMP, the objective of which is to establish a monitoring, analysis, and reporting framework that will document changes in the hydrogeologic system and biological resources as discharge is reduced and inform the need for implementing management measures that will mitigate impacts of the reduced discharge. The development of the AMMP will be a multi -year effort produced in phases.
Our team carefully reviewed the RFP and have prepared an approach and scope of work that we believe will result in the development and approval of a robust AMMP that will serve as the framework for implementing the City's recycled water program. Our proposal includes all the requisite elements defined in the RFP, including submitting our cost proposal under separate cover. Our proposal provides an approach that will be implemented over three to five years and will include the following three phases:
• Phase 1 — Characterize Historical and Current Conditions to Support Development of AMMP • Phase 2 — Assess Feasibility of Reduced Discharge and Perform Initial Baseline Monitoring • Phase 3 — Prepare Adaptive Monitoring and Mitigation Plan and Continue Baseline Monitoring Our project team has extensive experience working together to develop and implement complex water management programs, including development of monitoring and mitigation programs to address environmental, hydrogeologic, and biologic impacts of water resources projects. We believe that our team is well suited to support the City in achieving its recycled water use and discharge goals. We have a strong resume demonstrating successful outcomes for our clients, most particularly our team's support of the Chino Basin Watermaster in the development and implementation of its
Tom Dodson & Associates, West Yost, and Jacobs
City of Beaumont
Adaptive Management and Mitigation Pfan
Optimum Basin Management Program, which includes a robust adaptive monitoring and mitigation pro Basin Habitat Sustainability Committee.
1.111
the Prado
gram for
Our team is fully committed and available to perform the multi -year services requested by the City and will enhance your capacity to efficiently develop the AMMP. We are confident that the City will be completely satisfied with the quality of our work and our commitment to provide the highest possible level of support while considering cost and efficiency. The team will provide the City:
• A commitment to working collaborativeLyy We are committed to working with City staff to develop an approach that will result in a high -quality, scientifically defensible AMMP that will provide for ease of adaptation as new information is learned or the City's plans and priorities evolve. • Leadership you can trust to deliver Our project team leadership is comprised of industry leaders in environmental, water, and biological resources. Our team will be led by Project Manager, Kaitlyn Dodson - Hamilton (TDA). She will be supported by Principles -in -Charge, and Samantha Adams (West Yost) and technical advisor Andy Malone, PG (West Yost). Technical work will be led by Veva Weamer (West Yost) and Lisa (Jacobs). This team brings a strong history of delivering on challenging multi -disciplinary projects. • A team with a deep bench to deliver projects that expertly meet your needs. Our team offers a full -service approach across the entire spectrum of disciplines, including: planning, data analysis, modeling, engineering feasibility, CEOA, regulatory support, and grant funding. • A project management plan that will keep the team engaged. Our project managers will keep our internal team and City staff engaged and meet the project goals and objectives. Our proactive project management plans include monthly updates (or other frequencies as appropriate), action item and decision logs, and oversight by our team's Principal -in -Charge and Technical Advisor.
We appreciate this opportunity to serve the City and we look forward to discussing our recommended approach and scope of work.
Sincerely,
IV
air
Kaitlyn Dodson -Hamilton, Vice President, TDA.
Please contact Kaitlyn, Tom, or Samantha. Our direct contact information is below:
Kaitlyn Dodson -Hamilton
Email: [email protected]
Phone: (909) 882-3612
Tom Dodson
Email: [email protected]
Phone: (909) 882-3612
Samantha Adams
Email: [email protected]
Phone: 949.238.0698
Tom Dodson & Associates, West Yost, and Jacobs
City of Beaumont
Adaptive Management and Mitigation Plan
B. INTRODUCTION
Tom Dodson & Associates, in partnership with West Yost and Jacobs, has prepared this proposal to develop an Adaptive Management and Mitigation Plan (AMMP) for the City of Beaumont (City). Our team carefully reviewed the RFP and have prepared an approach and scope of work that we believe will result in the development and approval of a robust AMMP that will serve as the framework for implementing the City's recycled water program.
It is our understanding that the City intends to submit a Petition for Change of Wastewater Discharge to the State Water Resources Control Board for its recycled water discharge to Cooper's Creek (Riverside County, CA). The water that is currently discharged to Cooper's Creek can then be delivered for direct or indirect reuse (such as irrigation or groundwater recharge). The City has recognized that reducing its discharge has the potential to impact downstream biological resources (e.g. creek and riparian habitat). To address the potential for impacts, the City will the AMMP, the objective of which is to establish a monitoring, analysis, and reporting framework that will document changes in the hydrogeologic system and biological resources as discharge is reduced and inform the need for implementing management measures that will mitigate impacts of the reduced discharge.
Our team has extensive experience working together to develop and implement complex water management programs, including development of monitoring and mitigation programs to address environmental, hydrogeologic, and biologic impacts of water resources projects. We believe that our team is well suited to support the City in achieving its recycled water use and discharge goals. We have a strong resume demonstrating successful outcomes for our clients, most particularly our team's support of the Chino Basin Watermaster in the development and implementation of its Optimum Basin Management Program, which includes a robust adaptive monitoring and mitigation program for the Prado Basin Habitat Sustainability Committee.
Our team has a successful approach and record in achieving our clients' objectives. We will do the same for the City in accomplishing the scope of services to develop an AMMP through our tried and true practices for project management and communication, which include:
1. Prior to entering into contract. We wilt work with the City to review the proposed scope of work and ensure we are in alignment on the project needs and objectives. Key milestones are defined as well as "off -ramps" that lead to revisiting the scope if initial investigations and analysis warrant a change to the project or approach. Through this process, the scope, schedule, and cost are refined as necessary to establish a final budget that considers any necessary contingencies to address challenges that may arise.
2. As early as possible, we identify the data and tools needed and available to support the project development, define the technical approaches that could be applied to meet the project objectives, and establish criteria to evaluate analytical outcomes. We strive to communicate when there are important data and analytical tool gaps that could impact the implementation of the scope of work so that adjustments to the scope of work and expected outcomes can be made.
3. We create a team whose skills match the unique needs of the project, including senior technical review at defined points within the scope. Our project team has a deep bench of skilled scientists, engineers, hydrogeologists, and biologists available to build a multi -disciplinary team that will ensure all aspects of the project are expertly addressed.
Torn Dodson & Associates, West Yost, and Jacobs
City of Beaumont
Adaptive Management and Mitigation Plan
4. We Communicate in a clear and timely manner. We pride ourselves on being responsible, approachable, clear, and professional. As technical experts, we must always strive to present complex information in a manner that leads to effective decision making. Communication skills are essential to ensuring maximum efficiency for activities such as conducting meetings, reporting to regulators, and providing data, information, or presentations to decision makers as well as stakeholders. Our team leaders have extensive experience working for, communicating with, and speaking on behalf of multi -stakeholder groups, such as the Chino Basin Watermaster and the Santa Ana Watershed Project Authority, among others.
5. Ensure that we have subject matter experts assigned to perform Senior Technical Review and OA/OC of Reports and Deliverables. We execute every project to ensure that our methods, data, and results can hold up to peer - review, regulatory scrutiny, and court processes. To ensure high -quality deliverables, our Project Manager will be responsible to ensure that principal -level technical experts review the team's work to ensure they meet the intended goals and objectives of the project and are prepared to the highest technical standards and are communicated in a clear and concise manner.
6. We perform regular project management reviews of the scope, schedule, and budget to track progress and report out on key project milestones and financial status. We will involve the City at the first indication of a challenge with the scope, schedule, or financial status, and work together to resolve the challenge.
The project manager and primary contact for our team is Kaitlyn Dodson -Hamilton with Tom Dodson and Associates, located at: Tom Dodson and Associates: P.O. Box 2307, San Bernardino, California 92406. Phone: (909) 882-3612 C. APPROACH
In this Section, we describe our team's approach to developing the AMMP, including our understanding of the Project, our articulation of the steps to accomplish the City's objectives, the technical approach to implementing the work, our project management approach, and our project budgeting approach.
Project Understanding
The AMMP approach, which is iterative in nature, is valuable in that it will allow the City to develop and implement a "right size" approach to characterizing and analyzing local physical and operational conditions. The level of analysis and monitoring performed over time can be tailored to the local physical conditions (hydrogeologic and biologic), the robustness of available data and analytical tools, and the feasibility of filling data gaps and enhancing analytical tools to support adaptive management. Based on our team's experience, the development of an AMMP is a multi -year process that evolves over multiple phases.
The RFP describes the following work to be performed by the consultant in developing an AMMP for the City:
• Assess the hydrologic and operational feasibility of diverting discharge from the current point of discharge on Cooper's Creek
• Identify the potential impacts to biological resources downstream of the Cooper's Creek discharge point • Assess the feasibility of implementing operation and mitigation alternatives • Develop a monitoring program to assess baseline conditions and support an adaptive management plan • Assist the City in seeking and applying for funding opportunities • Any additional services required or recommended to secure approval of the AMMP
Tom Dodson & Associates. West Yost. and Jacobs
City of Beaumont
Adaptive Management and Mitigation Plan
Technical Approach
The RFP defines a two-phase approach to developing the AMMP and performing the above listed work. We have reviewed the recommended phases and tasks and have developed a recommended technical approach to accomplish the work that includes all of the required tasks. Below we describe our articulation of the necessary steps to accomplish the City's objectives for preparing an AMMP and define an alternative phased approach to completing the work.
Steps to accomplish the City's Objectives
Based on our team's experience in developing and implementing similar adaptive management programs, we have articulated the following 12 steps as the approach to developing the AMMP:
1. Describe the Project and the objectives/requirements of the AMMP. This includes describing/defining the recycled water operations, change petition, future recycled water reuse, study area, and goals and objectives of the City.
2. Collect and review all relevant data, information, reports, and models/analyticaltools ( surface water and groundwater).
3. Characterize the historical extent/health of the biological resources within the Cooper's Creek floodplain up to the present day.
4. Characterize all factors that could have supported or affected the extent/health of the biological resources over time (e.g., surface -water discharge, groundwater levels, climate, pests, fire, etc.). Describe the relationships of these factors to the extent/health of the biological resources and define preliminary metrics for habitat sustainability.
5. Characterize the data and models (or analytical tools) that are available for assessing and projecting future hydrogeologic and biologic conditions and identify gaps in the available data and tools. Define approaches to improve the available data and tools. This step will include a review of the County of Riverside's Flow Ecology Investigation and its associated modeling tool/results.
6. Prepare Cooper's Creek Habitat Characterization and Sustainability Report. This report will summarize the results and conclusions of all prior steps, will describe preliminary metrics for habitat sustainability (e.g., depth to groundwater, surface -water discharge, etc.), and define a scope of work for (i) baseline monitoring /data collection and (ii) using existing, or developing new, models/tools for assessing the hydrologic and operational impacts and feasibility of reducing discharge to Cooper's Creek.
