DEPARTMENT
Water Enterprise
AGENDA NO.
15 MEETING DATE December 13, 2022
APPROVAL:
COMMISSION
SECRETARY
Donna Hood
AGENDA ITEM
Public Utilities Commission
City and County of San Francisco
Authorize Amendment to Cost Share Agreement: Regular Calendar Project Manager: Senobar Lanigan
Approve Amendment No. 4 to Contract No. CS-1408, Multi-Party Cost Share Agreement for Los Vaqueros Reservoir Expansion Project Planning
Summary of
Proposed
Commission Action:
Approve Amendment No. 4 to Contract No. CS-1408, Multi-Party Cost Share Agreement for Los Vaqueros Reservoir Expansion Project Planning, with Contra Costa Water District; Alameda County Flood Control and Water Conservation District, Zone 7; Alameda County Water District; East Bay Municipal Utility District; Grassland Water District; San Luis & Delta-Mendota Water Authority; and Santa Clara Valley Water District for planning of the potential expansion of Los Vaqueros Reservoir; and authorize the General Manager to execute Amendment No. 4, increasing the contract not- to-exceed amount by $7,658,000, to be divided equally among seven parties, with the San Francisco Public Utilities Commission ’s (SFPUC’s) financial contribution not -to-exceed $1,094,000, and
extending the agreement
duration by six months , for a total contract not -to-exceed amount of $22,852,843 shared among the parties , with the SFPUC’s total contribution not-to-exceed $3,358,910, and a total contract duration of four 4 years and 2 months.
Background: Contra Costa Water District (CCWD) is leading the planning and development of the Los Vaqueros Reservoir Expansion Project (Project), which will increase the capacity of the existing CCWD- owned and operated reservoir by 115,000 acre -feet and include additional facility upgrades to improve connectivity and usability of the reservoir for other water agencies in the region
in order to provide
broad-ranging water supply and environmental benefits throughout the Bay Area.
The Project could potentially provide the SFPUC with up to 40,000 acre-feet of storage and a supplemental dry year supply for the SFPUC’s retail and wholesale water customers. However, use of the new storage for the SFPUC is contingent upon the SFPUC successfully securing a source of water to store in Los Vaqueros and having a Agreement: Amendment No. 2 to the Cost Share Agreement for the Expansion of the Los Vaqueros Reservoir Commission Meeting Date: December 13, 2022
reliable path of conveyance to move the stored water either (1) directly into the SFPUC’s Regional Water System (RWS), or (2) to other water agencies in the region with whom it can arrange exchanges. To that end, SFPUC staff is evaluating the feasibility of a portfolio of potential water supply projects as well as conveyance mechanisms through the South Bay Aqueduct (SBA), a facility owned and operated by the California Department of Water Resources (DWR). The SFPUC has identified the SBA as the primary conveyance facility for delivering supplies from the Project (either directly to the SFPUC’s San Antonio Reservoir or to the SFPUC’s service area via exchanges with other water agencies with existing connections to the SBA ) following construction of the Transfer-Bethany Pipeline to link Los Vaqueros to the SBA.
On December 13, 2016, this Commission approved Resolution No. 16- 0258, which initiated the SFPUC’s participation in the Project planning effort by authorizing a cost share agreement with CCWD and the Bay Area Water Supply & Conservation Agency (BAWSCA) that included a financial contribution by the SFPUC of an amount not to exceed $100,000 to support the Projec t
. The Project subsequently secured
grant funds through the California Water Commission and the U.S.
Bureau of Reclamation for continued Project development and implementation.
On March 26, 2019, through Resolution No. 19-0060, this Commission approved the SFPUC’s participation in the Multi- Party Cost Share Agreement for Los Vaqueros Reservoir Expansion Project Planning (Agreement) with CCWD and several other public entities, collectively referred to as the Local Agency Partners: Alameda County Flood Control and Water Conservation District, Zone 7;
Alameda County
Water District (ACWD); BAWSCA; the City of Brentwood; East Bay Municipal Utility District (EBMUD) ; Grassland Water District ; San Luis & Delta-Mendota Water Authority; and Santa Clara Valley Water District. The Agreement had a duration of up to fourteen (14) months and a total amount of $2,833,036, split among CCWD and the Local Agency Partners (collectively, “Parties”), excluding Grassland Water District, which would provide in-kind services only, with the SFPUC’s financial contribution an amount not to exceed $354,129.
On June 9, 2020, through Resolution No. 20-0124, this Commission approved Amendment No. 1 to the Agreement, which extended the term of the Agreement by six (6) months, to December 31, 2020, to allow additional time for completion of outstanding planning activities, with no change to the funding amount.
In September 2020, due to the significant financial contribution needed and outstanding uncertainties , the BAWSCA Board of Directors withdrew BAWSCA from independent participation in the Project.
BAWSCA has continued to support the SFPUC’s participation on behalf of its wholesale customers . The City of Brentwood also withdrew from the Project as an independent pa rtner; CCWD now Agreement: Amendment No. 2 to the Cost Share Agreement for the Expansion of the Los Vaqueros Reservoir Commission Meeting Date: December 13, 2022
represents the City of Brentwood , based on a separate agreement between CCWD and the City of Brentwood.
On November 10, 2020, through Resolution No. 20- 0228, this Commission approved Amendment No. 2 t o the Agreement, which extended the term of the Agreement by an additional twelve (12) months, to December 31, 2021, and increase d the Agreement amount by up to $6,081,967, di vided equally among the Parties (excluding Grassland Water District ), with the SFPUC’s maximum contribution under Amendment No. 2 not to exceed $1,013,661, for a total SFPUC not-to-exceed amount of $1,367,790.
On August 24, 2021, through Resolution No. 21-0132, this Commission approved Amendment No. 3 to the Agreement, which extended the term of the Agreement by an additional twelve (12) months, to December 31, 2022, and increase d the Agreement amount by up to $6,279,840, divided equally among the Parties (excluding Grassland Water District), with the SFPUC’s maximum contribution under Amendment No. 3 not to exceed $897,120, for a total SFPUC not-to-exceed amount of $2,264,910.
Also on August 24, 2021, through Resolution No. 21- 0131, this Commission authorized the General Manager to execute the Los Vaqueros Reservoir Expansion Joint Exercise of Powers Agreement with CCWD and the other Local Agency Partners, creating a new Joint Powers Authority (JPA) to govern the design, construction, future operation, and administration of the Project, and designated and appointed the General Manager to serve of the JPA Board of Directors on behalf of the SFPUC, with the Assistant General Manager for Water as the SFPUC’s alternative Director. In October 2021, the Parties filed the executed Joint Exercise of Powers Agreement with the California Secretary of State, establishing the JPA as a new public agency.
Signing of the Joint Exercise of Powers Agreement and participating in the JPA does not commit the SFPUC to full financial participation in the Project. Significant financial commitment to fund Project construction w ould occur upon the execution of a s ervices contract between the SFPUC and the JPA (referred to as a “Service Agreement” in the Joint Exercise of Powers Agreement) , which the SFPUC would bring to the Commission for consideration and possible approval at a future date, likely some time in 2023.
