DEPARTMENT
Water Enterprise
AGENDA NO.
7 MEETING DATE
August 22, 2023
AGENDA ITEM
Public Utilities Commission
City and County of San Francisco
Calendar: Regular Calendar
Contract/Project Manager: Senobar Lanigan
Approve Amendment No. 5 to Contract No. CS-1408, Multi-Party Cost Share Contract for Los Vaqueros Reservoir Expansion Project Planning
Summary of Proposed
Commission Action:
Approve Amendment No. 5 to Contract No. CS -1408, Multi -Party Cost Share Contract for Los Vaqueros Reservoir Expansion Project Planning with Alameda County Flood Control and Water Conservation District Zone 7 , Alameda County Water District , Contra Costa Water District, East Bay Municipal Utility District, Grassland Water District, San Luis & Delta-Mendota Water Authority, Santa Clara Valley Water District, and Los Vaqueros Reservoir Joint Powers Authority, to increase the not-to-exceed Contract amount by $8,673,000, of which $1,239,000 would be the not-to-exceed obligation of the San Francisco Public Utilities Commission, for a new total not- to-exceed amount of $31,525,836, of which $4,597,910 would be the total not -to-exceed obligation of the San Francisco Public Utilities Commission , and extend the C ontract duration by 12 months for a new total C ontract duration of five years and four months. The reque sted increase in budget and time is due to additional roles and responsibilities assumed by parties to the Contract and due to delays in negotiation and execution of contracts with California Department of Water Resources (DWR) , California Department of Fish and Wildlife , and permits with the U.S.
Bureau of Reclamation (Reclamation).
Background: Contra Costa Water District (CCWD) and the Los Vaqueros Reservoir Joint Powers Authority are 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 to provide broad-
ranging water supply and
environmental benefits throughout the Bay Area.
The Project could potentially provide the San Francisco Public Utilities Commission ( SFPUC) with up to 40,000 acre -feet of storage and a supplemental dry year supply for retail and wholesale water customers.
Use of the new storage is contingent upon the SFPUC successfully securing a source of water to store in Los Vaqueros and having a Agenda Title: Contract No. CS-1408, Multi-Party Cost Share Contract for Los Vaqueros Reservoir Expansion Project Planning
Commission Meeting Date: August 22, 2023
reliable conveyance path to deliver the stored water either (1) directly into the SFPUC’s San Antonio Reservoir , or (2) as an exchange of supply with water agencies in the region.
SFPUC staff continue to evaluate feasib le sources of water to fill Los Vaqueros as well as water conveyance through the South Bay Aqueduct, a facility owned and operated by the DWR . The South Bay Aqueduct would most likely be used to deliver wate r from the Project to San Antonio Reservoir or through exchanges with SBA contractors.
The Project includes construction of the Transfer -Bethany Pipeline to link Los Vaqueros to the South Bay Aqueduct.
On December 13, 2016, by Resolution No. 16-0258, the Commission authorized participation in the Project through a cost share contract with CCWD and the Bay Area Water Supply & Conservation Agency (BAWSCA). The Project subsequently secured grant funds through the California Water Commission and Reclamation f or continued Project development and implementation. That contract has since expired.
On March 26, 2019, by Resolution No. 19- 0060, this Commission approved this Contract No. CS-1408 (Contract) with CCWD and several other public entities, collectively referred to as the Local Agency Partners. The Contract had a duration of up to 16 months and a total amount of $2,833,036, split among eight parties , with the SFPUC’s financial contribution not to exceed $354,129. The SFPUC and the Local A gency Partners have amended the Contract four times to extend the term, increase funding, add new tasks , and complete performance of existing tasks.
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 continues to support the SFPUC’s participation.
On Aug ust 24, 2021, by Resolution No. 21- 0131, this Commission authorized the General Manager to execute the Los Vaqueros Reservoir Expansion Joint Exercise of Powers Contract with
seven other Bay
Area and Central Valley water agencies creating a new Joint Power s Authority (JPA) to govern the design, construction, future operation, and administration of the Project.
The SFPUC and the Local Agency Partners have previously amended the Contract four times to extend the term, increase funding, add new tasks, and complete performance of existing tasks.
Scope of Contract: The Contract work location is the Contra Costa Water District Service Area.