7 Assess the hydrologic feasibility of diverting at the current point of discharge. This would include performing predictive model simulations of the surface -water and groundwater hydrology of Cooper's Creek with and without the Project and comparing the model results against the preliminary metrics for habitat sustainability. Depending on the state of existing models and tools, this task may include:
o Construct and calibrate (or update) a surface -water model that is capable of simulating: (i) historical discharge in Cooper's Creek and (ii) future discharge in Cooper's Creek under climate change, water conservation, and various future wastewater discharge scenarios.
o Construct and calibrate (or update) a groundwater -flow model that is capable of simulating: (i) historical groundwater levels and GW/SW interactions within the alluvial aquifer and regional aquifer beneath Cooper's Creek and (ii) future groundwater levels and GW/SW interactions in Cooper's Creek under climate change, water conservation, and various future wastewater discharge scenarios.
8. Define potential project operations or other management actions to mitigate impacts to biologic resources.
9. Assess the engineering/operational feasibility of alternative project operations and management actions. This would include defining facility descriptions, level 5 cost opinions, and a CEOA checklist.
10. Prepare Cooper's Creek Discharge Hydrogeologic and Operational Feasibility Report. This report will summarize the results and conclusions of steps 7 through 9.
Tom Dodson & Associates, West Yost, and Jacobs
City of Beaumont
Adaptive Management and Mitigation Plan
11. Concurrent with steps 7 through 10, implement the first year of the baseline monitoring program defined in the Cooper's Creek Habitat Characterization and Sustainability Report.
12. Using the information from steps 1 through 10, prepare the AMMP report. This report will include the following chapters, at a minimum:
o Background.
• Project Description and Regulatory Requirements
• Description of the study area and Cooper's Creek hydrology/habitat [taken from Cooper's Creek Habitat Characterization and Sustainability Report]
■ Objectives of the AMMP
o Predicted changes in Cooper's Creek hydrology/habitat. [taken from Cooper's Creek Discharge Hydrogeologic and Operational Feasibility Report]
o Preliminary metrics for habitat sustainability. [taken from Cooper's Creek Habitat Characterization and Sustainability Report]
o Monitoring program. This section will describe the monitoring program to track the extent/health of the Cooper's Creek riparian habitat and the factors that could affect it. The initial years of monitoring preceding Project startup (and the historical characterization) wilt be considered "baseline" conditions. The monitoring program will consider outcomes of the initial year of baseline monitoring performed pursuant to the Cooper's Creek Habitat Characterization and Sustainability Report. The monitoring program will be designed to compare the monitoring data versus the preliminary metrics for habitat sustainability, which could trigger mitigation measures. o Potential mitigation measures. This section will provide a list of potential strategies to mitigate adverse impacts to the riparian habitat in the event that such impacts are identified by the monitoring program and attributed to Project implementation. [taken from Cooper's Creek Discharge Hydrogeologic and Operational Feasibility Report] o Annual reporting. This section will describe the commitment to prepare annual reports that document the monitoring program and data analysis. The AMMP will include an annotated table of contents for the Annual Report.
o Process to update the AMMP. This section will describe the process to revise the AMMP in the future based on the results and conclusions of the monitoring program. Revisions could include modifications to the monitoring program or the metrics for habitat sustainability.
In parallel to the technical work, the Team can provide support to the City in applying and negotiating terms of the change petition, communicating the project to interested and impacted stakeholders, and identifying grant opportunities.
Project Phases
The RFP defines a two-phase approach to developing the AMMP. We recommend organizing the above 12 steps into the following three phases:
1. Phase 1 — Characterize Historical and Current Conditions to Support Development of AMMP. Phase 1 includes steps 1 through 7 through the completion of the Cooper's Creek Habitat Characterization and Sustainability Report.
2. Phase 2 — Assess Feasibility of Reduced Discharge and Perform Initial Baseline Monitoring. Phase 2 includes steps 8 through 11. This phase should be performed in two -parallel processes:
a. Phase 2A - Assess Project Hydrologic and Operational Feasibility b. Phase 2B - Implement First year of Baseline Monitoring
3. Phase 3 — Prepare Adaptive Monitoring and Mitigation Plan. This Phase includes step 12.
Tom Dodson & Associates, West Yost, and Jacobs
City of Beaumont
Adaptive Management and Mitigation Plan
Grant Funding and USBR
The RFP requires that the AMMP meet all of the requirements of the Bureau of Reclamation reporting requirements of Title XVI-Water Reclamation and Reuse Program. The purpose of such a requirement is to be able to obtain grant funding, or comply with any grants received from the USBR to perform the project. Some elements of the Title XVI reporting are outside the scope of work envisioned for developing the AMMP. For these items, it is assumed that the City will provide or prepare the requisite information for Title XVI compliance. Alternatively, this work can be added to the scope at a later date, if requested by the City. The following items required for Title XVI compliance are not included in our proposed approach/scope of work.
• Providing a Crosswalk from the AMMP to a Title XVI Compliant format • Detailed description of current and projected water supplies, demands, or water quality concerns • Detailed description of water reclamation, recycling, and desalination opportunities • Description of technology options
• Economic Analysis
• Selection of Recycled Water Reuse project (we are focused on selection of discharge alternatives only) • CEOA considerations on the above bullets
• Legal and Institutional requirements for recycled water use • Financial capability of City to implement project
• Research needs beyond the data gaps and tools needed to assess hydrogeologic and biologic impacts of reduced discharges
Project Management Approach
TDA's project management will keep our internal, subconsultant, and City staff engaged and meet the project goals and objectives on time and within budget. Our proactive project management plans include monthly updates (or other frequencies as appropriate), coordinating team meetings, and oversight by our team's Principal -in -Charge and Project Managers. West Yost has developed additional tools to help our project managers and team maintain accountability and project momentum. In our view, the most important tool at our disposal is internal review for quality assurance and quality control (OA/OC), to ensure that the work product meets the standards we deem acceptable for the work product at hand.
The internal OA/OC will be undertaken by our team's Principal -in -Charge and Project Managers, between West Yost and Tom Dodson & Associates. The internal reviewer will conduct detailed technical review of the approach, technical findings, and project deliverables. Additionally, we value flexibility in our project management approach to meet the needs of the client, in this case the City of Beaumont, to ensure that the communication levels, management styles, and review processes meet the client's expectations.
Project Budget Approach
Our team has extensive experience in developing and implementing multi -year adaptive monitoring and management programs. Preparing cost estimates for multi -year, multi -phase work can be challenging because the scope of work in later phases is directly impacted by the conclusion of preceding phases. For this reason, we have prepared a budget (See Cost Proposal under separate cover), that provides a detailed line -item estimate for the tasks in Phase 1 and a range of potential costs for the tasks in Phases 2 and 3, based on our experience in performing similar work.
Torn Dodson & Associates, West Yost, and Jacobs
City of Beaumont
Adaptive Management and Mitigation Plan
D. FIRM PROFILE
Tom Dodson and Associates
Tom Dodson and Associates (TDA), incorporated in 1983, is a small environmental consulting and regulatory compliance firm located in San Bernardino. The principal partners, Tom Dodson (President) and Kaitlyn Dodson -Hamilton (Vice President), are directly involved in day-to-day operation of the firm and are also involved in each project undertaken by TDA. This approach provides the company owners with direct knowledge and oversight for each project, thus ensuring that each project receives the firm's high standard for product quality. A common theme of all TDA projects is compliance with environmental requirements while meeting project schedules. TDA works with clients to meet schedules and identify reasonable and ethical environmental requirements. For every project, TDA has found there is a mutually acceptable balance between development goals and the need to protect the environment. TDA strives to define this balance for clients and regulators and present workable solutions that both parties can accept as the basis for implementation of projects.
With over 50 years of collective experience in environmental problem -solving, TDA has been remarkably successful in meeting objectives.
TDA has partnered with West Yost in response to this proposal. TDA s required to meet the needs to the scope of services discussed under " the expert team performing the majority of the project tasks.
West Yost is a consulting engineering firm that was founded in 1990. Our focus is exclusively water, wastewater, recycled water, groundwater, and stormwater. We have broad
experience in providing planning, design, construction
management, and program management services in these
areas.
West Yost is headquartered in Davis, California, and has about 225 staff members in nine offices in California, Oregon, and Arizona. Our staff includes certified or registered professionals in chemical, civil, control systems, electrical, environmental, and mechanical engineering; wastewater treatment and
regulatory compliance; geology, engineering geology, and hydrogeology; architecture; GIS; cybersecurity and risk management; asset management and condition assessment;
project management; and construction management and
inspection services.
hall serve as project manager overseeing the tasks
G. Scope of Services," while West Yost shall serve as
OREGON
Lake Oswego
CAUFORNIA
Concord
Davis (Corporate HQ)
Lake Forest
Oceanside
Pieasonton
Sacramento
Sonia Rosa
ARIZONA
Phoenix
Tom Dodson & Associates, West Yost, and Jacobs
City of Beaumont
Adaptive Management and Mitigation Plan
West Yost's groundwater team offers a full -service approach across the entire spectrum of disciplines from which we can build diverse, multi -disciplinary teams with the skills and experience that will bring innovative and efficient solutions to meet the unique needs of our clients. Our areas of
expertise include: groundwater management planning
(including SGMA compliance); hydrogeologic investigations; surface and groundwater modeling; land subsidence
management; salt and nutrient management planning;
development and implementation of monitoring programs;
monitoring and management of groundwater dependent
ecosystems; water rights compliance and reporting;
regulatory and permitting assistance; database management; well rehabilitation and new municipal and ASR well design; managed aquifer recharge (MAR); and funding assistance.
Jacobs Engineering
TDA has a relationship with Jacobs because of Lisa Patterson —their California and Southwest Operating Divisions Lead — who previously worked for TDA for more than 20 years. In total, Lisa Patterson has teamed with TDA for about 30 years as an Ecologist, Biologist, and Regulatory Specialist. Jacobs has proven expertise guiding clients through the environmental permitting and regulatory compliance process in challenging environments throughout the United States. Jacobs combines decades of experience in permitting projects in areas of sensitive water resources, threatened and endangered species and vital natural resources. In addition, Jacobs has the toots to identify potential impacts to biologic resources and develop monitoring program to characterize baseline condition pursuant to Phase 1: Tasks 5 and 6, and Phase 2b.
E. FIRM LOCATION
Tom Dodson and Associates
Mailing Address: PO Box 2307, San Bernardino, CA 92406
Physical Address: 2150 N. Arrowhead Avenue, San Bernardino, CA 92405 F. PROPOSED TEAM
Tom Dodson & Associates
Tom Dodson, MA will serve as the Tom Dodson & Associates Principal -in -Charge. Tom is the President of Tom Dodson and Associates since its incorporation. He has more than 40 years of experience in the environmental consulting world. He personally prepares environmental documentation for a broad variety of projects and acts as a resource person in working with clients, governmental agencies, and decision -makers in finding solutions to complex problems. He negotiates with regulators at the federal, state, and local level, and designs formal presentations to committees. He serves as program manager on many projects undertaken by the firm and maintains close contacts with subconsultants and specialists who can provide technical information, as needed, in a timely manner.