Description of the
Amendment to the
Agreement:
Amendment No. 4 will increase the total Agreement not-to-exceed amount by $7,658,000, to be divided equally among seven Parties, with a maximum contribution by the SFPUC not-to-exceed $1,094,000. The new total Agreement not-to-exceed amount, shared among the Parties, will be $22,852,843, with the SFPUC ’s total contribution under the Agreement, as amended, not to exceed $3,358,910.
Amendment No. 4 will extend the duration of the Agreement, which is Agreement: Amendment No. 2 to the Cost Share Agreement for the Expansion of the Los Vaqueros Reservoir Commission Meeting Date: December 13, 2022
currently set to expire December 31, 2022, by up to six months, to the earlier of the following: (i) the completion of the work contemplated in the scope of work, or (ii) June 30, 2023.
Amendment No. 4 will add the JPA as a Party to the Agreement, but the JPA will not have financial obligations for payments under the Agreement, as amended, as the other Parties do (with the exception of Grassland Water District). The Amendment will also modify the cost and payment and federal funding terms of the Agreement, and add the following new purpose “t” to the existing purposes “a” through “s” described in the Agreement:
t) development of agreements shown in the Scope of Work, including but not limited to the facilities usage agreements and service agreements in which Capacity Usage Rights in Project facilities will be defined.
On top of the existing roles and responsibilities of the Parties described in the Agreement, Amendment No. 4 includes the following additional roles and responsibilities for certain Parties:
a) CCW
D Responsibilities :
o Develop a facility usage agreement under which CCWD
is expected to convey Capacity Usage Rights in Project
facilities to the JPA.
b) E
BMUD Responsibilities :
o Develop a facility usage agreement under which
EBMUD is expected to convey Capacity Usage Rights
in Project facilities to the JPA
c) JP A Responsibilities:
o Procure Program Management Consultant Team with
agreed upon compensation
o Procure banking and other financial services, including engagement of an outside auditor
o Procure general liability and errors and omissions
insurance and other insurance determined by the JPA
Board of Directors to be necessary and appropriate
o Draft and ex ecute Service Agreements with its
members, and other agreements as shown in the Scope
of Work, provided for under the JPA’s Joint Exercise of Powers Agreement, or otherwise determined to be
necessary
o Apply for a WIFIA loan and undertake related activities in connection with that loan, including, but not limited to, obtaining required credit rating(s)
o Continue with the ongoing administration of the JPA,
including, but not limited to, conducting all Board of
Directors’ and committee meetings
Agreement: Amendment No. 2 to the Cost Share Agreement for the Expansion of the Los Vaqueros Reservoir Commission Meeting Date: December 13, 2022
Further, Amendment No. 4 will replace the Scope of Work and Budget for the activities funded by Amendment No. 3 with the revised Scope of Work and Budget for activities funded by this Amendment No. 4, attached and incorporated in the Amendment as Exhibits A-4 and B-4, respectively.
Completion of the existing and additional tasks in the revised Scope of Work requires added time and money. Amendment No. 4 will allow the SFPUC to continue to participate in the Project planning while it continues to evaluate the feasibili ty of water supply, conveyance, and exchange opportunities. As Project planning progresses, there will be additional opportunities for the SFPUC to make decisions about its continued participation in the Project.
Parties to Agreement: CCWD; Alameda County Flood Control and Water Conservation District, Zone 7;
ACWD; EBMUD; Grassland Water
District; Los Vaqueros Reservoir JPA; San
Luis & Delta -Mendota Water Authority;
SFPUC; and Santa Clara Valley Water
District
Amendment Purpose: To allow more time and money to advance financial planning, environmental review ,
permitting, agreements, and design for the
Project.
Location (Storage): CCWD’s Service Area
Commencement Date
/ Completion Date:
April 30, 2019 / June 30, 2023
Result of Inaction: A delay in authorizing this amendment to the Cost Share Agreement will preclude the SFPUC from continuing to participate in the Los Vaqueros Reservoir Expansion Project, which has potential water supply reliability benefits to the SFPUC’s retail and wholesale water customers.
Budget & Costs: The additional cost of the SFPUC’s participation in the continued planning, permitting and design for the Los Vaqueros Expansion Project under Amendment No. 4 is not to exceed $1,094,000. SFPUC staff requests authorization of this additional funding, which will bring the SFPUC’s total contribution under the Agreement, as amended, to an amount not to exceed $3,358,910.
Original SFPUC Contribution: $354,129
Amendment No. 1 Amount (SFPUC): $0
Amendment No. 2 Amount (SFPUC): $1,013,661
Amendment No. 3 Amount (SFPUC): $897,121
Proposed Amendment No. 4 Amount (SFPUC): $1,094,000
Agreement: Amendment No. 2 to the Cost Share Agreement for the Expansion of the Los Vaqueros Reservoir Commission Meeting Date: December 13, 2022
Total SFPUC Amount: $3,358,910
Funds for this effort are available through the Los Vaqueros Reservoir Expansion Project 10036487.
Schedule: Services started on April 30, 2019 and are currently set to expire on December 31, 2022. This Amendment will extend the schedule to June 30, 2023. The total duration of this agreement will be four (4) years and two months, or50 months.
Environmental
Review:
As the Cost Sharing Agreement will be used to fund only environmental, planning, design, and financial studies, the Agreement does not constitute a “project” under California Environmental Quality Act Guidelines Section 15378 because there would be no physic al change in the environment. No additional environmental review is triggered by this Amendment No. 4.
Recommendation: SFPUC staff recommends that the Commission adopt the attached resolution.
Attachment(s): 1. Amendment No. 4 to the Multi-Party Cost Share Agreement
2. Exhibit A-4 Scope of Work
3. Exhibit B-4 Budget
PUBLIC UTILITIES COMMISSION
City and County of San Francisco
RESOLUTION NO.