Agenda Title: Contract No. CS-1408, Multi-Party Cost Share Contract for Los Vaqueros Reservoir Expansion Project Planning
Commission Meeting Date: August 22, 2023
Scope of work:
Project Management Tasks:
• Administration of Early Funding Contract between CCWD and the California Water Commission (CWC) and Assistance Agreement between CCWD and Reclamation, including
reporting, invoicing, and coordination;
• Transition of JPA Administration responsibilities from CCWD as the Interim Administrator to the JPA Executive Director; • Preparation and submittal of an application, and obtaining required credit rating(s), among other necessary tasks to apply for a loan under the U.S. EPA WIFIA Loan program; and
• Development of all future JPA contract s including state and federal funding contract s, contracts to procure services, contracts for administration of public benefits with CDFW and DWR, design and construction contract
s with CCWD and
EBMUD, facilities usage contract s with CCWD and EBMUD, and operations and maintenance contract s with CCWD and EBMUD.
Deliverables:
□ Monthly & Quarterly Progress Reports (for CWC and
Reclamation)
□ Monthly Progress Reports on project management activities □ Service Agreement
□ WIFIA Loan Application
□ Public information materials
□ Contracts between JPA and State/Federal Agencies
o Contract for Administration of Public Benefits
o Construction Funding Contract with Reclamation
o Final Funding Contract with CWC
□ Contracts between the JPA and CCWD
o Facilities Usage Contract
o Design and Construction Contract
o Operations and Maintenance Contract
□ Contracts between the JPA and EBMUD
o Facilities Usage Contract
o Design and Construction Contract
o Operations and Maintenance Contract
Environmental Planning Tasks:
• Developing modeling tools to support the JPA in establishing operational priorities and the allocation of facility capacity and anticipated benefits to JPA Members for incorporation into the Service Agreement, track terms and requirements of various water rights and permits, and accommodate daily operations; Agenda Title: Contract No. CS-1408, Multi-Party Cost Share Contract for Los Vaqueros Reservoir Expansion Project Planning
Commission Meeting Date: August 22, 2023
• Public outreach activities to explain the purpose, objectives, and results of the Project and related technical studies;
• Providing appropriate support to Reclamation through
reporting, public meetings, briefings, white papers, and presentations;
• Securing a federal Record of Decision for the Project; • Preparing petitions for change and amendments to w ater rights permits in coordination with Reclamation, the Department of Water Resources (DWR), JPA Members, and the State Water Resources Control Board (State Water Board);
• Assisting SFPUC to secure a new source of water to fill its share of Project storage; and
• Identifying Compensatory Mitigation lands as needed,
determining preliminary appraisal value of such lands, and acquiring options to acquire mitigation lands.
Deliverables:
□ Revised CALSim Model
□ Summaries of modeling results
□ Stakeholder and public involvement program
□ Reclamation Record of Decision
□ Change petitions for CCWD’s Los Vaqueros, Reclamation and DWR’s water rights
□ Identification and preliminary appraisal of potential mitigation sites
Engineering Feasibility Tasks:
• Perform a financial evaluation to assess Project costs and benefits;
• Prepare a Proforma Financial Model that includes water pricing options and integration with the CALSim model;
• Work directly with JPA Members to support each agency’s understanding and familiarity with the financial evaluation; • Create a Plan of Finance that describes the Project financing structure and assumptions including debt structures, timing, impact on rates, budgeting, credit ratings, tax laws, availability of grants and other State and Federal funding;
• Perform additional work that may be necessary to secure Congressional budget appropriations for construction activities; • Develop additional design work for Pumping Plant No. 1 to support permitting and conclude inter-agency contract s, including field work, prepare site facility layouts, and electrical design to support coordination with the Western Area Power Administration (WAPA);
• Continue efforts to gain Division of Safety of Dams (DSOD) authorization to expand Los Vaqueros Dam;
Agenda Title: Contract No. CS-1408, Multi-Party Cost Share Contract for Los Vaqueros Reservoir Expansion Project Planning
Commission Meeting Date: August 22, 2023
• Continue to coordination with state and local transportation agencies on Transfer Bethany Pipeline alignment and
geotechnical evaluations;
• Coordinating with DWR to review and define design criteria and to develop designs for the Transfer Bethany Pipeline connection to the California Aqueduct;
• Prepare a geotechnical work plan and initial assessment of land acquisition needs; and
• Provide capital project management updates including schedule control and optimization, deliverable tracking, project controls and quality management, and resource and budget projections.