Tom Dodson & Associates, West Yost, and Jacobs
City of Beaumont
Adaptive Management and Mitigation Plan
Kaitlyn Dodson -Hamilton.:, will serve as the Tom Dodson & Associates Project Manager. Kaitlyn is an Environmental Specialist for Tom Dodson and Associates. Ms. Dodson -Hamilton has more than eight years of experience at TDA in environmental and resource management, with special expertise in CEOA and NEPA compliance. She has over 10 years of part-time experience providing support at TDA in research and mapping for CEOA, NEPA, and regulatory purposes at TDA.
Ms. Dodson -Hamilton personally prepares environmental documentation for a broad variety of CEOA and NEPA projects, as well as regulatory permits for the State Department of Fish and Game, U.S. Fish and Wildlife Service, and the U.S. Army Corps of Engineers. She works in conjunction with Tom to work with clients, governmental agencies, and decision -makers to find solutions to complex problems. For this Project, she will be the CEOA lead, in preparation of the necessary CEOA documentation to complete Phase 2. Tom and Kaitlyn will work in conjunction to accomplish this task based on the results of Phase 1.
West Yost
Samantha Adams, MESM will serve as the West Yost Principal -in -Charge. Samantha will be a secondary CIpoint of contact for the City and will support the Project Manager by ensuring that the requisite West Yost j project team resources are available and that work is performed in accordance with the approved project x approach, or as directed by the City and TDA. Samantha has 17 years of professional experience in water resources management and has overseen the development of numerous groundwater management plans, salt and nutrient management plans, and monitoring and reporting programs throughout the Santa Ana River watershed and elsewhere in southern California.
will serve as the project Technical Advisor and OA/OC Reviewer. Andy has over 25 years of professional experience in water resources consulting and in geologic sciences. His technical expertise includes basin characterization, hydrogeologic and hydrologic analyses, aquifer mechanics, land subsidence, groundwater dependent ecosystems, and development of monitoring programs to support groundwater management. Andy currently serves as the technical advisor for the Chino Basin Watermaster's Prado Basin Habitat and Sustainability Program, for which he has served an integral role in developing and implementing the Prado Basin Adaptive Monitoring and Mitigation Program since 2014.
Veva Weamer, MS will serve as the Lead Project Scientist for the development of the AMMP. Veva has 15 years of experience in groundwater management. Her expertise includes SGMA compliance, surface and groundwater monitoring program design and implementation, groundwater dependent ecosystems, database management, water quality monitoring and analysis, salt and nutrient management planning, and regulatory compliance reporting. Veva is the project manager the Chino Basin Watermaster's Prado Basin Habitat and Sustainability Program, for which she has served an integral role in developing and implementing the Prado Basin Adaptive Monitoring and Mitigation Program since 2014. will serve as a project scientist, supporting review of models, developing modeling approaches, and supporting data management. Eric has 30 years of experience in the water resources industry focused on research and application of numerical groundwater and surface water modeling, 3D Visualization, software development, data management, planning and decision analysis, and GIS. Eric is West Yost's chief groundwater and surface water modeler. In addition, he develops and applies HydroDaVE — a cloud based groundwater and surface water data management system that enables users to remotely
Tom Dodson & Associates. West Yost, and Jacobs
City of Beaumont
Adaptive Management and Mitigation Plan
manage, visualize, analyze, and share groundwater, surface water, climatic data, model results, and gridded data sets (like NDVI) on a map based user interface.
Carolina Sanchez, PE will serve as the project engineer to support surface water data analysis and modeling.
Carolina has over nine years of experience in water resources engineering and groundwater management.
Her expertise includes recharge master planning, surface water modeling, salt and nutrient management planning, Watermaster services, leading multi -stakeholder groups through decision making processes, and groundwater management planning.
Lucy Hedley, MESM will serve as the project engineer to support data collection and analysis. Her areas of expertise include regulatory support and compliance reporting, management of field groundwater and surface water monitoring programs, analysis of water quality data, implementation of salt and nutrient management plans, utilization of visual tools to analyze the interactions between surface water and groundwater, groundwater dependent ecosystems, and database management. Lucy currently serves as a project scientist for the Prado Basin Adaptive Monitoring and Mitigation Program.
Jacobs
Lisa Patterson will serve as senior project biologist, assessing potential impacts to biological resources utilizing the existing discharge point under a reduced base flow regime as outlined in the RFP to develop a monitoring program to characterize baseline habitat conditions. Lisa will work with the West Yost and TDA teams to develop a monitoring plan to determine the impacts on biological resources from further reductions in flow. With over 30 years of experience, Lisa is a Senior Ecologist and an expert delivering environmental work with IEUA, Water Districts, Light and Class 1 Rail clients nationwide. She is a regulatory specialist and is responsible for preparing and obtaining regulatory permits, managing compliance of regulatory permits, and conducting a wide range of studies and evaluations for absence or presence of endangered species (plants and animals), habitat assessments, biological assessments, impact analyses, mitigation plans, implementation plans, construction monitoring, general biological surveys protected species studies. replacements.
Daniel Smith will serve as project biologist, performing the fieldwork and surveys necessary to support the development of the monitoring program. Daniel will also assist in any write ups resulting from the survey results. Daniel has 13 years of direct environmental consulting experience with BNSF Railway Company, supporting BNSF's Structures Division. He has conducted and/or assisted in conducting protocol USFWS and CDFW threatened and endangered species surveys and jurisdictional waters assessments. He has also prepared permit applications and monitored permit compliance, providing full project cycle management and reporting. Daniel has conducted jurisdictional waters delineations conforming to USACE and RWOCB standards on project sites throughout California.
Individual Resumes can be found as Attachment 2 to this Proposal.
Tom Dodson & Associates. West Yost, and Jacobs
City of Beaumont
Adaptive Management and Mitigation Plan
ORGANIZATIONAL CHART
PRINCIPALS -IN -
CHARGE
Tom Dodson
Samantha Adams
BptgkipNT
PROJECT MANAGER
Kaitlyn Dodson -
Hamilton
TECHNICAL ADVISOR
and QA/QC REVIEWER
Andy Malone, PG
BIOLOGICAL
ASSESSMENT AND
MONITORING
Usa Patterson
Daniel Smith
Team Member Affiliations:
Tom Dodson & Associates
West Yost
Jacobs
F. REFERENCES
CEQA
Tom Dodson
Kaltlyn Dodson -
Hamilton
MONITORING AND MITIGATION
PROGRAM DEVELOPMENT
Weer
Eric W.H. Chiang, PhD
Carolina Sanchez, PE
Lucy Hadley
Our Team has compiled 6 project references to demonstrate our team's experience with similar projects. For each project, client contact information is provided (name, agency, email, phone number). All projects were active within the last five years. The projects included are:
TDA References
INLAND EMPIRE UTILITIES AGENCY
Chino Basin Program (CBP) Environmental Impact Report (2021-2022) PROJECT TEAM: Kaitlyn Dodson Hamilton, Tom Dodson, Lisa Patterson, Daniel Smith, in addition to team members at West Yost (Carolina Sanchez, Mark Wildermuth, Garrett Rapp, Lauren Sather, and Samantha Adams) and many other technical subconsultants.
r._l _. ._.. ,, I Ms. Elizabeth Hurst, Chino Basin Program Manager • Tel: (909) 993-1646
• Email: [email protected]
• Address: 6075 Kimball Avenue Chino, CA 91708
Tom Dodson & Associates. West Yost. and Jacobs
City of Beaumont
Adaptive Management and Mitigation Plan
The CBP was submitted for Proposition 1 — Water Storage Investment Program (WSIP) funding and was awarded $206.9M in conditional funding in July 2018. Under the WSIP, the CBP is proposed to be a 25 -year conjunctive use project that proposes to use advanced water purification to treat and store up to 15,000 AFY of recycled water in the Chino Basin and extract the water during call years. TDA prepared the Program Environmental Impact Report, and served as Project Manager overseeing the preparation of all technical studies, providing input to the Grant Feasibility Studies, and reviewing the Hydrology Studies prepared by West Yost in support of IEUA's Chino Basin Program. The preparation and processing of this PEIR was notable for the short time available to prepare, process and certify the PEIR (essentially two months) and team with another IEUA on -call environmental firm (Rincon) to successfully complete the effort in order to stay in the running to receive up to about $210 million dollars from the State. TDA and Rincon worked together seamlessly to produce this document and relied upon a variety of sources to produce a document with 4,534 pages, including technical appendices.
The biological resources research, and preparation of the biological resources assessment and extensive responses to biological resources comments on the EIR were prepared by Jacobs in conjunction with TDA. The City of Ontario has chosen to file a legal challenge to this CEOA document which is currently in process. Regardless, this effort was commendable by the whole of the Project Team, and exemplifies the efficiency and collaboration of the Project Team that TDA worked with to complete this effort.
CHINO BASIN WATERMASTER
Optimum Basin Management Program (OBMP) and Optimum Basin Management Program Update (OBMPU) Environmental Impact Report (2000 -present)
PROJECT TEAM: Kaitlyn Dodson Hamilton, Tom Dodson, Lisa Patterson, Daniel Smith, in addition to team members at West Yost (Carolina Sanchez, Mark Wildermuth, Garrett Rapp, Lauren Sather, and Samantha Adams) and many other technical subconsultants.
REFERENCE: Mr. Edgar Tetlez Foster, Water Resources Management and Planning Director • Tel: (909) 484-3888
• Email: etetlezfoster cbwm.org
• Address: 9641 San Bernardino Road, Rancho Cucamonga, CA, 91730 The OBMP was developed in a collaborative public process that identified the needs and wants of all Stakeholders of the Chino Groundwater Basin, described the physical state of the groundwater basin, defined a set of management goals, characterized impediments to those goals, and developed a series of actions that could be taken to remove the impediments and achieve the management goals. In 2000, TDA prepared the PEIR for the OBMP, and has prepared all subsequent CEOA documentation for the Chino Basin Watermaster, including the current OBMPU. TDA was given from December 2019 through March 2020 to prepare and initiate processing of a major EIR which would typically require six to nine months — more than the time allotted. TDA developed the strategy to meet the deadlines; organized the project team and assigned technical studies to be prepared over a short period of time; and creatively assisted IEUA, the CEOA Lead Agency, to complete the AB 52 consultation process. TDA must acknowledge that our team member WEI (now West Yost) made major contributions to our ability to meet this schedule. We published an Initial Study in February 2020; published the SEIR by the end of March of 2020. This Project Description for this document was revised and therefore, the document is being recirculated to address these updates. TDA has collaborated with Jacobs, and West Yost to work towards a final draft that will be ready for circulation summer of 2023. As the environmental consultant for the Chino Basin Watermaster and IEUA for the past 20+ years, TDA understands the need for meeting deadlines, understanding agency collaborations and agency mechanics, and applies this to all new client relationships.