WHEREAS, The San Francisco Public Utilities Commission ’s (SFPUC’s) mission is to provide its customers with high quality, efficient, and reliable water, power, and sewer services in a manner that is inclusive of environmental and community interests, and that sustains the resources entrusted to its care; and
WHEREAS, Contra Costa Water District (CCWD) is planning the second phase of the Los Vaqueros Reservoir Expansion Project (Project), which would increase the reservoir’s storage capacity from 160,000 acre -feet of water to up to 275,000 acre -feet of water and include the construction of a pipeline between CCWD’s Transfer Pump Station and the California Department of Water Resources’ South Bay Aqueduct at Bethany Reservoir (the Transfer -Bethany Pipeline), to serve customers of other water agencies in the region; and
WHEREAS, The Project has the potential to provide additional water storage and dry year supply reliability for the SFPUC’s retail and wholesale water customers; and
WHEREAS, On December 13, 2016, by Resolution No. 16- 0258, this Commission approved the SFPUC’s participation in planning for the Project through entering into a cost share agreement with CCWD and the Bay Area Water Supply & Conservation Agency (BAWSCA) in an amount not-to-exceed $100,000 to support CCWD’s efforts to secure additional funding from the California Water Commission for the Project; and
WHEREAS, On March 26, 2019, by Resolution No. 19-0060, this Commission approved the SFPUC’s participation in the Multi-Party Cost Share Agreement (“Agreement”) with CCWD, Alameda County Flood Control and Water Conservation District, Zone 7; Alameda County Water District; BAWSCA; the City of Brentwood; East Bay Municipal Utility District; Grassland Water District; San Luis & Delta -Mendota Water Authority; and Santa Clara Valley Water District (collectively, “Parties”), for continued Project planning, which include d a financial contribution by the SFPUC of up to $354,129 and a duration of 14 months , and included within its scope of planning activities completion of environmental review, a financial evaluation of the Project, development of a governance structure for agencies who decide to participate in the Project, consultations for Project permitting, and advancing the design of the Project; and
WHEREAS, On June 22, 2020, by Resolution No. 20- 0124, this Commission approved Amendment No. 1 to the Agreement for continued Project planning, which extended the Agreement’s duration by six months, to December 31, 2020, with no additional financial contribution by the SFPUC or the other Parties; and
WHEREAS, On November 10, 2020, through Resolution No. 20- 0228, this Commission approved Amendment No. 2 to the Agreement, which extended the term of the Agreement by an additional 12 months, to December 31, 2021, and increased the Agreement amount by a total of up to $6,081,967, divided equally among the Parties (which no longer included BAWSCA and the City of Brentwood) , excluding Grassland Water District , with a maximum contribution by the SFPUC not to exceed $1,013,661 under Amendment No. 2, for a total not -to-exceed amount of $1,367,790 for the SFPUC; and
WHEREAS, On August 24, 2021, through Resolution No. 21-0132, this Commission approved Amendment No. 3 to the Agreement, which extended the term of the Agreement by an additional 12 months, to December 31, 2022, and increased the Agreement amount by a total of up to $6,279,840, divided equally among the Parties (excluding Grassland Water District), with a maximum contribution by the SFPUC not-to-exceed $897,120 under Amendment No. 3, for a total not-to-exceed amount of $2,264,910 for the SFPUC; and
WHEREAS, On August 24, 2021, through Resolution No. 21- 0131, this Commission authorized the General Manager to execute the Los Vaqueros Reservoir Expansion Joint Exercise of Powers Agreement with CCWD and the other Local Agency Partners, creating a new Joi nt Powers Authority (JPA) to govern the design, construction, future operation, and administration of the Project, and designated and appointed the General Manager to serve of the JPA Board of Directors on behalf of the SFPUC, with the Assistant General Manager for Water as the SFPUC’s alternative Director; and
WHEREAS, In October 2021, the Parties filed the executed Joint Exercise of Powers Agreement with the California Secretary of State, establishing the JPA as a new public agency that provides governance and administration for the Los Vaqueros Reservoir Expansion Project; and
WHEREAS, The South Bay Aqueduct (SBA), which is owned and operated by the California Department of Water Resources (DWR) , is currently identified as the primary conveyance facility for potentially delivering supplies from the Project to the SFPUC’s s ervice area, and the results of an SBA Contractor-led modeling effort in August 2020 concluded that there is potential capacity in the SBA that could be used to deliver Project water to the SFPUC through future agreements with DWR and the SBA Contractors; and
WHEREAS, The SFPUC desires to continue to evaluate the feasibility of conveyance and water supply options associated with the Project to inform the SFPUC’s future decision on whether to continue to participate in the development of the Project; and
WHEREAS, The Parties desire to enter into Amendment No. 4 to the Multi-Party Cost Share Agreement to further extend the term of the Agreement by up to six months, to the earlier of (i) the completion of the work contemplated in the scope of work or (ii) June 30, 2023, and to increase the Agreement amount by up to $7,658,000, to be divided equally among seven Parties, with the SFPUC’s contribution not-to-exceed $1,094,000 under Amendment No. 4, a nd the total SFPUC contribution under the Agreement, as amended, not to exceed $3,358,910; and
WHEREAS, Amendment No. 4 will also add the JPA as a Party to the Agreement; replace the Scope of Work and Budget for the activities funded by Amendment No. 3 with the revised Scope of Work and Budget for the activities funded by Amendment No. 4; amend the cost and payment and federal funding terms of the Agreement; and include an additional purpose and additional roles and responsibilities of certain Parties (CCWD, EBMUD, and JPA) under the Agreement; and
WHEREAS, I n addition to the existing roles and responsibilities described in the Agreement, the SFPUC agrees to continue to work cooperatively with CCWD to secure a source of water supply for the SFPUC that could be diverted, stored, and conveyed by the Project; and
WHEREAS, This Amendment No. 4 does not constitute a “project” under California Environmental Quality Act Guidelines Section 15378 because there would be no physical change in the environment; now, therefore, be it
RESOLVED, That this Commission hereby approves Amendment No. 4 to the April 30, 2019 Multi-Party Cost Share Agreement with Contra Costa Water District, Alameda County Flood Control and Water Conservation District, Zone 7, Alameda County Water District, Eas t Bay Municipal Utility District, Grassland Water District, San Luis & Delta-Mendota Water Authority, and Santa Clara Valley Water District for the planning of the potential expansion of Los Vaqueros Reservoir; and be it
FURTHER RESOLVED, That this Commi ssion authorizes the General Manager to execute Amendment No. 4, increasing the SFPUC’s contribution under the Agreement by an amount not-to-exceed $1,094,000, and extending the Agreement duration by six months, for a total not-to-exceed SFPUC contribution of $3,358,910, and a total Agreement duration of four years and two months.
I hereby certify that the foregoing resolution was adopted by the Public Utilities Commission at its meeting of December 13, 2022.
Secretary, Public Utilities Commission
Amendment No. 4 to the Cost Share Agreement for LVE Project Planning
Amendment No. 4 to the
Cost Share Agreement for
Los Vaqueros Reservoir Expansion Project Planning
The Cost Share Agreement for Los Vaqueros Reservoir Expansion Project Planning between Contra Costa Water District (CCWD) and Alameda County Flood Control and Water Conservation District, Zone 7 (Zone 7); Alameda County Water District (ACWD); East Bay Municipal Utility District (EBMUD); Grassland Water District (GWD); San Francisco Public Utilities Commission (SFPUC); San Luis & Delta -Mendota Water Authority (SLDMWA); and Santa Clara Valley Water District (Valley Water) (collectively, “ Local Agency Part ners”), dated April 30, 2019 and amended on June 22, 2020, December 2, 2020, and November 1, 2021 (referred to hereafter as the “Agreement”), shall hereby be amended by this Amendment No. 4. The Agreement, together with Amendment No. 1 , No. 2 , and No. 3, and this Amendment No. 4, may be referenced hereafter as the “Agreement as amended”.