Deliverables:
□ Updated Proforma Financial Model for the Project
□ Project Plan of Finance
□ Updated Federal funding and budget requests
□ Federal Post-feasibility report support
□ Pumping Plant No. 1 30%, 60%, 90% and Final Design
□ Contract with WAPA
□ Los Vaqueros Dam Drawings and Specifications (Final - 100%) □ Los Vaqueros Dam Cost Estimate/Schedule (Final - 100%) □ Transfer- Bethany Pipeline Alignment Adjustment Evaluations Tech Memo
□ Transfer-Bethany Pipeline Design Criteria Tech Memo , Preliminary Design Report, Topographic Survey, Geotechnical Work Plan
□ Assessment of Pipeline Land Acquisition Needs & Title and Appraisal Reports
□ Capital Project management - Risk Management Plan and Implementation Phase Risk Assessment Report
□ Evaluation of the need for alternative water supply during dam construction
Amendments to the
Contract:
Proposed Amendment No. 5: Staff seeks Commission authorization to increase the not-to-exceed contract amount by $8,673,000, of which $1,239,000 would be the obligation of the SFPUC, for a new total not- to-exceed amount of $31,525,836, of which $4,597,910 would be the total not-to-exceed for SFPUC, and extend the Contract duration by 12 months for a new total Contract term of five years and four months to allow for completion of the outstanding and additional tasks as outlined in the revised Scope of Work (Attachment A-5).
Previous Amendments:
Amendment No. 1: On June 9, 2020, by Resolution No. 20-0124, this Commission approved Amendment No. 1, increasing the Contract time by 6 months for a new total Contract time of one year and ten months.
Agenda Title: Contract No. CS-1408, Multi-Party Cost Share Contract for Los Vaqueros Reservoir Expansion Project Planning
Commission Meeting Date: August 22, 2023
Amendment No. 2: On November 10, 2020, by Resolution No. 20- 0228, this Commission approved Amendment No. 2 , increasing the Contract amount by $6,081,967, of which $1,013,661 was the obligation of the SFPUC, for a total not -to-exceed Contract amount of $1,367,790 for the SFPUC, and increasing the Contract time by 12 months for a new total Contract time of two years and ten months.
Amendment No. 3: On August 24, 2021, by Resolution No. 21-0132, this Commission approved Amendment No. 3, increasing the Contract amount by $6,279,840, of which $897,120 was the
obligation of the
SFPUC, for a total not-to-exceed Contract amount of $2,264,910 for the SFPUC, and increasing the Contract time by 12 months for a new total Contract time of three years and ten months.
Amendment No. 4: On December 13, 2022, by Resolution No. 22- 0217, this Commission approved Amendment No. 4, increasing the Contract amount by $ 7,658,000, of which $1,094,000 was the obligation of the SFPUC, for a total not -to-exceed Contract amount of $3,358,910 for the SFPUC, and increasing the Contract time by 6 months for a new total Contract time of four years and four months.
Funding and Costs Funding Source: Water Enterprise, Alternative Water Supply Program Project No. 10036487, Los Vaqueros Reservoir Expansion Project .
This is a Regional project, funded by the Wholesale Revenue Requirement and retail customer rates.
Original Not-to-Exceed Amount: $ 354,129
Total Amendments to Date (Nos. 1-4): $ 3,004,781
Proposed Amendment No. 5: $1,239,000
Total Not-To-Exceed Contract Amount: $4,597,910
Schedule: Original Duration: months
Amendment Nos. 1 through 4 Duration: Three years and two months.
Proposed Amendment No. 5 Duration: 12 months
Total Duration: five years and four months
Environmental Review: Amendment No. 5 to the Contract does not constitute a “project” under California Environmental Quality Act Guidelines s ection 15378 because the Contract will be used to fund only environmental, planning, design, and financial studies and there would be no physical change in the environment . Subsequent approvals of the project would be considered by this Commission only after the appropriate environmental review in conformance with CEQA has been completed.