Tom Dodson & Associates. West Yost. and Jacobs
City of Beaumont
Adaptive Management and Mitigation Plan
SOUTH COAST WATER DISTRICT
Aliso Creek Discharge Reduction Feasibility Investigation (2022-2023) PROJECT TEAM: Kaitlyn Dodson Hamilton, Tom Dodson, Lisa Patterson, in addition to team members at West Yost (Carolina Sanchez and Mark Wildermuth)
REFERENCE: Rick Shintaku, General Manager
• Tel: (949) 499-4555, ext. 3156
• Email: Rshintaku(a)scwd.orc
• Address: 6075 Kimball Avenue, Chino CA 91708
South Coast Water District (District) proposed the Aliso Creek Urban Runoff Recovery, Reuse and Conservation Project (Project) to capture and reuse urban runoff in Aliso Creek in Laguna Beach, California. The District constructed the diversion and related treatment plant improvements to enable the diversion, treatment, and conveyance of the diverted water for non -potable uses in its service area. The District had not been able to divert water from Aliso Creek due to dry -weather creek discharges being less than the permitted minimum 4.77 cfs bypass flow requirement when non-potabte water demand for creek water occurs. TDA, in conjunction with Jacobs and West Yost, aided the District in its process to amend its diversion permit. The scope consisted of assess the hydrologic and operational feasibility of continuing to divert at the current point of diversion and at two other points of diversion located downstream from the current point of diversion. This effort included a field survey and research: to identify (but not assess) potential impacts to biologic resources of at the existing and potential new downstream points of diversion under a reduced base flow regime; and development of a monitoring program to characterize baseline biologic and hydrologic conditions. This effort has been completed, and the District has moved forward with the monitoring program recommendations to establish a baseline and determine the point at which future diversions would cause significant downstream impacts.
West Yost Associates References
CHINO BASIN WATERMASTER, RANCHO CUCAMONGA, CA
Prado Basin Habitat Sustainability Program (2014 to Present — ongoing project)
TEAM: Veva Weamer, Andy Malone, Eric Chiang, Lucy Hedley REFERENCE: Peter Kavounas, General Manager,
9641 San Bernardino Road, Rancho Cucamonga, CA, 91730,
pkavounasOcbwm.org, 909-484-3888
Challenge. The Prado Flood -Control Basin in southern Chino Basin (Prado Basin) is the largest riparian forest in southern California and provides critical habitat for several threatened or endangered species.
Depth to groundwater is relatively, which allows for groundwater/ surface -water interaction. The Chino Basin Watermaster is implementing groundwater -supply programs that include controlled overdraft of the southern basin, which could result in groundwater -level declines near the Prado Basin. The Subsequent Environmental Impact Report for the groundwater -supply program identified the lowering of groundwater levels as a potential adverse impact to the riparian vegetation in the Prado Basin that consumptively use shallow groundwater.
Project Details. To ensure that the riparian habitat will not incur unforeseeable significant adverse effects, the Watermaster developed and implemented an adaptive management program (AMP)that includes: (i) convening a committee of stakeholders
Tom Dodson & Associates, West Yost, and Jacobs
City of Beaumont
Adaptive Management and Mitigation Plan
to supervise the AMP, (ii) conducting a comprehensive monitoring program, (iii) annual reporting on the results and conclusions of the monitoring program, and (iv) adapting the AMP and the monitoring program as appropriate to ensure habitat sustainability. West Yost developed the AMP from 2014 to 2016, which included design and construction of 16 monitoring wells located near the riparian habitat to track changes in groundwater levels within the shallow or perched aquifer systems.
The monitoring program, which has been implemented by West Yost since 2016, provides for the annual collection and analysis of:
• The extent and quality of the riparian habitat over time, which includes acquisition and analysis of remote -sensing data from the Landsat program (NDVI), high -resolution aerial photography, and field vegetation surveys. • High -frequency groundwater level data to characterize groundwater level trends regionally and near the riparian habitat • Groundwater and surface water quality data to characterize the groundwater/surface water interactions that are important to sustainability of the riparian habitat.
• Other factors that could potentially impact the habitat, including surface -water, precipitation, temperature, wildfire, and pests, among others.
• Groundwater -flow model projections of future drawdown to identify areas of prospective impacts on riparian habitat.
Successful Outcomes
• The Watermaster has published seven annual reports as of 2023. • The findings have demonstrated:
o There is no trend in degradation of the riparian habitat that is contemporaneous with decreasing groundwater levels. o The observed changes in habitat greenness (increases and decreases) can be attributed to trends in climate, stream discharge, and the presence (or not) of an invasive pest that harms trees.
WESTERN RIVERSIDE COUNTY REGIONAL WASTEWATER
AUTHORITY, RIVERSIDE, CA
Monitoring and Reporting Services for the WRCRWA Adaptive Management and Monitoring Program (2018 to Present — ongoing project)
TEAM: Veva Weamer, Lucy Hedley
REFERENCE: Mallory Gandara, Water Resources Specialist, 14205 Meridian Parkway, Riverside, CA, 92518, mandaraAwmwd.com, 951-571-7296
Challenge. The Orange County Water District (OCWD) Santa Ana River Diversion Canal (OCWD Canal) is an unlined canal located within the Prado Flood Control Basin that provides crucial surface water diversion to the OCWD wetlands. The OCWD wetland is home to several critical habitat and endangered species such as the Southwestern Willow Flycatcher and the Santa Ana Sucker. The Western Riverside County Regional Wastewater Authority (WRCWA) treatment plant often discharges its treated wastewater (effluent) into the canal, between the Santa Ana River Diversion Point and the OCWD wetlands. In 2012, WRCWA petitioned for the State Water Board to eliminate its effluent discharges. However, the State Board identified concerns that reduced discharge has the potential to impact the riparian habitat downstream of the WRCWA discharge location.
Diversion or Discharge Location
Vegetation Monitoring Quadrat (25 m2i
• WRCRWA Monitoring Well
0Q9
MW i
r5 a 6r),
Project Details. To address the State Board concerns, WRCRWA developed the 2017 Adaptive Management and Monitoring Program (AMMP), the objective of which is to establish baseline conditions (Phase 1), and, after discharges are reduced,
Torn Dodson & Associates, West Yost, and Jacobs
City of Beaumont
Adaptive Management and Mitigation Plan
determine if the reduction of effluent discharge negatively impacts the quality of riparian habitat downstream of the discharge (Phase 2). The AMMP consists of quantitative and qualitative vegetation monitoring of riparian habitat, performing annual survey of Least Bells' Vireo nesting/territory locations, the construction of monitoring wells, and hydrologic monitoring.
WRCWRA contracted with West Yost in 2018 to perform the hydrologic monitoring, which consists of measuring groundwater and surface water levels via pressure transducers with dataloggers. In 2020, the West Yost scope of work was expanded to include partnering with a biology subconsultant to analyze the annual monitoring data and characterize the current hydrologic and riparian habitat conditions to document the baseline condition of the system prior to reducing WRCRWA's discharges. The results are documented in an annual report that is submitted to the State Board.
Key Findings
Key findings from Phase 1 include:
• Vegetation monitoring reports from fall 2021 and early summer 2022 showed healthy habitat, dominated by native riparian habitat.
• Riparian habitat can access the shallow groundwater, (less than 15 feet below the groundwater surface) making it a groundwater dependent ecosystem (GDE).
• Groundwater elevations are mainly controlled by regional recharge and pumping rather than daily variations in WRCWRA effluent discharge or flow in the OCWD canal.
• In the Oxbow Pond, shallow groundwater is the main source of surface water and was found to have no relationship with the effluent discharge.
In the next phase of work, these findings will inform the long-term monitoring necessary to assess impacts to the habitat as the discharges are reduced.
SAN JUAN BASIN AUTHORITY,
SAN JUAN CAPISTRANO/RANCHO SANTA MARGARITA, CA
Water Rights Compliance, Groundwater Management, and Monitoring and Reporting Programs (2010 to Present, ongoing project) TEAM: Samantha Adams, Eric Chiang, Carolina Sanchez, Lucy Hedley REFERENCE: Dan Ferons, General Manager of Santa Margarita Water District, 26111 Antonio Parkway, Rancho Santa Margarita, CA, 92688, danf(lvsmwd.com, 949-459-6590
Challenge. The San Juan Basin is a narrow alluvial basin adjacent to the Pacific Ocean in south Orange County, CA, which, from a water rights perspective, is regulated by the State Water Resources Control Board as flow of an underground stream. The Authority holds a Permit for Diversion and Use of Water, which outlines numerous terms and conditions under which the SJBA may extract and use water from the San Juan Basin, including: limits on pumping; monitoring protocols for groundwater pumping, levels, storage, and quality, and riparian vegetation; protection against seawater intrusion; maintaining adequate water in storage, and maintenance of water levels that support riparian vegetation.
Project Details. West Yost was retained in 2010 to implement the SJBA's water rights monitoring and reporting program.
West Yost's routine services include: implementing and adapting field groundwater and surface -water monitoring programs, collecting environmental datasets from numerous cooperating entities, managing and analyzing the data, preparing annual reports, submitting water -level data to the DWR in compliance with CASGEM, managing biology sub -consultants,
Tom Dodson & Associates, West Yost, and Jacobs
City of Beaumont
Adaptive Management and Mitigation Plan
participating in the Authority's Technical Advisory Group through preparation of meeting materials and attendance at meetings, and preparing presentations to the SJBA's Board of Directors. West Yost also prepares the annual Adaptive Pumping Management (APM) Plan, which sets annual pumping limits that ensure protection of water levels that are supportive of riparian vegetation and protective against seawater intrusion. Other non -routine groundwater management services include: well siting investigations, geophysical investigations, surface and groundwater modeling, and evaluation of groundwater management alternatives.
Successful Outcomes
• In 2013, West Yost prepared the San Juan Basin Groundwater Management and Facilities Plan, which expanded the Authorities monitoring and reporting program beyond what is required by water rights permits to improve water resources management.
• In 2014, water levels were declining due to a combination of prolonged drought and pumping. As a result of the expanded monitoring program, West Yost was able to detect the onset of seawater intrusion and make recommendations for measures to stop and reverse it.
• In 2016, West Yost developed the Adaptive Pumping Management Plan, a first of its kind report for the San Juan Basin, which sets annual pumping limits based on current basin storage and climate conditions to ensure compliance with the SJBA's water rights permit. It includes monitoring protocols that allow for adaptation during the year, and over time. • In 2023, West Yost updated and recalibrated the integrated surface and groundwater flow model of the San Juan Basin to support the development of the 2023 APM Plan, support development and implementation of recharge project concepts, and support development of strategies to optimize pumping in the riparian habitat area and associated mitigation strategies, if needed.
Jacobs References
• Aliso Creek Discharge Reduction Feasibility Investigation, South Coast Water District (2022-23) o See TDA reference and description of services.
• Biological Survey, Monitoring, and Reporting for the Optimum Basin Management Program, and Optimum Basin Management Program Update, Chino Basin Watermaster (2000 -Present) o See TDA reference and description of services.