RECITALS
WHEREAS, Contra Costa Water District and the Local Agency Partners (collectively, “Parties”) entered into the Agreement dated April 30, 2019, to provide for the cost- sharing of the funding requirements for the planning of the Los Vaqueros Reservoir Expansion Project (“Project”); and
WHEREAS, pursuant to Sections 5 and 17 of the Agreement, the Parties amended the Agreement on June 22 , 2020, December 2 , 2020 , and November 1, 2021 which amendments, among other modifications, collectively extended the term of the Agreement to the earlier of (i) the completion of the work contemplated therein, (ii) until [the] Agreement is superseded by an interim funding agreement negotiated among the members of Los Vaqueros Reservoir Joint Powers Authority, or (iii) December 31, 202 2, unless the term is further modified consistent with Section 17 of the Agreement ; and
WHEREAS, on October 20, 2021, formation of the Los Vaqueros Reservoir Joint Powers Authority (the “JPA”) was completed and filed with the California Secretary of State; and
WHEREAS, on June 8, 2022 the JPA adopted the budget for fiscal year 2023 (July 1, 2022 to June 30, 2023); and
WHEREAS, the Parties have collectively paid over $1 2,000,000 to date in addition to in -kind services to support work as provided in the Agreement; and
WHEREAS, Amendment No. 3 to this agreement funds work through December 31, 2022 and further amendment is needed to fund activities January 1, 2023 through June 30, 2023; and
WHEREAS, at the time of this Amendment, the JPA does not have banking services in place and therefore must continue to rely on CCWD to provide those services; and
Amendment No. 4 to the Cost Share Agreement for LVE Project Planning
WHEREAS, the Parties wish to again amend the Agreement to: (1) further extend the term of the Agreement as provided for herein; (2) replace the Scope of Work and Budget for the activities funded by Amendment No. 3 with the revised Scope of Work and Budget for activities funded by this Amendment No. 4, attached and incorporated herein as Exhibits A -4 and B-4, respectively; (3) amend the cost and payment and federal funding terms of the Agreement as provided herein; (4) add the JPA as a Party to the Agreement , but without any financial obligation for payments hereunder ; and (5) include an additional purpose in Section 1 of the agreement and additional roles and responsibilities of certain Parties of Section 2 of the Agreement as provided herein;
NOW, THEREFORE, the Parties agree that the above recitals are incorporated in and made part of the Agreement, and, pursuant to Section 17 of the Agreement, do hereby amend the Agreement as follows:
1. Section 1 (Purpose)
In addition to the purposes a through s, as provided for in the Agreement as amended, the following purpose shall be included:
t) development of agreements shown in the Scope of Work, including but not limited to the facilities usage agreements and service agreements in which Capacity Usage Rights in Project facilities will be defined.
As of the effective date of Amendment No. 4 to the Agreement, Purposes a, b, c, d, f, g, j, l, m, and o as provided for in the Agreement, have been achieved and do not require additional funding.
Work to achieve Purposes e, h, i, k, n, p, q, r, s, and t will be advanced under the Agreement as amended. Work completed by the Consultant Team , the JPA, and CCWD staff to achieve these purposes will be partially funded by this Amendment No. 4 to the Agreement.
A detailed revised Scope of Work and Budget for activities funded by this Amendment No. 4 are included in Exhibit A -4 and Exhibit B-4, respectively, which are attached hereto and incorporated herein as if fully set forth in this Amendment No. 4 to the Agreement.
2. Section 2 (Roles & Responsibilities)
In addition to the existing roles and responsibilities of the Parties as described in the Agreement, the following additional roles and responsibilities for certain Parties shall be included in the Agreement as amended.
2.1 Contra Costa Water District Responsibilities
a-gg as described in the Agreement;
hh) develop a facility usage agreement under which CCWD is expected to convey Capacity Usage Rights in Project facilities to the JPA.
Amendment No. 4 to the Cost Share Agreement for LVE Project Planning
2.2 East Bay Municipal Utility District Responsibilities
a-s as described in the Agreement
t) develop a facility usage agreement under which EBMUD is expected to convey Capacity Usage Rights in Project facilities to the JPA
2.9 Los Vaqueros Reservoir Joint Powers Authority Responsibilities
The JPA will complete the following tasks:
a) Procure Program Management Consultant Team with agreed upon compensation. b) Procure banking and other financial services, including engagement of an outside auditor. c) Procure general liability and errors and omissions insurance and other insurance determined by the JPA Board of Directors to be necessary and appropriate. d) Draft and execute S ervice Agreements with its members , and other agreements as shown in the Scope of Work, provided for under the JPA’s Joint Exercise of Powers Agreement, or otherwise determined to be necessary.
e) Pending an invitation from the U.S. Environmental Protection A gency, apply for a WIFIA loan and undertake related activities in connection with that loan, including, but not limited to, obtaining required credit rating(s).
f) Continue with the ongoing administration of the JPA, including, but not limited to, conducting all Board of Directors’ and committee meetings.
3. Section 3 (Cost & Payment)
Section 3 shall be amended such that the following terms shall, as applicable, supersede the corresponding terms in the Agreement in their entirety.
The payment is intended to provide sufficient funding for advancing the completion of the additional Scope of Work as provided for in Exhibit A-4 and the Budget provided for in Exhibit B-4. a) Total costs to fund work hereunder are identified in Exhibit B -4. The CCWD and Local Agency Partners’ collective total share of the cost, for work funded through this Amendment, shall not exceed $7,658,000 (“Total Cost Share”).
b) Notwithstanding anything to the contrary in th e Agreement as amended, CCWD and the Local Agency Partners, excluding GWD and the JPA, shall be responsible for providing the Total Cost Share in accordance with Exhibit B-4. In no event shall any Party’s individual share of the Total Cost Share exceed $1,094,000, excluding GWD and the JPA. Timing and quantity of payment for each Party shall not vary from what is put forth in Exhibit B-4 unless CCWD and the Local Agency Partners voluntarily agree to modifications pursuant to Sections 3(d)(i v) and 17 of th e Agreement. The Total Cost Share described herein is exclusive of any joint defense or litigation cost share amounts which may be determined in a subsequent written agreement entered into pursuant to Section 9 of the Agreement.
Amendment No. 4 to the Cost Share Agreement for LVE Project Planning
c) City and County of San Francisco – Specific Terms
(i) Certification of Funds; Budget and Fiscal Provisions; Termination in the Event of Non - Appropriation. The SFPUC’s payments as a Local Agency Partner under the Agreement as amended are subject to and contingent upon the budget and fiscal provisions of the Charter of the City and County of San Francisco (City). Charges will accrue only after prior written authorization certified by the City’s Controller, and the amount of the SFPUC’s obligation hereunder shall not at any time exceed the amount certified for the purpose and period stated in such advance authorization. The SFPUC’s financial obligations under this Agreement will terminate without penalty, liability or expense of any kind to City at the end of any fiscal year if funds are not appropriated for the next succeeding fiscal year. If funds are appropriated for a portion of the fiscal year, the SFPUC’s financial obligations under this Agreement will terminate, without penalty, liability or expense of any kind to City at the end of the term for which funds are appropriated. City has no obligation to make appropriations for this Agreement in lieu of appropriations for new or other agreements. City budget decisions are subject to the discretion of the Mayor and the Board of Supervisors.
As to the
SFPUC only, this Section 3(c)(i) controls against any conflicting provision of the Agreement as amended.
(ii) Guaranteed Maximum Costs. The SFPUC’s payment obligation to CCWD cannot at any time exceed the amount certified by City’s Controller for the purpose and period stated in such certification. Absent an authorized Emergency per the City Charter or applicable Code, no City representative is authorized to offer or promise, nor is the City required to honor, any offered or promised payments to CCWD under this Agreement in excess of the certified maximum amount without the Controller having first certified the additional promised amount and , if necessary, the Parties having m odified this Agreement as provided in Section 17 of this Agreement.