Agenda Title: Contract No. CS-1408, Multi-Party Cost Share Contract for Los Vaqueros Reservoir Expansion Project Planning
Commission Meeting Date: August 22, 2023
Local Business Enterprise
Participation and Non-
Discrimination In
Contracting:
This Contract is between government entities and the LBE participation requirements do not apply to this contract.
Attachments: 1. Amendment No. 5 to the Multi-Party Cost Share Contract
2. Exhibit A-5 Scope of Work
3. Exhibit B-5 Budget
Agenda Title: Contract No. CS-1408, Multi-Party Cost Share Contract for Los Vaqueros Reservoir Expansion Project Planning
Commission Meeting Date: August 22, 2023
PUBLIC UTILITIES COMMISSION
City and County of San Francisco
RESOLUTION NO.
WHEREAS, The San Francisco Public Utilities Commission (SFPUC) endeavors 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 March 26, 2019, by Resolution No. 19- 0060, this Commission approved the SFPUC’s participation in the Multi-Party Cost Share Contract () 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 (Local Agency Partners) for continued Project planning, which included (1) financial contribution by the SFPUC of up to $354,129 and a duration of 16 months; (2) planning activities to complete environmental review; (3) financial evaluation of the Project; (4) development of a governance structure for agencies who decide to participate in the Project; (5) consultations for Project permitting; and (6) advancing Project design; and
WHEREAS, On June 22, 2020, by Resolution No. 20- 0124, this Commission approved Amendment No. 1 to the Contract for continued Project planning, which extended the Contract ’s duration by six months, to December 31, 2020; and
WHEREAS, On November 10, 2020, by Resolution No. 20- 0228, this Commission approved Amendment No. 2 to the Contract , which extended the term of the Contract by an additional 12 months, to December 31, 2021, and increased the Contract amount by a total of up to $6,081,967, divided equally among the Local Agency Partners , with a maximum contribution by the SFPUC not-to-exceed $1,013,661, for a total not-to-exceed amount of $1,367,790; and WHEREAS, On August 24, 2021, by Resolution No. 21-0132, this Commission approved Amendment No. 3 to the Contract , which extended the term of the Contract by an additional 12 months, to December 31, 2022, and increased the Contract amount by a total of up to $6,279,840, with a maximum contribution by the SFPUC not -to-exceed $897,120, for a total not -to-exceed amount of $2,264,910; and
WHEREAS, On August 24, 2021, by Resolution No. 21-0131, this Commission authorized the General Manager to execute the Los Vaqueros Reservoir Expansion Joint Exercise of Powers Contract 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 WHEREAS, On December 13, 2022, by Resolution No. 22- 0217, this Commission approved Amendment No. 4 to the Contract , which extended the term of the Contract by an additional six months, to June 30, 2023, and increased the Contract amount by a total of up to $7,658,000, divided equally among the Local Agency Partners , with a maximum contribution by the SFPUC not-to-exceed $1,094,000, for a total not-to-exceed amount of $3,358,910; and WHEREAS, The South Bay Aqueduct (SBA), owned and operated by the California Department of Water Resources (DWR), is currently identified as the primary conduit to deliver water from the Project to the SFPUC’s service 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 contract s 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, Amendment No. 5 does not constitute a “project” under California Environmental Quality Act Guidelines Section 15378 because there would be no physical change in the environment; and
WHEREAS, The cost
to complete the scope of work is $19,073,000 and will be paid through a combination of reimbursement from Us Bureau of Reclamation, reimbursement from the California Water Commission, and contributions from the Local Agency Partners. The costs remaining after accounting for contributions from CWC, Reclamation, and carryover funding is $8,673,000 and will be split equally among the Local Partner Agencies, excluding Grassland Water District. Of the $8,673,000 cost increase, $1,239,000 would be the obligation of the SFPUC; and
WHEREAS, Services covered under this Amendment No. 5 are anticipated to begin July 1, 2023 and end June 30, 2024 and the total duration of this Contract is 12 months; and WHEREAS, Amendment No. 5 to the Contract does not constitute a “project” under California Environmental Quality Act Guidelines section 15378 because the Contract will be used to fund only environmental, planning, design, and financial studies and there would be no physical change in the environment; and
WHEREAS, Subsequent approvals of the project would be considered by this Commission only after the appropriate environmental review in conformance with CEQA has been completed; and
WHEREAS, Funds for this Contract will be available at the time of award of the contract from Project No. 10036487 – the Los Vaqueros Reservoir Expansion Project, funded by t he Wholesale Revenue Requirement and retail customer rates; now, therefore, be it
RESOLVED, That this Commission hereby approves Amendment No. 5 to Contract No.