• Biological Survey, Monitoring, and Reporting for the Chino Basin Program (2022), Inland Empire Utilities Agency o See TDA reference and description of services.
The full scope of services is provided as per the RFP.
The graphic on the following page depicts the estimated project schedule. For teach task the graphic shows the task duration in months.
Tom Dodson & Associates, West Yost, and Jacobs
City of Beaumont
Adaptive Management and Mitigation Plan
We estimate the work will take at least three years to complete and up to three and a half years to complete. The precise schedule beyond Phase 1 is difficult to predict as the exact scope of work in Phases 2 and 3 will be dependent on the outcomes of the prior phase.
We assumed a start date of October 1, 2023. The schedule shows:
• Phase 1 work will take one year to complete (October 2023 through September 2024) • Phase 2 work will take about one and a half to two years to complete:
o Shorter estimate: October 2024 through April 2026
o Longer estimate: October 2024 through September 2026
• Phase 3 work will take about one year to complete
Based on the projected schedule, the AMMP could be complete sometime between August 2026 and February 2027.
Schedule to Prepare City of Beaumont Adaptive Management and Mitigation Plan Proposa(Phase/lask Ma=-- 2024 2025
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Task 3- Characterize Historical Discharge and Surface Water Flow Hydrology i
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Task 4 - Characterize Historical Riparian Habitat Health (NDVO Task 5- Characterize Historical and Existing Biological Resources _
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Task 6- Identify Potential impacts to Biological Resources from Reduced Dischar,ietoCoo, ersCreek
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Task 7 -Assess Available Tools for Analyzing Surface Water and Groundwater liiiiPcts
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Task 11- Identification of Conceptual Project Mitigations to Biologic Resources i
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Task 12 - Assess Engineering Feasibility of Operational Alternatives and Mitigation Actions
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Task 13 - CEQA Checklist Evaluation of Project Alternatives l
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Task 14 - Prepare Cooper's Creek Discharge H ydrogeologic and Operational Feasibib7l Report
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Phase 28 - Imple ment Baseline Monitorm.;
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Task 15 - Implement first year of Baseline Monitoring program ", r
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Task 16- Prepare scope of work and cost estimate to prepare the AMMP Phase 3 - Prepare Adaptive Monitoring and Mitigation Plan _ Task 17 - Phase 3 Project Management and Meetings
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Task 18 -Prepare the AMMP
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Tom Dodson & Associates, West Yost, and Jacobs
City of Beaumont
Adaptive Management and Mitigation Plan
I. OUTSTANDING CONTRACTS WITH THE CITY OF BEAUMONT
TDA and our Project Team members have no outstanding contracts with the City of Beaumont.
J. ADDITIONAL INFORMATION AND SERVICES
Other Work to Support the City's Change Petition and Approval of the AMMP In parallel to the technical work in Phases 1, 2, and 3, the Team can provide support to the City in applying and negotiating terms of the change petition, communicating the project to interested and impacted stakeholders, and identifying grant opportunities. This work will be performed at the direction of the City on an as -needed basis.
K. LIABILITY INSURANCE
TDA will furnish professional liability insurance that will go into effect at the time of contract execution to include liability at a minimum of one million per occurrence, worker's compensation, and vehicle coverage including comprehensive and collision insurance naming the City of Beaumont as additional insured.
ATTACHMENT 1: SCOPE OF SERVICES
FOR THE CITY OF BEAUMONT
ADAPTIVE MANAGEMENT AND MITIGATION PLAN
Submitted to:
Ccitlatticv
Submitted by:
Tom Dodson and Associates
P.O. Box 2307
San Bernardino, California 92406
(909) 882-3612
In Partnership with:
West Yost
23692 Birtcher Drive
Lake Forest, CA 92630
(949) 420-3030
and
Jacobs
(Lisa Patterson, Biological Resources/Regulatory Team)
Proposal Due Date and Time:
July 25, 2023
2:00 p.m.
Tom Dodson & Associates, West Yost, and .lacobs
City of Beaumont
Adaptive Management and Mitigation Plan — Scope of Services G. SCOPE OF SERVICES
The full scope of services is provided under a separate cover, per the RFP.
This section describes the proposed scope of services to develop the AMMP. As presented in Section C - Approach our recommended approach is to perform the steps to complete the AMMP in three Phases as follows:
• Phase 1 - Characterize Historical and Current Conditions to Support Development of AMMP • Phase 2 - Assess Feasibility of Reduced Discharge and Perform Initial Baseline Monitoring • Phase 3 - Prepare Adaptive Monitoring and Mitigation Plan and Continue Baseline Monitoring As noted in Section C, the recommended phasing and order of tasks is different than the order of work presented in the RFP. To help the City understand how the recommended scope of work maps to the Phases and Tasks in the RFP we prepared a table (Table 1) to show how each task of the recommended scope of work maps to the phases and tasks identified in the RFP. To the extent that an item in the recommended scope of work is understood to be in addition to the tasks in the RFP, Table 1 identifies the Task as "ADDITIONAL WORK".
The scope of work for Phases 1, 2 and 3 is below. Phase 1 is described in detail below whereas Phases 2 and 3 are described at a conceptual level that is subject to change based on the outcomes of the preceding phases and tasks.
Following the description of the three Phases is a characterization of additional tasks that can be performed by the team to support the City in applying for and negotiating terms of the change petition, communicating the project to interested and impacted stakeholders, and identifying and applying for grant opportunities - as requested in the RFP. These are tasks that would be relevant to all phases of work to develop the AMMP.
PHASE 1- CHARACTERIZE HISTORICAL AND CURRENT CONDITIONS TO SUPPORT DEVELOPMENT OF AMMP.
Task 1 -Phase 1 Project Management and Meetings The objective of this task is to administer Phase 1 of the project in coordination with City Staff. This includes holding a project kick-off meeting, conducting monthly check -in calls on project progress, and performing routine project management activities (staffing, tracking project schedule and budget, managing subcontractors). This task also assumes the team will make one presentation to City Council, if requested.
Task 2 - Establish Initial Goals, Objectives, and Project Performance Criteria. The objective of this task is to work with City staff to describe the project (recycled water operations, change petition, future recycled water reuse, study area), define the City's goals and objectives for adaptive management and project performance. The team will hold one meeting with the City to draft the information, document the goals, objectives, and criteria in a draft task memorandum (TM), hold one meeting to review City comments, and produce a final TM that addresses the City comments. This TM will serve as a guidance document to support various efforts throughout the project.
Tom Dodson & Associates, West Yost, and Jacobs
City of Beaumont
Adaptive Management and Mitigation Plan — Scope of Services Task 3 - Characterize Historical Discharge and Surface Water Flow Hydrology. The objective of this task is to collect, review, and analyze all available data relevant to surface water flow and wastewater discharge (climate/precipitation, water conservation, discharge, surface water flow, groundwater levels, etc.). Explanatory graphics will be prepared to characterize historical surface water flow and groundwater conditions and the relationship to the factors that contribute to short term and long-term variations in the observed record.
Task 4 - Characterize Historical Riparian Habitat Health (NDVI). The objective of this task is to collect historical Normalized Difference Vegetation Index information (NDVI) information that can be used to characterize the time history of the extent and health of the riparian habitat in Cooper's Creek. NDVI is calculated from radar imaging collected by NASA satellites. NDVI data is available for a nearly 40 -year period and can be used to develop a detailed understanding of how the riparian habitat has changed over time. Explanatory graphics will be prepared to characterize historical habitat conditions and the relationship to the factors that contribute to short term and long-term variations in the observed record.
Tasks - Characterize Historical and Existing Biological Resources The objective of this task is to collect and analyze available data on the biological resources in the project area. The team will review the prior biologic resources assessment used to obtain the City's existing discharge permit, review habitat conditions in the field, collect and review reports and data from other relevant investigations. This information will be used to identify the potential impacts to biologic resources when the City reduces its discharges to Cooper's Creek. Exhibits will be prepared to characterize the biologic resources.
Task 6 - Identify Potential Impacts to Biological Resources from Reduced Discharge to Coopers Creek. The objectives of this task are to characterize all the factors that could have supported or affected the extent/health of the biological resources over time, describe the relationships of these factors to the extent/health of the biological resources, and define preliminary metrics for habitat sustainability. In this task, any data gaps that exist will be identified. The impacts, proposed metrics, and data gaps will be documented for review and input by the City. The team will conduct one meeting with the City to refine the characterization of potential impacts, sustainability metrics, and data gaps. The City's comments will be used to update this information for inclusion in the Phase 1 report in Task 8.
Task 7- Assess Available Tools for Analyzing Surface Water and Groundwater Impacts. The objective of this task is to collect and assess all available surface and groundwater models or analytical tools that could potentially be used to assess hydrogeologic impacts of reduced discharge to Cooper's Creek. This will include a review of the County of Riverside's modeling and related work for the Flow Ecology investigation into Cooper's Creek. An outcome of this task will be articulation of the level of analysis necessary to support development of the AMMP (what is the "right size" level of work to support the City's project) and characterize the ability to use the existing surface and groundwater models/tools in Phase 2 to assess reduced discharges to Cooper's Creek.
Task 8 - Prepare Cooper's Creek Habitat Characterization and SustainabilityReport The objective of this task is to prepare a detailed report summarizing the results and conclusions of Tasks 2 through 7. The report will describe preliminary metrics for habitat sustainability and define a scope of work for (i) baseline monitoring/data
Tom Dodson & Associates, West Yost, and Jacobs
City of Beaumont
Adaptive Management and Mitigation Plan — Scope of Services collection and (ii) using existing, or developing new, models/tools for assessing the hydrologic and operational impacts and feasibility of reducing discharge to Cooper's Creek. The Cooper's Creek Habitat Characterization and Sustainability Reportwi II form the technical basis for analyzing the feasibility of alternative discharge scenarios in Phase 2. The report can also be used to support applications for grant funding of future phases of work.
PHASE 2 — ASSESS FEASIBILITY OF REDUCED DISCHARGE AND PERFORM INITIAL BASELINE MONITORING In this phase of work the scope of work defined in the Coopers Creek Habitat Characterization andSustainability Reportwill be implemented. This work will be performed in two -parallel processes:
• Phase 2A - Assess Project Hydrologic and Operational Feasibility • Phase 2B - Implement First year of Baseline Monitoring The tasks to complete Phase 2 are:
Task 9- Phase 2Project Management and Meetings. The objective of this task is to administer the project in coordination with City Staff. This includes conducting monthly check -in calls on project progress and performing routine project management activities (staffing, tracking project schedule and budget, managing subcontractors).
This task also assumes the team will make one presentation to City Council, if requested.