(iii) Prohibition on Use of Public Funds for Political Activity. In performing work under this Agreement as amended , the recipient of City funds shall comply with San Francisco Administrative Code Chapter 12G, which prohibits funds appropriated by the City for this Agreement as amended from being expended to participate in, support, or attempt to influence any political campaign for a candidate or for a ballot measure. The recipient of City funds is subject to the enforcement and penalty provisions in Chapter 12G. d) CCWD and the Local Agency Partners will split the Total Cost Share equally. CCWD will invoice each of the Local Agency Partners, and itself, for their individual shares of the Total Cost Share detailed in Exhibit B-4.
(i) One invoice is anticipated according to the schedule below:
1. January 3, 2023
(ii) Payment from the Local Agency Partners shall be remitted within sixty (6 0) days after invoice submittal.
(iii) Funds contributed by the Local Agency Partners shall be committed by CCWD and expended only for work required to further the purposes of this Agreement.
Amendment No. 4 to the Cost Share Agreement for LVE Project Planning
(iv) If a sufficient number of Parties withdraw from the Agreement such that the Local Agency Partners’ individual cost shares change substantially, or the individual cost shares approach or exceed the maximum financial responsibility for each Party (determined herein as $1,094,000), each remaining Local Agency Partner, at its sole discretion consistent with Section 3 (b) of this Agreement, shall determine whether to withdraw from the Agreement. CCWD and the Local Agency Partners who do not choose to withdraw will work together to develop an amendment that substantially co nforms to this Agreement. If no mutually agreeable amendment can be developed, the remaining Parties will terminate this Agreement.
(v) If a new Local Agency Partner is added, consistent with Section 12 of this Agreement, each subsequent invoice for each Local Agency Partner will be adjusted to reflect the cost share of the new partner and the total number of Local Agency Partners . The adjustments contemplated herein shall reflect any “catch-up” contribution required of the newly added Local Agency Partner in addition to the contributions to be made on a prospective basis. “Catch-up” contributions shall be calculated based on the then total value of the of the Local Agency Partners’ individual monetary shares paid pursuant to the Agreement as amended prior to the date of the new member’s signing of the Agreement. (vi) If funds remain after work under this Agreement is completed, each Loc al Agency Partner will determine whether its pro -rata share of the remaining funds shall be returned or contributed to future work consistent with Section 7 of this Agreement. Each Local Agency Partner shall advise CCWD of its determination within sixty (60) days of receiving notice from CCWD of the completion of the work, or the remaining funds shall automatically be contributed towards future work.
(vii) In-kind services may include labor costs and overhead costs for staff who are providing in- kind services for Project activities under this Agreement, including but not limited to data collection, document review, communications, stakeholder outreach, management of third-party consultant contracts, and attending Project meetings. In -kind services will contribute toward the non-State funding match required by the Early Funding Agreement, as it may be amended from time to time. In-kind services, pursuant to Section 2.7(d) of this Agreement, are contributed at the discretion of each Local Agency Partner with no minimum or maximum in-kind contribution limits.
4. Section 5 (Term)
Section 5 shall be amended such that the following term shall modify the corresponding term in the Agreement as amended:
The Agreement as amended shall terminate on the earliest occurring of the following events: (i) completion of the work contemplated herein; or (ii) June 30, 2023, unless the Term is further modified consistent with Section 17 of this Agreement.
Amendment No. 4 to the Cost Share Agreement for LVE Project Planning
5. Section 11 (Federal Funding)
Section 11 s hall be amended such that the following term shall supersede and replace the corresponding term in the Agreement in its entirety:
With support from the Local Agency Partners, CCWD is seeking up to 25% cost share in federal funding through the Water Infrastructure Improvements for the Nation (WIIN) Act, Bipartisan Infrastructure Law, or other federal legislation. CCWD has executed an Assistance Agreement for the provision of up to $7.2 million in federal funding for pre-construction activities. If additional federal funding for the Project is appropriated by Congress, Reclamation would receive the requested funding and the funds would support ongoing work. A portion of the federal funds will be directly applied to the scope of work contained in Exhibit A-4. The federal funds will be credited towards any Non-Program Cost Share as required in the Early Funding Agreement as described in Section 10 of this Agreement.
Effective date of Amendment No. 4.
Amendment No. 4, including the financial contribution provisions herein, shall be effective as of the date of signature by CCWD and the JPA and that effective date shall apply retroactively to each subsequent Local Agency Partner signatory.
Except as amended by this Amendment No. 4, the Agreement as previously amended shall continue in full force and effect. This Amendment No. 4 may be executed in counterparts, each of which shall be deemed an original but all of which taken together shall constitute Amendment No. 4. The parties agree to the use of electronic, scanned, and facsimile signatures.
Amendment No. 4 to the Cost Share Agreement for LVE Project Planning
Ed Stevenson, General Manager
Alameda County Water District
Date
Rachel Murphy, General Manager
Contra Costa Water District
Date
Clifford C. Chan, General Manager
East Bay Municipal Utility District
Date
Ric Ortega, General Manager
Grassland Water District
Date
Taryn Ravazzini, Executive Director
Los Vaqueros Reservoir Joint Powers Authority
Date
Dennis J. Herrera, General Manager
San Francisco Public Utilities Commission
Date
Approved as to Form
Deputy City Attorney, San Francisco
Date
Federico Barajas, Executive Director
San Luis & Delta-Mendota Water Authority
Date
Rick L. Callender, Esq., Chief Executive Officer
Santa Clara Valley Water District
Date
Valerie Pryor, General Manager
Zone 7 Water Agency
Date
Cost Share Agreement for LVE Project Planning Exhibit A-4
Exhibit A-4
Amendment No. 4 Scope of Work
The following tasks describe the work efforts by Contra Costa Water District (CCWD), consultants for the Los Vaqueros Reservoir Expansion (LVE) Project, and the Local Agency Partners (as indicated) under this Amendment No. 4 to the Agreement. References to joint work efforts by Reclamation are described as appropriate, but are not intended to imply that Reclamation is a party to this Amendment. CCWD will be supported by the consultant and legal services team that are under contract to CCWD and managed by CCWD.
Task 1 Project Management
Task 1.1 Funding A greement Administration
Administer the Early Funding Agreement executed by CCWD and the California Water Commission (CWC), including meeting reporting and invoicing requirements of the Early Funding A greement, coordinating with CWC staff as needed to respond to questions and data requests, and managing cost commitments. Provide financial statements and other supporting documentation as requested by the CWC staff pertaining to the Early Funding Agreement.
Administer the Assistance Agreement executed by CCWD and Reclamation, including meeting reporting and invoicing requirements of the Assistance A greement, and coordination with Reclamation staff as needed to respond to questions, data requests, or other inquiries.
Prepare quarterly progress reports detailing work completed in prior quarter in accordance with Water Storage Investment Program ( WSIP) requirements, Cost Share MOA with Reclamation , and the Assistance Agreement with Reclamation. Progress reports will explain the status of the Project and will include the following information: summary of the work completed for the project during the reporting period; activities and milestones achieved; and accomplishments and any problems encountered in the performance of work.
Prepare monthly invoices meeting the invoice content terms of the Early Funding Agreement, the Cost Share MOA with Reclamation , and the Assistance Agreement, including relevant supporting documentation for submittal to the CWC and Reclamation. Coordinate with consultants and Local Agency Partners to prepare and submit sufficient backup documentation to support claimed costs.