CS-1408, Multi -Party Cost Share Contract for Los Vaqueros Reservoir Expansion Project Planning, funded through the Wholesale Revenue Requirement and retail customer rates, with Alameda County Flood Control and Water Conservation District Zone 7, Alameda County Water District, Contra Costa Water District, East Bay Municipal Utility District, Grassland Water District, San Luis & Delta-Mendota Water Authority, Santa Clara Valley Water District, and Los Vaqueros Reservoir Joint Powers Authority; and, be it
FURTHER RESOLVED, That this Commission authorizes the General Manager to execute this amendment, increasing the not-to-exceed contract amount by $8,673,000, of which $1,239,000 would be the obligation of the San Francisco Public Utilities Commission, for a new total not-to-exceed amount of $31,525,836, of which $4,597,910 would be the total not-to- exceed for San Francisco Public Utilities Commission, and extend the Contract duration by 12 months for a new total Contract term of five years and four months.
I hereby certify that the foregoing resolution was adopted by the Public Utilities Commission at its meeting of August 22, 2023.
Secretary, Public Utilities Commission
A mendment No. 5 to the Co s t Share A greement for LVE Project Planning
A mendment No. 5 to the
Co s t Share A greement for
Lo s Va q u e r o s R eservoir E xpansion Project Planning
T he C ost Share A greement for L os V aqueros R eservoir E xpansion Project Planning between C ontra Co s t a W ater District (CCWD); A lameda C ounty Flood C ontrol and W ater C onservation District, Zone 7 (Zone 7); A lameda C ounty W ater District (A CW D); Ea st Ba y M unicipal Utility District ( EBMUD) ; G rassland W ater District (GW D); San Francisco Public Utilities Commission (SFPUC); San Luis & Delta-M endota W ater A uthority (SL D M W A ); and Santa C lara V alley W ater D istrict (V alley W ater) (collectively, “JPA M embers”) and the L os V aqueros R eservoir Joint Pow e r s Au t h o r i t y ( J P A) 1, dated A pril 30, 2019, and
amended by A mendments Nos. 1, No. 2, No. 3, and No. 4, dated June 22, 2020, December 2, 2020, N ovember 1, 2021, and D ecember 27, 2022, respectively (referred to hereafter as the “A greement”), shall hereby b e amended by this amendment (“ A mendment No. 5”). T he A greement, together with A mendment No. 1, No. 2, No. 3, No. 4, and this A mendment No. 5, may be referenced hereafter as the “A greement as amended .”
RECITALS
WHEREAS , the L os V aqueros R eservoir Joint Powers A uthority and the JPA M embers (collectively, “Parties”) entered into the A greement to provide for the cost -sharing of the funding requirements for the planning of the L os V aqueros R eservoir E xpansion Project (“Project”); and
WHEREAS , pursuant to Sections 5 and 17 of the A greement, the Parties amended the A greement on June 22, 2020, December 2, 2020, November 1, 2021, and December 27, 2022, which amendments, among other modifications, collectively extended the term of the A greement to the earlier of (i) the completion of the work contemplated therein, or (ii) June 30, 2023, unless the term is further modified consistent with Section 17 of the A greement .
WHEREAS , the Parties wish to again amend the A greement to: (1) further extend the term of the A greement as provided for herein; (2) replace the Scope of Wo r k and Bu d ge t for the activities funded by A mendment No. 4 with the revised Scope of W ork and Bu d ge t for activities funded by this A mendment No. 5, attached and incorporated herein as E xhibits A -5 and B-5, respectively; (3) amend the cost and payment terms of the A greement as provided herein; (4) supersede and functionally replace the A dministrative A greement, dated January 11, 2022, between C C W D and the JPA which provided for C C W D to serve as initial administrator of the JPA per A mendment N o. 3; and (5) include an additional purpose in Section 1 of the A greement and additional roles and responsibilities of certain Parties of Section 2 of the A greement as provided herein;
NOW, THEREFORE, the Parties agree that the above recitals are incorporated in and made part of the A greement, and, pursuant to Section 17 of the A greement, do hereby amend the A greement as follows:
1 The JPA was added as a party to the C ost Share A greement in A mendment No. 4 and was not a party to the original A greement or A mendment Nos. 1 through 3. The JPA shall be subject to the terms of the A greement, as previously amended and amended under this A mendment N o. 5, as if it were a party to the original A greement.