Task 14 - Assess the Hydrologic and Operational Capacities from Operating the Discharge Under Current and Future Discharges The objective of this task is to use surface and groundwater modeling tools (numerical or analytical) to perform predictive model simulations of the surface -water and groundwater hydrology of Cooper's Creek with and without the Project and comparing the model results against the preliminary metrics for habitat sustainability. Depending on the state of existing models and tools as documented in Phase 1, this task may require the City to:
• construct and calibrate (or update) a surface -water model that is capable of simulating: (i) historical discharge in Cooper's Creek and (ii) future discharge in Cooper's Creek under climate change, water conservation, and various future wastewater discharge scenarios. • Construct and calibrate (or update) a groundwater -flow model that is capable of simulating: (i) historical groundwater levels and GW/SW interactions within the alluvial aquifer and regional aquifer beneath Cooper's Creek and (ii) future groundwater levels and GW/SW interactions in Cooper's Creek under climate change, water conservation, and various future wastewater discharge scenarios.
Once the models are ready for use, we will meet with the City to define the alternatives to be simulated. The alternatives could include those identified in the RPF or other options developed based on the outcomes of Phase 1 work. The consultant team will prepare interim work products to present the work as it is developed to obtain feedback from the City and refine the analysis, as appropriate. The work will be documented in technical memorandum.
Task 11 -identification of Conceptual Project Mitigations to Biologic Resources The objective of this task is to define conceptual projects, operation schemes, and management actions to mitigate any impacts identified in the analysis in Task 10 and to meet the goals and objectives defined in Phase 1 for biologic resources. The team will work with the City to determine which level of impact to mitigate and use the models to simulate the
Tom Dodson & Associates, West Yost, and Jacobs
City of Beaumont
Adaptive Management and Mitigation Plan — Scope of Services mitigation actions to determine if the mitigation actions achieve the desired effect. The outcomes will be documented in technical memorandum.
Task 12 -Assess Engineering Feasibility of Operational Alternatives and Mitigation Actions The objective of this task is to perform engineering feasibility assessments of the operational alternatives and mitigation actions analyzed in Task 11 that successfully achieve the desired mitigation goals. This will include describing the facilities, developing level 5 cost opinions, and characterizing implementation feasibility.
Task 13- CEOA Checklist Evaluation ofProject Alternatives The objective of this task is to compile and process either an Initial Study/Mitigated Negative Declaration (IS/MND) or Environmental Impact Report (EIR) to comply with the CEOA for the feasible operational alternatives and mitigation actions identified in Task 12. Because the modeling work and habitat assessments, including downstream impacts, have not yet been identified, it is unknown whether significant impacts will be identified requiring the preparation of an EIR, or whether all impacts can be mitigated to a level of less than significant. With this in mind, our approach would be to prepare an Initial Study checklist to screen out issues that can be mitigated to a level of less than significant, and if necessary, compile a Focused Environmental Impact Report to address any significant environmental impact issues. TDA will undertake the preparation of the CEOA documentation and will coordinate with the City to determine the scope necessary to reach full compliance with CEOA.
Task 14 - Prepare Cooper's Creek Discharge Hydrogeologic and Operational Feasibility Report. The objective of this task is to prepare a compiled report of the findings from tasks 10 through 13.
Task 15 - Implement first year of Baseline Monitoring Program. The objective of this task is to perform the first year of baseline monitoring pursuant to the scope of work defined in the Cooper's Creek Habitat Characterization and Sustainability Report(Task 8 deliverable). The outcomes of the monitoring will be used to inform the AMMP developed in Phase 3. This is additional work that was not included in the RFP. The purpose of performing baseline monitoring prior to development of the AMMP is that the Phase 2 feasibility work could take longer than a year to perform, depending on the modeling took needed to support the feasibility assessments.
This will allow the City to collect more robust baseline information in the AMMP, and could speed up the time until.the discharge can begin to be reduced.
Task 16 — Prepare scope ofwork and cost estimate to prepare the AMMP. The objective of this task is to detail the scope and budget to prepare the AMMP document. The purpose is to ensure that the final phase of work is adequately budgeted.
PHASE 3 — PREPARE ADAPTIVE MONITORING AND MITIGATION PLAN AND CONTINUE BASELINE MONITORING In this phase of work the consultant team will prepare the AMMP. Phase 3 could also include an additional year of baseline monitoring in parallel to the development of the AMMP.
The tasks to complete Phase 3 are:
Tom Dodson & Associates, West Yost, and Jacobs
City of Beaumont
adaptive Management and Mitigation Plan — Scope of Services Task 17- Phase 3Project Management and Meetings The objective of this task is to administer the project coordination with City Staff. This includes conducting monthly check -in calls on project progress and performing routine project management activities (staffing, tracking project schedule and budget, managing subcontractors).
This task also assumes the team will make one presentation to City Council, if requested. 11,11111
in
Task 18 — Prepare theAMMP. The objective of this task is to prepare the AMMP pursuant to the scope of work defined in Phase 2, Task 16. This report will include the following chapters, at a minimum:
1. Background.
o Project Description and Regulatory Requirements
o Description of the study area and Cooper's Creek hydrology/habitat [taken from Cooper's Creek Habitat Characterization and Sustainability Report]
o Objectives of the AMMP
2. Predicted changes in Cooper's Creek hydrology/habitat. This section will summarize the information documented in the Cooper's Creek Discharge Hydrogeologic and Operational Feasibility Report.
3. Preliminary metrics for habitat sustainability. This section will be based on the information in the Cooper's Creek Habitat Characterization and Sustainability Report and any refined information developed in Phase 2.
This section will also define specific and measurable criteria for determining ecological success of mitigation and to determine if Project impacts are offset.
4. Monitoring program. This section will describe the monitoring program to track the extent/health of the Cooper's Creek riparian habitat and the factors that could affect it. The monitoring program will consider outcomes of the initial year of baseline monitoring performed pursuant to the Cooper's Creek Habitat Characterization and Sustainability Report. The monitoring program will be designed to compare the monitoring data versus the preliminary metrics for habitat sustainability, which could trigger mitigation measures.
5 Potential mitigation measures. This section will provide a list of potential strategies to mitigate adverse impacts to the riparian habitat in the event that such impacts are identified by the monitoring program and attributed to Project implementation. [taken from Cooper's Creek Discharge Hydrogeologic and Operational Feasibility Report]
6. Annual reporting. This section will describe the commitment to prepare annual reports that document the monitoring program and data analysis. The AMMP will include an annotated table of contents for the Annual Report.
7. Process to update the AMMP. This section will describe the process to revise the AMMP in the future based on the results and conclusions of the monitoring program. Revisions could include modifications to the monitoring program, metrics for habitat sustainability, and need for mitigation actions.
Other sections will be added, as needed or directed by the City, such as to meet the requirements of the USBR Title XVI requirements.
Task 19 — Implement second year ofBaseline Monitoring Program. The objective of this task is to perform the second year of baseline monitoring pursuant to the scope of work defined in the Cooper's Creek Habitat Characters'ationand SustainabilityReport(Task 8 deliverable). This is additional work that was not included in
Tom Dodson & Associates, West Yost, and Jacobs
City of Beaumont
Adaptive Management and Mitigation Plan — Scope of Services the RFP. The purpose of continuing baseline monitoring prior to completion of the AMMP to potentially will allow the City to potentially speed up the time until the discharge can begin to be reduced.
Table 1. Mapping of Pro posal Phases an d Tasks to RPF Phases and Tasks to Prepare the AMMP Proposal Phase/Task
RFP Phase/Task
Notes
Phase 1- Characterize Historical and Cu rrent Co ndition s to Support Development of AM MP
Task 1- Phase 1 Project Management and Meetings
Phase 1, Task 1 - Project M anagement and Meetings
Represents PM for Phase 1 only
Task 2 - Establish Initial Goals, Objectiv es, a nd Project Performance Criteria
Phase 1, Task 2 - Establish Goals, Objectives, and Perfo rmance Stan dards This task will not develop performance standards at the level of detail describe d in the RFP. The detailed, numeric performance standards are set in Phase 3, Task 18
Task 3 - Characterize Histo rical Discharge and Surface Water Flo w Hydrology
Phase 1, Task 3 - Review Stream Discharge Data for Coo pers Cree k and Assess Changes in Discha ge due to Climate Change and Water Conservation Excludes development of a hydraulic diversion model - See Pro:•osal Phase 2 Task 10
Task 4- Characterize Historical Riparian Habitat He alth (NDVI) n /a-ADDITIONAL WORK
Recommended additional work to suppo rt understanding
historical changes in vegetation health
Task 5 - Characterize Historical and Existing Biological Resource s
Phase 2, Task 6 - Identify Potential impacts to Biologic Reso urces and Develo p Monitoring Pro gram to Characterize Baseline Condition
Recommend this is a Phase 1 Task
Task 6 - Identify Potential Impacts to Biolo gical Re sources from Reduced Discharge to Coor-ers Creek
Phase 2, Task 6 - Identify Pote ntial impacts to Biologic Resources and Develop Monito rin g Pro gram to Characterize Baseline Condition ' Recommend this is a Phase 1 Task
Task 7 - Assess Available Tools for Analyzing Surface Water and Groundwate r Impacts I
Phase 1, Task 4 Investigate and Review Modeling and Related Work for the County's Flow Ecology Investigation
Additional work is for assessing availability of tools to assess impacts to groundwater that supp ort downstream biological resources, specifically groundwater dependent ecosystems Task 8 - Prepare Co oper's Creek Habitat Characteriza tio n and Sustainability Report
Phase 1, Report not assigned to a Task in the RFP
Phase 2, Task 8 - Deve lo pment of Monitoring Plan
Phase 2 - Assess Feasibility of Reduced Discharge and Perform Initial Baseline Monitoring Task 9 - Phase 2 Project Management and Meetings
Phase 1, Task 1- Project Management and M eetings
Represents PM for Phase 2 only
Pha se 2A -Assess Pro ject Hydrologic and Operational Feasibility Task 10 -Assess the Hydrologic and Operatio nal Capacities from Operating the Discharge Under Curre nt and Future
Discharges
Phase 1, Task 5 - Assess the Hydro logic and Operational Capacities from Operating the Discharge Under Current and Future Discharges
This task could include additional work beyond that envisioned in the RFP, depending on the usability of the available surface and groundwater modeling tools to assess the impact of
Task 11- Identification of Conceptual Proje ct Mitigations to Biologic Resources
Phase 2, Task 7 - Identification of Project M itigations to Biologic Resources Task 12 -Assess Engineering Feasibility of Operatio nal Alternatives and Mitigation Actions
Phase 1, Task 5 - Assess the Hydrologic and Operational Capacities from Operating the Discharge Under Current and Future Discharges
Task 13 - CEQA Checklist Evaluatio n of Project Alternatives Phase 1, Task 5 - Assess the Hydro logic and Operational Capacities from Operating the Discharge Under Current and Future Discharges
Task 14 - Prepare Cooper's Creek Discharge Hydrogeologic and Ou eratio nal Feaslbili:; Re.,ort
Phase 1, Task 5 - Assess the Hydrologic and Operational Capacities from Operating the Discharge Under Current and Future Discharges
This report serves as the updated A MMP, based on results of Phase 2 work
I Phase 28 - Implement Baselin e Mo nitoring
Task 15 - Implement first year of Baseline M onitoring program n/a -ADD ITIONAL WORK
Recommended additional w ork to support understanding of baseline conditions to be documented in the A MMP.