Deliverables:
Invoices and associated backup documentation
Quarterly Progress Reports (for CWC and Reclamation)
Cost Share Agreement for LVE Project Planning Exhibit A-4
Task 1.2 Project Management Activities
This task includes project management activities performed by CCWD, Local Agency Partners, consultants, and other agencies related to, but not limited to, managing staff, invoicing, budgeting, scheduling, procuring consultants and technical services, reviewing submittals, holding meetings and conference calls, and coordinating and reporting project activities that are within the objectives of the Project and of this Agreement.
Deliverables:
Summary updates on project management activities in Quarterly Progress Reports Task 1.3 Joint Powers Authority Formation
This task has been completed.
Task 1.4 JPA Adm inistration
CCWD will transition its responsibilities as the initial Administrator to the Executive Director but will continue to oversee and manage any consultants of the Authority and will report to the Board until such time that the JPA has the capacity to administer such contracts and provide that oversight.
The JPA will competitively procure a Program Management Consultant Team , banking services , insurance, and other financial services, such as an auditor. The JPA will continue with necessary actions related to its administration, including conducting Board of Directors’ and committee meeting s. The JPA will take all actions necessary to procure a loan under the U.S. Environmental Protection Agency’s (USEPA) WIFIA Loan program, which will include preparation of an application if the JPA is invited by the USEPA to apply and obtaining required credit rating(s), among other necessary tasks.
Legal counsel will work with the legal workgroup to develop all agreements that the JPA will enter into including but not limited to interim funding agreement, service agreements, state and federal funding agreements, contracts to procure services, contracts for administration of public benefits with CDFW and DWR, design and construction agreements with CCWD and EBMUD, usage agreements with CCWD and EBMUD, operations and maintenance agreements with CCWD and EBMUD.
Deliverables:
Service agreements
Continued funding through Multi-Party Cost Share Agreement amendments WIFIA Loan Application
Agreements between JPA and State/Federal Agencies
o Contract for Administration of Public Benefits
o Construction Agreement with Reclamation
o Final Award with CWC
Agreements between the JPA and CCWD
o Technical Services Agreement
o Facilities Usage Agreement
o Design and Construction Agreement
Cost Share Agreement for LVE Project Planning Exhibit A-4
o Operations and Maintenance Agreement
Agreements between the JPA and EBMUD
o Facilities Usage Agreement
o Design and Construction Agreement
o Operations and Maintenance Agreement
Task 2 Environmental Planning
Task 2.1 Modeling
Modeling tasks to support preparation of the Final Supplement to the Final EIS/EIR were completed previously. Develop new or modify existing modeling tools so that operations or limitations of various operational priorities can be evaluated in terms of benefits to partners. Refine the model to track terms and requirements of various water rights. Refine the Los Vaqueros daily operations model to accommodate partner operations, which may serve as a tracking tool in the future for permit reporting, billing, scheduling deliveries, etc.
Deliverables:
Revised CalSim Model (ongoing)
Summaries of modeling results (ongoing)
Task 2.2 Public Outreach
Perform outreach activities to educate and inform the media, elected officials, CCWD ratepayers, communities in the Los Vaqueros area, environmental organizations, and regional and statewide interests about the purpose, objectives, and results of the technical studies.
Respond to routine stakeholder comments. Post responses as appropriate to the CCWD hosted project we
bsite at ccwater.com and losvaquerosjpa.com or share with stakeholders in informal meetings.
A public meeting was previously held in Concord to support the CCWD Board of Directors’ certification of the Final Supplement, approval of a project, and adoption of CEQA Findings and MMRP.
Deliverables:
Stakeholder and public involvement program
Documentation of outreach activities
Public meeting(s) for Final Supplement to the Final EIS/EIR (completed) Public meetings to support Record of Decision if necessary Task 2.3 E nvironmental Document and Technical Studies The U.S. Department of the Interior, Bureau of Reclamation, Region 10 – California-Great Basin (Reclamation) is the lead agency under the National Environmental Policy Act (NEPA) for preparation of the EIS and, in conjunction with CCWD, the lead agency under CEQA. Reclamation and CCWD
Cost Share Agreement for LVE Project Planning Exhibit A-4
previously prepared a joint Final EIS/EIR in March 2010 and CCWD completed construction of the first phase of reservoir expansion from 100,000 acre -feet (100 TAF) to 160 TAF in 2012. Reclamation and CCWD previously prepared a joint Supplement to the Final EIS/EIR document to support the seco nd phase of reservoir expansion up to 275 TAF.
The development of the Supplement to the Final EIS/EIR, including the completion of the necessary technical studies in support of this effort culminating with issuance of the Supplement, were previously completed. The studies and data produced adhered to the federal planning and NEPA guidelines, CEQA guidelines, and WSIP guidance. Technical studies were conducted in accordance with the alternatives identified in the Draft Supplement.
If there are project chang es, additional environmental surveys (i.e., aquatic resources, wildlife/botanical, etc.), documentation (i.e., CEQA/NEPA addendum/memo to file) and permitting effort (i.e., application/agreement amendments) may be required.
All agency meetings and technical workgroup meetings required to support the environmental document and studies are described in Task 1.2 and Task 2.2. (2.3.1) Post-Draft Supplement Technical Studies and Surveys This task has been completed.
(2.3.2) Transfer-Bethany Pipeline Alternative Location Evaluation This task has been completed.
(2.3.3) Final Supplement to the Final EIS/EIR
This task has been completed.
(2.3.4) CEQA Findings and Mitigation Monitoring and Reporting Plan This task has been completed.
(2.3.5) Record of Decision
It is anticipated that Reclamation will issue a Record of Decision on the Project during the term of this Amendment. CCWD will provide support to Reclamation with any necessary reporting, public meetings, briefings, white papers, and/or presentations.
Deliverables:
Record of Decision
Task 2.4 Regulatory Permitting
Prepare documentation of environmental regulatory compliance including the Clean Water Act (CWA ) Section 404(b)(1), CWA Section 401, the Federal Endangered Species Act (Section 7), the California Endangered Species Act, Section 1602 of the California Fish and Game Code, the National Historic Preservation Act (NHPA Section 106), and the Fish and Wildlife Coordination Act (FWCA). When possible or beneficial, obtain amendments to existing permits and excess compensation land
Cost Share Agreement for LVE Project Planning Exhibit A-4
acquired/managed during the Phase 1 expansion. If not possible to amend existing permits, seek new permits. Coordinate with regula tory agencies to confirm when amendments will be appropriate. In support of this task, several key work efforts (described below) will be completed.
Conduct reconnaissance-level biological field surveys of any new project areas (if any) to identify the potential for the presence of sensitive biological resources. Conduct a desktop analysis including a database search of the California Natural Diversity Data Base (CNDDB), California Native Plants Society's Inventory of Rare and Endangered Plants, USFWS species lists, and NMFS species lists in order to determine the potential occurrence of special-status plants, animals, and vegetation communities.
Conduct site-specific biotic assessments to identify biological resources that are present or have a high likelihood to occur in the study area, and to assess the likely impacts associated with construction and/or long -term operations of the proposed project on biological resources. The results of the reconnaissance survey and analysis will be used to inform the regulatory permitting documents, and resource agency review.