A mendment No. 5 to the Co s t Share A greement for LVE Project Planning
1. Section 1 (Purpose)
In addit ion to the purposes a through t as provided for in the A greement as amended , the following two purpose s shall be included in the A greement as amended:
u) C omplete the transition of JPA administration and financial management from C C W D to the J P A.
v) Fund JPA work pursuant to the A greement as amended, consistent with the adopted Fiscal Y ear 2024 JPA budget.
As o f the effective date of A mendment No. 5 to the A greement, Purposes a, b, c, d, f, g, j, l, m, and o as provided for in the A greement, have been achieved and do not require additional funding.
W ork to achieve Purposes e, h, i, k, n, p, q, r, s, t, u, and v will be advanced under the A greement as amended. W ork completed by the C onsultant T eam, the JPA , and C C W D staff to achieve these purposes will be partially funded by this A mendment No. 5 to the A greement.
A detailed revised Scope of W ork and B udget for activities funded by this A mendment N o. 5 are included in Exhibit A-5 and E xhibit B-5, respectively, which are attached hereto and incorporated herein as if fully set forth in this A mendment No. 5 to the A greement.
2. Section 2 (Ro le s & Responsibilities)
In addition to the existing roles and responsibilities of the Parties as described in the A greement, the following additional roles and responsibilities for certain Parties shall be included in the A greement as amended.
2.1 C ontra Co s t a W ater Dis t rict Responsibilities
A s of the effective date of A mendment N o. 5, C C W D R esponsibilities b, e, g, j, k, s, u, and x, out of CCW D responsibilities a-hh, as provided for in the A greement, have been achieved and do not require additional funding.
CCW D Responsibility aa shall be amended and replaced in its entirety with the following:
aa) will inspect the Transfer Pipeline and conduct a hydraulic evaluation of the C ontra C osta C anal between Pumping Plant No. 2 and No. 4 as required in support of the design of Pumping Plant No. 1.
CCW D Responsibilities shall be amended to include the following additional responsibilities:
ii) assist, as needed, the JPA in the preparation of a loan application for submittal to the U .S. E nvironmental Protection A gency (U .S. E PA ) as allowed for under the W ater Infrastructure Finance and Innovation A ct (W IFIA ).
A mendment No. 5 to the Co s t Share A greement for LVE Project Planning
jj) continue to assist the JPA with negotiating the contracts for administration of public benefits with C alifornia D epartment of W ater R esources (D W R ) and C alifornia D epartment of Fish and W ildlife (CDFW ).
kk) provide presentations and technical information to support JPA B oard and committee meetings, as needed.
ll) support the JPA ’ s preparation for meetings with elected officials, project stakeholders, media, and others and participate in these meetings and events, as requested by the JPA, acting through its E xecutive D irector or t heir designee , to achieve the common Project objectives of C C W D and the JPA . C ollaborate and coordinate in a timely manner with the JPA on outreach and messaging, including through the sharing of C C W D materials used in C C W D communications on the Project. CCWD a n d t h e J PA will coordinate at the appropriate management level to ensure clear and consistent messaging, particularly with respect to state and federal elected officials.
mm) transition hosting of the JPA website and public communications support to the JPA .
nn) upon request, provide technical support of JPA agreement development with state and federal agencies as appropriate.
oo) compile monthly progress reports, in such format and to include such information as is mutuall y agreed upon by C C W D and JPA to enable the JPA, acting through its E xecutive Director or their designee, to ensure substantiation of C C W D ’ s costs, for work performed by C C W D and C C W D ’ s consultants and submit such reports to the JPA to support the draft and final monthly JPA T reasurer’ s R eports and other financial reports prepared by the JPA .
pp) prepare F iscal Y ear 2023 year-end financial statements , including final summary of contingency use and carryover funding available for FY 24, and submit to the JP A to support F iscal Year 2023 audit.
qq) provide assistance to the JPA as required to complete full implementation of the F inancial T ransition Plan, by September 1, 2023.
rr) upon request , assist the JPA with negotiating a final funding agreement with C alifornia W ater C ommission, and a construction funding agreement with B ureau of R eclamation.