Task 16 - Prepare scope of wo rk and cost estimate to prepare the AMMP
n/a - ADDITIONAL WORK
The purp ose of the additional work is to ensure that the final ,hale of work is adetivat:, , :., eted
Phase 3 - Prepare Adaptive M on itoring and Mitigatio n Plan Task 17 - Phase 3 Project M anagement and M eetings
Phase 1, Task 1- Project Manageme nt and Meetings
Represents PM for Phase 3 only
Task 18 - Prepare the AMMP
Phase 2, Task 9 - Development of Performance Metrics
Phase 2, Task 8 - Development of Monitoring Plan
Phase 2 - RFP did not have a task explicitly for preparing the AMMP report Task 19 - Imple men t Second Year of Base line Monito ring Pro gram
n/a -ADDITIONAL W ORK
The purpose of continuing baseline m onitoring prior to completion of the AM MP to potentially will ap otentially speed up the time until the discharg e c an begi n to be reduced.
ATTACHMENT 2: RESUMES
FOR THE CITY OF BEAUMONT
ADAPTIVE MANAGEMENT AND MITIGATION PLAN
Submitted to:
BEAUMONT
cattif.
Submitted by:
Tom Dodson and Associates
P.O. Box 2307
San Bernardino, California 92406
(909) 882-3612
In Partnership with:
West Yost
23692 Birtcher Drive
Lake Forest, CA 92630
(949) 420-3030
and
Jacobs
(Lisa Patterson, Biological Resources/Regulatory Team)
Proposal Due Date and Time:
July 25, 2023
2:00 p.m.
TOM DODSON &
ASSOCIATES
Tom Dodson
President /
Environmental Specialist
M.A., Geography, University of
California, Berkeley, 1973
B.A., Geography, University of
California Berkeley, 1968
Experience
30+ years
Tom Dodson is the President of Tom Dodson and Associates, an environmental consulting firm in San Bernardino, California. He has more than 40 years of experience in land use planning, and environmental and resource management, with special expertise in CEQA, NEPA, regulatory compliance, expert witness testimony and communication/facilitation for resolution of environmental issues. He personally prepares environmental documentation for a broad variety of projects and acts as a resource person in working with clients, governmental agencies, and decision -makers in finding solutions to complex problems. He negotiates with regulators at the federal, state and local level, and designs formal presentations to committees.
Mr. Dodson has served as a facilitator in resolving environmental issues for several agencies, including the Bureau of Land Management, San Bernardino County, City of San Bernardino, and other agencies. Mr. Dodson also provides expert witness testimony on land use and environmental issues on a variety of court cases, primarily in CEQA litigation, takings, land use and regulatory cases. He serves as program manager on most projects undertaken by the firm and maintains close contacts with subconsultants and specialists who can provide technical information, as needed, in a timely manner.
Mr. Dodson also serves as the environmental advisor/consultant to the San Bernardino County Local Agency Formation Commission, San Bernardino International Airport Authority, Inland Valley Development Agency, Inland Empire Utilities Agency, Cities of Murrieta and El Monte, and several other agencies. Mr. Dodson has focused much of his career on CEQA compliance for water agencies, particularly those in the Inland Empire and throughout Southern California.
Relevant Experience
Inland Empire Utilities Agency (IEUA, 1999 -Present)
As environmental consultant to the IEUA, TDA prepared the Program EIR for the Optimum Basin Management Program which evaluated the whole program that is proposed to be implemented to remove groundwater contamination from the Chino Basin. This EIR was prepared to meet court mandated deadlines and was certified in a timely manner by the IEUA. TDA has continued consulting with IEUA and recently completed a Program EIR for IEUA Facilities Masters Plans, which examined the long-term implementation of wastewater, recycled water and organic waste management programs. TDA is currently working or has recently worked with IEUA on the following: the RP -5 expansion, TDA is working with IEUA to obtain the RMPU regulatory permits, and is overseeing Native American monitoring for Baseline and Napa Laterals. TDA also recently completed the 2017 annual CDFW O & M Report. Site selection, due diligence, and CEQA documentation are part of the tasks that TDA has assisted with on this project. Additionally, and most recently, TDA, in conjunction with West Yost, has assisted the Chino Basin Watermaster, in conjunction with West Yost, with the Addendum to the Optimum Basin Management Program Local Storage Limit Solution Addendum that was approved by the IEUA Board in March of 2021.
Mission Springs Water District (MSWD)
Tom Dodson is the primary environmental consultant for MSWD. Over the past 15+ years Tom has assisted MSWD with several projects to comply with both the California Environmental Quality Act and National Environmental Policy Act for a variety of projects. TDA also assists MSWD with applying for funding through the Clean Water State Revolving Fund for various infrastructure/improvement projects. TDA has continued consulting with MSWD and recently completed the West Valley Water Reclamation Program EIR, which was approved by the MSWD Board in 2019 with 1 of 3
Tom Dodson
full support from their Board. Tom oversaw the evolution of this this Program EIR from inception to approval. The certification of this EIR will allow/has allowed MSWD to construct a new wastewater treatment facility, along with a conveyance system that would connect existing sewered areas to the new facility as well as areas that are served by individual septic systems, which have contributed to water quality degradation within the Coachella Valley groundwater basin Garnet Hill Subbasin MZ4.
Inland Valley Development Agency (IVDA)/San Bernardino International Airport Authority (SBIAA) (1992 -Present)
Environmental manager for the IVDA and SBIAA in their role as the redevelopment and reuse agency for Norton Air Force Base located in San Bernardino, California. Assisted the Air Force in completing its first and only air conformity determination for reuse of a closing military base. The analysis was used in presentations to the federal Environmental Protection Agency (EPA) to revise the Conformity Regulations to exclude transfers of military bases from conformity findings. TDA has been involved in every facet of base closure, working closely with the Air Force Base Closure Agency (AFBCA) at Norton and in Washington D.C. to complete the Final EIS and issue the Record of Decision. This support effort includes endangered species management programs at the former Base and consultations with the State and Federal government under endangered species laws.
Negotiation of Stream Alteration Agreements and Section 404 Permits Since 1988 Mr. Dodson has been involved in numerous projects that required acquisition of Stream Alteration Agreements from the State Department of Fish and Wildlife and Section 404 Permits from the U.S. Army Corps of Engineers. This includes several permits in Big Bear Valley, along the Santa Ana River and its tributaries, and southern California in general.
Various Water Agency Projects
TDA has worked on CEQA Projects to completion ranging from Categorical Exemptions to Initial Studies and in minimal cases, Environmental Impact Reports including, but not limited to the following water agencies, water masters, districts, and private water companies:
• Monte Vista Water Company
• Elsinore Valley Water District (working with West Yost to accomplish a Supplemental Environmental Document for their Salt and Nutrient Management Plan)
• Eastern Municipal Water District (working with West Yost to accomplish a Supplemental Environmental Document for their Salt and Nutrient Management Plan
• Chino Basin Watermaster
• San Antonio Water Company
• San Gabriel Valley Water Company
• Phelan Pion Hills Community Service District
• Sheep Creek Water Company
• City of Ontario
• East Valley Water District
• East Orange County Water District
• Big Bear Community Service District
• Big Bear Area Regional Wastewater Agency
• Big Bear Lake Department of Water and Power
2 of 3
Kaitlyn Dodson -Hamilton
I
Environmental
Specialist
Education
B.A., English, with
Honors, University
of California
Riverside, 2011
January 2015 to
present
W: (909) 882-3612
C: (909) 645-5478
E: kaithm a tdaenv.com
7t
inTarY
Kaitlyn Dodson -Hamilton is an Environmental Specialist for Tom Dodson & Associates, an environmental consulting firm in San Bernardino, California. She has more than 10 of experience in research and mapping for California Environmental Quality Act (CEQA), National Environmental Protection Agency (NEPA), and regulatory purposes at Tom Dodson & Associates. Ms. Dodson -Hamilton has more than seven years of experience at TDA in environmental and resource management, with special expertise in CEQA compliance. Ms.
Dodson -Hamilton personally prepares environmental documentation for a broad variety of CEQA and NEPA projects, as well as regulatory permits for the State Department of Fish and Game, U.S. Fish and Wildlife Service, and the U.S. Army Corps of Engineers. She works in conjunction with Tom to work with clients, governmental agencies, and decision -makers to find solutions to complex problems. Mrs. Dodson -Hamilton has focused much of her career on CEQA compliance for water agencies, particularly those in the Inland Empire and throughout Southern California. She serves alongside Tom as an environmental consultant to San Bernardino International Airport Authority, Inland Valley Development Agency, Inland Empire Utilities Agency, Phelan Piiion Hills Community Services District, Mission Springs Water District, and several other agencies. Ms. Dodson -Hamilton attends meetings and hearings and prepares presentations for nearly all reports for which she is the author.
Relevant Experience
Inland Empire Utilities Agency (IEUA)
TDA is one of two primary consultants for IEUA. Over the past 7+ years Kaitlyn has assisted Tom with several projects to comply with both the California Environmental Quality Act and National Environmental Policy Act for a variety of projects. TDA also assists IEUA with applying for funding through the Clean Water State Revolving Fund for various infrastructure/improvement projects. TDA has continued consulting with IEUA and recently completed a Program EIR for IEUA Facilities Masters Plans, which examined the long-term implementation of wastewater, recycled water and organic waste management programs. Kaitlyn has assisted Tom with several projects to comply with both the CEQA and NEPA for a variety of IEUA projects. TDA also assists IEUA with applying for funding through the Clean Water State Revolving Fund for various infrastructure/improvement projects. Project in which Kaitlyn has co-authored include:
FMP Program EIR, Lower Day Basin Project, Fontana Water Company Recycled Water Improvement Project, and Pomona Intertie Project; all of which have been successful in accomplishing full compliance with both CEQA and NEPA and other regulatory requirements, such as Corps of Engineers and endangered species permits. Additionally, and most recently, Kaitlyn, has assisted the IEUA with the Chino Basin Program EIR that was approved by the IEUA Board in May 2022.
Mission Springs Water District (MSWD)
Tom Dodson is the primary environmental consultant for MSWD. Over the past 7+ years Kaitlyn has assisted Tom with several projects to comply with both the California Environmental Quality Act and National Environmental Policy Act for a variety of projects. TDA also assists MSWD with applying for funding through the Clean Water State Revolving Fund for various infrastructure/improvement projects. TDA has continued consulting with MSWD and recently completed the West Valley Water Reclamation Program EIR, which was approved by the MSWD Board in 2019 with full support from their Board. Kaitlyn was the main author of this Program EIR with Tom overseeing the evolution of the Project. The certification of this EIR will allow/has allowed MSWD to construct a new wastewater treatment facility, along with a conveyance system that would connect existing sewered areas to the new facility as well as areas that are served by individual septic systems, which have contributed to water quality degradation within the Coachella Valley 1 of 3
Kaitlyn Dodson -Hamilton
groundwater basin Garnet Hill Subbasin MZ4). More recently, TDA worked with MSWD on a new 300-000 gallon reservoir project, for which an Initial Study was prepared and approved by the District Board in September of 2021.