Prepare the regulatory permit applications for the proposed project. Attend meetings with regulatory agencies. Develop supporting technical reports, as needed, to support preparation of proposed permit applications. Permit applications and supporting documents to be prepared in support of the project may include: Biological Assessment for Federal Endangered Species Act compliance and Magnuson Stevens Fisheries Conservation and Management Act compliance; Clean Water Act Section 404/Section 10 Individual Permit Application; Clean Water Act Section 401 Clean Water Act Water Quality Certification Application; California Fish and Game Code Section 1602 Streambed Alteration Agreement Application; Section 2081 California Endangered Species Act Incidental Take Permit Application; Fish and Wildlife Coordination Act Report; National Historic Preservation Act Section 106 compliance; and Aquatic Resources Delineation.
Deliverables:
Rare plant surveys and report of results (completed)
Wetland delineation and mapping, report of results (completed) Administrative Draft Supplement to the Final EIS/EIR (completed) Final Supplement to the Final EIS/EIR (completed)
Draft CEQA Findings and MMRP (completed)
Final CEQA Findings and MMRP (completed)
Permit applications and supporting technical reports, as applicable (in progress) Task 2.5 Water Rights Permitting
Coordinate with Reclamation, the Department of Water Resources (DWR), Local Agency Partners, and the State Water Resources Control Board (State Water Board) regarding changes to existing water rights. Prepare petitions for change for CCWD’s water right permit and assist Reclamation, DWR, and Local Agency Partners with preparation of additional change petitions, as required. File petitions with the State Water Board, assist State Water Board staff with drafting orders and permit amendments as required, respond to any protests that may be filed and seek resolution of those protests, prepare for and participate in hearings as required.
Cost Share Agreement for LVE Project Planning Exhibit A-4
Deliverables:
Change petitions for CCWD’s Los Vaqueros water right (in progress) Change petitions for Reclamation’s water rights (in progress) Change petition(s) for DWR’s water rights (in progress) Change petition(s) for Local Agency Partners’ water rights, as required Agreement between EBMUD and CCWD for temporary source of water supply Agreement between SFPUC and CCWD for source of water supply
Task 2.6 Co mpensatory Mitigation
Identify potential mitigation lands as needed for Task 2.4. Determine preliminary a ppraisal value of potential mitigation lands. Acquire options to acquire mitigation lands with the concurrence of the Local Agency Partners.
Deliverables:
Identification and preliminary appraisal of potential mitigation sites
Task 2.7 Final Award Hearing Requirements
A series of agreements will be needed to meet the final award hearing requirements of the California Water Commission. Progress on a number of these agreements will commence during the term of this amendment. The agreements necessary to proceed to the final award hearing may include but are not limited to: operations coordination agreements between CCWD and Reclamation and between CCWD and the Department of Water Resources ; contracts for administration of public benefits between the JPA and DWR, and between the JPA and CDFW ; a cost share agreement between CCWD and Reclamation for pre-construction activities; an agreement between CCWD and DWR for the tie-in of the Transfer-Bethany Pipeline to the California Aqueduct; a Backstop Water Service Agreement between CCWD and EBMUD (pending determination to proceed); an agreement between CCWD and the JPA for design and construction of Project facilities; an agreement between EBMUD and the JPA for design and construction of Project facilities.
Deliverables:
Operations coordination agreement(s) between CCWD and Reclamation and between CCWD and DWR (in progress)
Contracts for administration of public benefits between the JPA and CDFW, and between the JPA and DWR
Cost-share agreement with Reclamation for pre-construction activities (completed) Agreement between CCWD and DWR for the tie-in of the Transfer-Bethany Pipeline to the California Aqueduct (in progress)
MOU between CCWD and EBMUD (completed)
Cost-share agreement between CCWD and Reclamation for construction activities
Cost Share Agreement for LVE Project Planning Exhibit A-4
Backstop Water Service Agreement between CCWD and EBMUD (pending determination to proceed)
Agreement between CCWD and the JPA for the design and construction of Project facilities (in progress)
Agreement between EBMUD and the JPA for the design and construction of Project facilities (in progress)
Task 3 Engineering Feasibility
Task 3.1 Financial Evaluation
Perform a financial evaluation that will assess the costs and merits of the Project.
Clean Energy Capital will further develop a Microsoft Excel -based Proforma Financial Model for the Project that incorporates water pricing options and integration with the CalSim model ; h old stakeholder meetings and workshops; collect and review stakeholder and local partner comments and inputs to the model ; r efine model as additional information arises that may affect the local agency partners, operations, water pricing, or other financial components of the Project. Clean Energy Capital will work directly with Local Agency Partners, as needed, to support each agency’s understanding and familiarity with the financial evaluation.
Clean Energy Capital will also create a Plan of Finance describing the proposed financing structure and assumptions for financing the Project. The Plan of Finance will take into consideration appropriate debt structures, timing, impact on rates, budgeting, credit ratings, tax laws, availability of grants and other State and Federal funding, Local Agency Partners that may choose to pay upfront in -lieu of participating in JPA financing, an d assessment of capital market conditions. Evaluate the funding capabilities of a JPA and associated contractual requirements for partners receiving and paying for services.
Deliverables:
Updated Proforma Financial Model (ongoing)
Further support for evaluation of Refined Usage Fees (completed) Plan of Finance
Task 3.2 Federal Feasibility Re
port
The Final Federal Feasibility Report was completed in 2020 and was submitted to Congress on August 11, 2020. The Secretary of the Interior and/or Congress may continue to evaluate federal participation in the Project throughout the term of this Amendment.
Additional work may be necessary to secure Congressional budget appropriations for construction activities. C CWD and Local Agency Partners will also provide support to Reclamation on any post- feasibility report requirements as needed.
Deliverables:
Cost Share Agreement for LVE Project Planning Exhibit A-4
Final Federal Feasibility Study (completed)
Updated fact sheets for meetings with elected officials (in progress) Updated federal funding and budget requests (in progress) Post-feasibility report support (in progress)
Task 3.3 Design
(3.3.1) Pumping Plant No. 1 Replacement
Preliminary design technical evaluations were completed by CCWD as part of CCWD’s Canal Replacement Project. Additional design development and evaluations must be completed in support of permitting and developing inter -agency agreements, including field work, site facility layouts, and development of electrical design sufficient for coordination with the Western Area Power Administration (WAPA).
Deliverables:
Pumping Plant No. 1 Preliminary Design Report (completed) Conceptual Facility Layout Drawings (completed)
Electrical System Improvements Conceptual Plans (completed) Geotechnical Investigation Report (completed)
30%, 60%, 90% and Final Plans, Specifications (in progress) 30% Construction cost estimates (completed)
Final Design
Agreement with WAPA
(3.3.2) Los Vaqueros Dam
This task includes work efforts related to design of the Los Vaqueros Dam expansion to gain Division of Safety of Dams (DSOD) authorization to construct. Design-related tasks may include, but are not limited to, reporting, investigations, testing, analysis, and surveys; geotechnical investigations and reporting; stability and deformation analysis; design of earthquake ground motions and parameters, spillway, new high-level outlet, inlet/outlet tunnel modifications and dam instrumentation; constructability review, DSOD meetings and correspondence; and design of site restoration for the core borrow area.
This task includes meetings with a Technical Review Board for independent review of the dam consultant’s work in accordance with DSOD guidelines.