2.9 Lo s Va q u e r o s R eservoir Joint Powers A uthority Responsibilities
JPA Responsibilities a -f as described in A mendment No. 4 to the A greement shall remain unmodified and the following additional responsibilities shall be included in the A greement as amended:
g) negotiate and execute the contracts for administration of public benefits with C alifornia D epartment of W ater R esources (D W R ) and C alifornia D epartment of F ish and W ildlife (CDFW ).
A mendment No. 5 to the Co s t Share A greement for LVE Project Planning
h) negotiate and ex ecute a final funding agreement with C alifornia W ater C ommission.
i) negotiate a construction funding agreement with B ureau of R eclamation.
j) negotiate , for and on behalf of all JPA M embers , all agreements with and between the EBMUD a n d CCWD t hat are required under this A greement as amended and the JPA A greement, including, but not limited to, the Service A greement. k) coordinate and collaborate with C C W D in the negotiations over items (g) and (j).
l) prepare for and participate in meetings with elected officials, project stakeholders, media, and others as appropriate.
m) collaborate and coordinate in a timely manner with C C W D on outreach and messaging, including the sharing of JPA materials used in JPA communications on the Project. J P A a n d CCWD will coordinate at the appropriate management level to ensure clear and consistent messaging, particularly with respect to state and federal elected officials.
n) host and maintain the JPA website.
o) develop public information such as Project factsheets, presentation slides, and other materials as required.
p) administer state and federal agreements as required to advance development of the Project.
q) manage the consultant team procured and funded by the JPA .
r) prepare draft and final monthly JPA T reasurer’ s R eports.
s) review and provide input on monthly progress reports for work performed by CCW D and C C W D ’ s consultants.
t) develop policies and procedures for accounting and project controls .
3. Section 3 (Co s t & Payment)
Section 3 shall be amended such that the following terms 3(a) through 3(d) inclusive shall supersede and replace Section 3, as amended in A mendment N o. 4, in its entirety. T he payment is intended to provide sufficient funding for advancing the completion of the additional Scope of W ork as provided for in E xhibit A-5 and the B udget provided for in E xhibit B-5. A s provided for in E xhibits A -5 and B-5, C C W D ’ s labor and services represent approximately 75 percent of the total scope of work and budget associated with this A mendment N o. 5.
a) T otal costs to fund work hereunder are identified in E xhibit B -5. T he JPA M embers’ collective total share of the cost, for work funded through this A mendment No.5, shall not exceed $8,673,000 (“Total Cost Share”).
b) Notwithstanding anything to the contrary in the A greement as amended, the JPA M embers, A mendment No. 5 to the Co s t Share A greement for LVE Project Planning
excluding G W D , shall be responsible for providing the T otal Co s t Share in accordance with Exh ib it B-5. In no event shall any Party’ s individual share of the T otal C ost Share exceed $1,239,000, excluding GW D. T iming and quantity of payment for each Party shall not vary from what is set forth in Exhibit B-5 unless the Parties voluntarily agree to modifications pursuant to Sections 3(d)(vi) and 17 of the A greement. T he T otal C ost 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 A greement. CCW D will cooperate with any reasonable request from the JPA , acting through its Executive Director or their designee, for review of cost information that supports amounts to be paid to C C W D under the A greement, as amended.
c) Cit y and C ounty of San Fra ncisco – Specific Te rm s
(i) C ertification of Funds; B udget and Fiscal Provisions; T ermination in the E vent of Non- A ppropriation. T he SF PU C ’ s payments as a JPA M ember under the A greement as amended are subject to and contingent upon the budget and fiscal provisions of the C harter of the C ity and C ounty of San Francisco (C ity). C harges will accrue only after prior written authorization certified by the C ity’ s C ontroller, and the amount of the SFPU C ’ s obligation hereunder shall not at any time exceed the amount certified for the purpose and period stated in such advance authorization. T he SFPU C ’ s financial obligations under this A greement will terminate without penalty, liability, or expense of any kind to Cit y 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 A greement will terminate, without penalty, liability or expense of any kind to Cit y at the end of the term for which funds are appropriated. Cit y has no obligation to make appropriations for this A greement in lieu of appropriations for new or other agreements. C ity budget decisions are subject to the discretion of the Ma y o r and the Bo a rd of Supervisors. A s to t h e SFPUC only, this Section 3(c)(i) controls against any conflicting provision of the A greement as amended.