Inland Valley Development Agency (IVDA)/San Bernardino International Airport Authority (SBIAA) Tom Dodson is the Environmental Manager for the IVDA and SBIAA in their role as the redevelopment and reuse agency for Norton Air Force Base located in San Bernardino, California, As such, Kaitlyn has worked closely with both IVDA and SBIAA on several projects. Over the past 7+ years, Kaitlyn has, in conjunction with Tom, prepared environmental documents to comply with both the California Environmental Quality Act and National Environmental Policy Act for a variety of projects. These projects include: SBIAA Land Exchange Environmental Assessment, SBIAA Unical Addendum, IVDA (in conjunction with the City of Highland and the San Manuel Band of Mission Indians) 3rd Street / 5th Street Roadway Improvements Project, and most recently, Kaitlyn worked closely with SBIAA on the Eastgate Building I Environmental Impact Report, which was approved by the Board in October of 2018. Kaitlyn also works closely with SBIAA to compile their Hazardous Waste Manifests to ensure SBIAA pays the appropriate fees to the Department of Toxic Substances Control. Currently, Tom and Kaitlyn are working with the IVDA, City of Highland, City of San Bernardino, San Manuel Band of Mission Indians, and East Valley Water District to prepare the Airport Gateway Specific Plan, which would create a buffer between the airport and residential land uses to the north, and with a goal of providing greater economic development in this area.
City of Highland, Various CEQA/NEPA Documents
Over the past 6+ years, Kaitlyn has assisted Tom with the preparation of environmental documents to comply with both the California Environmental Quality Act and National Environmental Policy Act for a few City projects. The City retained TDA's services for the 3rd Street 1 5th Street Corridor Improvements Project. The City, IVDA, and SMBMI proposed to improve the roadway and infrastructure conditions for 3rd Street/5th Street and several intersecting local roadway segments within the City of Highland. TDA compiled an Environmental Narrative for the three agencies to apply for funding through the Economic Development Agency and assisted with NEPA compliance for the Environmental Assessment. TDA also compiled an Initial Study- Mitigated Negative Declaration (IS/MND) for the City.
The documentation in the Initial Study was compiled to meet CEQA and NEPA requirements. The IS/MND was adopted by the City Council. The EDA recently approved the project and granted funding for the project. Additionally, TDA compiled another IS/MND for a second roadway improvement project along Victoria Avenue between Highland Avenue and 3rd Street that include storm drain improvements, which was also approved by the City Council.
Various Water Agency Projects
TDA has worked on CEQA Projects to completion ranging from Categorical Exemptions to Initial Studies and in minimal cases, Environmental Impact Reports including, but not limited to the following water agencies, water masters, districts, and private water companies:
• Monte Vista Water Company
• Elsinore Valley Water District (working with West Yost to accomplish a Supplemental Environmental Document for their Salt and Nutrient Management Plan)
• Eastern Municipal Water District (working with West Yost to accomplish a Supplemental Environmental Document for their Salt and Nutrient Management Plan)
• Chino Basin Watermaster
• San Antonio Water Company
• San Gabriel Valley Water Company and Fontana Water Company • Phelan Pion Hills Community Service District and Sheep Creek Water Company • City of Ontario
• East Valley Water District
• East Orange County Water District
• Big Bear Community Service District
• Big Bear Area Regional Wastewater Agency
• Big Bear Lake Department of Water and Power
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WEST YOST
v
/WEST YOST
I Water. Engineered.
Samantha Adams, MESM
Samantha has 17 years of professional experiences in water resources management.
Her technical expertise includes salt and nutrient management planning, groundwater management planning, Watermaster services, regulatory support and compliance reporting, development and implementation of field monitoring programs, and database management.
Samantha has extensive experience leading multi -stakeholder groups through collaborative decision -making processes that rely on complex technical information and regulatory compliance considerations. She has managed, developed and negotiated, and/or implemented salt and nutrient management compliance plans for the Eastern MWD, Elsinore Valley MWD, Chino Basin Watermaster, Inland Empire Utilities Agency, City of Beaumont, South Orange County Wastewater Authority, Santa Ana Watershed Project Authority, and Coachella Valley Water District.
EXPERIENCE
Maximum Benefit Demonstration for the Elsinore Groundwater Management Zone (2014 — ongoing), Elsinore Valley Municipal Water District (District), Lake Elsinore, CA: Project Manager and Lead Scientist. Led the development of a maximum benefit demonstration to raise the total dissolved solids (TDS) and nitrate concentration objectives for the Elsinore Groundwater Management Zone (GMZ) in the Water Quality Control Plan for the Santa Ana River Basin (Basin Plan). The District was seeking new, maximum benefit based TDS and nitrate concentration objectives so it can have the flexibility to develop and invest in a water resources plan that optimizes the management and use of all its water supply assets to achieve a reliable water supply in an environmentally sound manner. The District's maximum benefit proposal is designed to facilitate the maximum reuse of recycled water, to protect the beneficial uses of groundwater in the Elsinore GMZ and downstream GMZs for future generations, and to be consistent with Executive Order 68-16, Water Code Section 13241, and State Board orders and policies that promote recycled water reuse.
Samantha was responsible for: developing the technical basis of the demonstration; developing alternative salinity management alternatives for evaluation; managing a team of scientists that are using numerical groundwater modeling tools to develop TDS and nitrate concentration projections for the Elsinore GMZ; developing a long term compliance strategy to verify that the beneficial uses of the Elsinore GMZ will be protected under the maximum benefit program; leading negotiations with the Santa Ana Regional Board; and stakeholder outreach. The proposal was accepted by the Regional Board staff in February 2020 and the team completed the process to prepare an amendment to the Basin Plan to incorporate the new maximum benefit objectives and management plan. Samantha now serves as the Principal -in -Charge of the team leading the implementation phase.
STAFF TITLE: Scientist Manager I
YEARS OF EXPERIENCE: 17
EDUCATION
• Master of Environmental Science
and Management (MESM), Water
Resources Management, Donald
Bren School of Environmental
Science and Management,
University of California, Santa
Barbara, 2006
■ BS, Environmental Science,
University of Notre Dame, 2002
PROFESSIONAL AFFILIATIONS
■ Groundwater Resources
Association of California (GRA)
■ National Groundwater
Association
Administrative and Technical Services, Borrego Springs
Watermaster, Borrego Springs, CA: Samantha serves as
Executive Director for the Borrego Springs Watermaster. The Watermaster was created as an arm of the Court through
a Stipulated Judgment in the adjudication of groundwater rights for the Borrego Springs Subbasin (Basin). The Basin was adjudicated to enable the sustainable management
of its groundwater resources in a manner consistent with the Sustainable Groundwater Management Act (SGMA),
including requiring a 75 percent reduction in groundwater use over 20 years. As Executive Director, Samantha is
responsible for organizing, overseeing, and/or performing the administrative and management aspects of the Judgment,
Rules and Regulations, and Groundwater Management Plan, including running Board, Technical Advisory Committee,
and Environmental Working Group meetings; providing
accounting and financial services (banking, reporting,
audits); preparing the annual budget; document and website management; annual water rights accounting and reporting to Court; and all technical activities (implementation of field monitoring programs, data collection and database management, groundwater modeling, periodic recomputation of sustainable yield, and SGMA compliance reporting).
Water Rights Compliance and Basin Management
Monitoring and Reporting Program (2010 — ongoing),
San Juan Basin Authority (SJBA), Various, CA: Principal in Charge and previously served as the Project Manager
(2013 - 2019) and Project Scientist (2010 - 2012) for the SJBA's water rights compliance and basin management
monitoring and reporting programs from. The objectives
of the program are to collect, analyze, and report on the data used to demonstrate compliance with the SJBA's water rights diversion permit, estimate groundwater storage and recommend annual pumping limits, evaluate the threat of seawater intrusion, and assess riparian vegetation health along San Juan Creek. As the project manager, Samantha
directed the design and implementation of the field
and cooperative data collection program, supported the
preparation of the annual report of compliance to the State Board, oversaw CASGEM compliance, managed biology
subconsultants, managed the implementation of a watershed wide surface and groundwater monitoring program in support of the Salt and Nutrient Management Plan for the San Juan Creek, participated in Technical Advisory Group meetings, supported the development of the annual budget, and gave monthly presentations to the Board of Directors. In 2016, she managed the development of the Adaptive Pumping
Management Plan, a first of its kind report for the San Juan Basin, that sets annual sustainable pumping limits based on current basin storage and climate conditions. Samantha now serves as the technical advisor to the team that manages the SJBA programs.
Compliance Strategy for the Use of Recycled Water at the San Jacinto Wildlife Area, Eastern Municipal Water District (EMWD), Perris, CA: Project Scientist assisting the EMWD with the development and implementation of a compliance strategy for its recycled water use at the San Jacinto Wildlife Area (SJWA). The EMWD delivers about 3,000 acre feet
per year of tertiary treated recycled water to the SJWA to maintain their wetland habitat. The total dissolved solids (TDS) and total inorganic nitrogen (TIN) concentrations of recycled water exceed the water quality objectives of the underlying management zone. As such, the Regional Board required mitigation of the salt loading if the discharge of recycled water to groundwater was greater than a de minimis impact. Samantha was part of the team that developed a
technical work plan to characterize the potential for impacts using cone penetrometer tests to demonstrate whether a
continuous layer of clays exists beneath the SJWA, preventing the infiltration of recycled water to the water table. Samantha managed the implementation of the project, which was
completed and presented to the Regional Board in 2011.
As a result of the study, the EMWD can continue to deliver recycled water for use at the SJWA.
Watermaster Engineering Services, Beaumont Basin
Watermaster (2005 — 2012), Beaumont, CA: Project
Scientist provided engineering and hydrogeologic support services to the Cities of Banning and Beaumont, the
Beaumont Cherry Valley Water District, the South Mesa
Water Company, the Yucaipa Valley Water District, and other groundwater pumpers in the Beaumont Basin adjudication, including development of the physical solution incorporated into the stipulated agreement in 2004 and subsequently
served as the Watermaster Engineer from 2005 through
2012. As a Project Scientist, Samantha was responsible for the implementation of the Watermaster database, coordinating the production and groundwater level monitoring program, maintaining the Watermaster website, and preparation of the Watermaster Annual Report to the Court.
FY 2021 /22 Basin Planning Priorities to Update the Santa Ana River Watershed SNMP, Basin Monitoring Program
Task Force (administered by the Santa Ana Watershed
Project Authority), Riverside County, CA: Principal Scientist for regulatory and technical support in assessing the Santa Ana River Basin Plan SNMP for compliance with the 2019
Recycled Water Policy. For this project, West Yost prepared an updated watershed wide groundwater monitoring program,
a surface water monitoring program, and recommendations for updated technical methods to assess assimilative capacity through periodic computation of ambient water quality.
Samantha Adams, MESM Page 2