Deliverables:
LV Dam Drawings and Specifications 50% (completed)
LV Dam Drawings and Specifications 90% (completed)
LV Cost Estimate/Schedule 50% (completed)
Draft Basis of Design Report (completed)
Geotechnical Data Report (completed)
LV Dam Risk Assessment (completed)
Dam dewatering plan (completed)
Constructability Review Comments and Response Matrix (completed)
Cost Share Agreement for LVE Project Planning Exhibit A-4
LV Dam Drawings and Specifications 100%
LV Cost Estimate/Schedule 100%
(3.3.3) Transfer-Bethany Pipeline
Continue pipeline alignment evaluations resulting from continued coordination with local resource and transportation agencies. CCWD will work with Contra Costa County Public Works and the Contra Costa Transportation Authority and their ongoing regional transportation planning for the Vasco Road widening and the State Route 239 Connector a nd will evaluate alignment adjustments as needed.
CCWD will work with resource agencies to evaluate implications of alignment modifications and construction methods and associated mitigation and land needs along the alignment south of Vasco road in support of coordination with the East Contra Costa Habitat Conservation Plan and the County.
CCWD will coordinate with the Department of Water Resources to review and define design criteria and to develop design s of the turn -in to the California Aqueduct, and will review available geotechnical information and define pipeline corridor within State owned lands. A final pipeline alignment and land acquisition corridor will be defined. CCWD will prepare a geotechnical work plan and initial assessment of land acquisition needs.
Topographic survey will be completed with up -to-date aerial photography. CCWD will work with landowners and secure access rights to conduct field investigations, incl uding geotechnical investigations, cathodic protection surveys and environmental surveys, as needed. Preliminary design of the pipeline and turn -in will be developed , including plan and profile drawings, hydraulic analysis , pipeline material evaluation, s urge analysis and preparation of preliminary design construction schedule and cost estimate. A risk assessment will be conducted and a risk register developed that will be maintained through project implementation. Prepare plats and legal descriptions for temporary and permanent land acquisition, conduct property appraisals, initiate negotiations with landowners , and begin procurement of pipeline rights-of-way.
Deliverables:
Alignment Adjustment Evaluations Tech Memo (in progress) Transfer-Bethany Pipeline Design Criteria Tech Memo
Transfer-Bethany Pipeline Preliminary Design Report
Topographic Survey
Geotechnical Work Plan
Assessment of Pipeline Land Acquisition Needs (in progress) Draft and Final Geotechnical Data Report
Title and Appraisal Reports
(3.3.4) Operation and Reliability Assessment
This task has been completed.
(3.3.5) Recreation Facilities
Cost Share Agreement for LVE Project Planning Exhibit A-4
Plan and develop the conceptual designs for project recreational facilities (I.e., Marina Complex and replacement of Los Vaqueros Road, Service Road/Hiking Trail, Interpretative Center Expansion, Watershed Office Barn, ADA-compliant trail at the existing Mortero Wetland Complex, relocated fishing piers). Services specific to the development of the replacement of Los Vaqueros Road will include development of initial plan and profile design of the roadway, including estimates of grading modifications, drainage, pavement and other elements to support a prelim inary design construction cost estimate.
Deliverables:
Conceptual plans and renderings (in progress)
Preliminary basis of design report (in progress)
Design & construction cost estimate (in progress)
(3.3.6) Existing Facilities Inspections and Assessments Procure consulting services to conduct inspections and assessments of the existing Los Vaqueros Pipeline, the Transfer Pipeline, and the Contra Costa Canal between Pumping Plant No. 2 and Pumping Plant No. 4 to confirm condition, reliability, a nd capacity to operate consistent with the planned operations. Develop facility impact plans to coordinate CCWD operations, shutdowns and draining, as needed. Prepare inspection reports and recommend improvements, if needed.
Deliverables:
Pipeline inspection firm procurement documents (completed) Pipeline Inspection (completed)
Reports documenting conditions of facilities and potential future actions or improvements
Geotechnical Investigation Work Plan
Task 3.4 Capital Project M anagement Support
CCWD will competitively procure a consultant to provide Capital Project Management Support Services to conduct a range of risk and technical project activities, including risk assessment and participation in the risk management team, schedule control and optimization, deliverable tracking, project controls and quality management, and resource and budget projections.
Deliverables:
Risk Management Plan
Implementation Phase Risk Assessment Report
Evaluation of the need for alternative water supply during dam construction
Cost Share Agreement for LVE Project Planning Exhibit B-4
Exhibit B-4
Budget and Cost Share
The budget for Amendment No. 4 to the Agreement covers three major tasks: project management, environmental planning, and engineering feasibility. The total budget includes projected expenditures for legal and consulting services and CCWD labor . The total cost for the scope of work listed in Exhibit A-3 that is covered in this Amendment is $13,250,000 as shown in Table 1.
Table 1. Budget of Scope of Work
Original MPA
Budget
Amendment
No. 2
Amendment
No.3
Amendment
No. 4 Total
Project
Management $1,090,600 $2,302,400 $1,460,200 $1,768,000 $6,621,200 Environmental
Planning $3,777,400 $5,368,967 $4,816,429 $4,462,000 $18,424,796 Engineering
Feasibility $6,755,400 $10,161,300 $13,467,940 $6,306,000 $36,690,640 Contingency * $987,228 $714,000 $1,701,228
Total $11,623,400 $17,832,667 $20,731,798 $13,250,000 $63,437,864
*$300,000 was assumed as contingency in Amendment No. 2 but was included in the Project Management Task
The total cost to complete the scope of work is $13,250,000 and will be paid through a combination of reimbursement from Reclamation, reimbursement from the California Water Commission (CWC), and contributions from CCWD and the Local Agency Partners. To calculate the amount owed by CCWD and the Local Agency Partners, the total cost is reduced by reimbursements from the CWC and Reclamation and the projected carryover of unspent funds from the Agreement as amended . The costs remaining after accounting for contributions from CWC, Reclamation, and carryover funding is $7,658,000 as shown in Table 2 . This is equal to the Total Cost share defined in Section 3(a) of the Agreement as amended and will be split equally among CCWD and the Local Agency Partners, excluding Grassland Water District and the JPA . One invoice is proposed over the term of the Agreement as amended for CCWD and each Local Agency Partner.
Table 2. Cost to be Paid by CCWD and LAPs
Net Costs for term covered by Amendment No. 4 to Multi-party Agreement (January 2023 - June 2023)
Amount
Total Projected Costs $13,250,000
less Reclamation reimbursement -$3,009,000
less projected carryover of unspent funds from Amendment No.3 -$1,250,000 less projected CWC reimbursement -$1,333,000
Total Remaining Costs $7,658,000
Table 3 shows the invoice schedule and the total costs per agency. For purposes of calculating the Cost Share Agreement for LVE Project Planning Exhibit B-4
amount to be invoiced, the “total number of agencies participating” is equal to the total number of parties signatory to this Amendment No. 4 (including CCWD) but excluding Grassland Water District and the JPA and further excluding any signatory party which has completed its withdrawal from the Agreement prior to the time for payment.
Table 3. Cost per Agency and Invoice Schedule
Invoice #1
Total Cost Per Agency January 2023
7 Agencies Participate $1,094,000
$1,094,000