(ii) G uaranteed Ma xi m u m Co st s . Th e SFPUC’s payment obligation to the JPA cannot at any time exceed the amount certified by C ity’ s C ontroller for the purpose and period stated in such certification. A bsent an authorized E mergency per the C ity C harter or applicable C ode, no C ity representative is authorized to offer or promise, nor is the C ity required to honor, any offered or promised payments to the JPA under this A greement in excess of the certified maximum amount without the C ontroller having first certified the additional promised amount and, if necessary, the Parties having modified this A greement as provided in Section 17 of this A greement.
(iii) Prohibition on U se of Public Funds for Political A ctivity. In performing work under this A greement as amended, the recipient of C ity funds shall comply with San Francisco A dministrative C ode C hapter 12G , which prohibits funds appropriated by the C ity for this A greement as amended from being expended to participate in, support, or attempt to influence any political campaign for a candidate or for a ballot measure. T he recipient of C ity funds is subject to the enforcement and penalty provisions in C hapter 12G.
A mendment No. 5 to the Co s t Share A greement for LVE Project Planning
d) The JPA M embers, excluding GW D, will split the Total Cost Share equally. The JPA will invoice each of the J P A Me m b e r s for their individual shares of the To t a l Co s t Share detailed in E xhibit B-5.
(i) Th e JPA will issue two invoices to JPA M embers according to the schedule below:
1. September 1, 2023
2. January 5, 2024
(ii) Payment from the JPA M embers shall be remitted within sixty (60) days after invoice submittal.
(iii) Funds contributed by the JPA M embers shall be committed by the JPA and expended only for work required to further the purposes of th e A greement as amended .
(iv) B y electronic transfer, C C W D will, within 10 days of the effective date of this A greement as amended , transfer $ 1,425,000 to the JPA to support contracts administered by the J P A.
(v) The JPA will submit two progress payments of $ 2,913,000 each to C C W D to fund C C W D staff and C C W D managed contracts according to schedule below:
1. November 1, 2023
2. Ma r c h 9, 2024
(vi) If one or more JPA M embers withdraw from the A greement such that the JPA M embers’ individual cost shares change substantially, or the individual cost shares exceed the maximum financial responsibility for each JPA M ember (determined herein as $1,239,000), each remaining JPA M ember, at its sole discretion consistent with Section 3(b) of this A greement, shall determine whether to withdraw from the A greement. Th e JPA M embers who do not choose to withdraw will work together within the J P A t o develo p an amendment that substantially conforms to this A greement. If no mutually agreeable amendment can be developed, the remaining JPA M embers will terminate this A greement.
(vii) I f a new JPA M ember is added, consistent with Section 12 of this A greement, each subsequent invoice for each JPA M ember will be adjusted to reflect the cost share of the new JPA M ember and the total number of JPA M embers. T he adjustments contemplated herein shall reflect any “catch -up” contribution required of the newly added JPA M ember in addition to the contributions to be made on a prospective basis. “Ca t ch-up” contributions shall be calculated based on the then total value of the of the JPA M embers’ individual monetary shares paid pursuant to the A greement as amended prior to the date of the new JPA M ember’ s signing of the A greement.
(viii) If funds remain after work under this A greement as amended is completed, each JPA M ember will determine whether its pro -rata share of the remaining funds shall be returned or contributed to future work consistent with Section 7 of the A greement. Ea ch JPA M ember shall advise the JPA of its determination within sixty (60) days of receiving A mendment No. 5 to the Co s t Share A greement for LVE Project Planning
notice from the JPA of the completion of the work, or the remaining funds shall automatically be contributed towards future work.
(ix) In-kind services may include labor costs and overhead costs for staff who are providing in- kind services for Project activities under this A greement, 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 E arly Funding A greement, as it may be amended from time to time. In-kind services, pursuant to Section 2.7(d) of this A greement, are contributed at the discretion of each JPA M ember with no minimum or maximum in-kind contribution limits.
(x) A portion of the funding provided to C C W D includes contingency funding as shown in Exh ib it C-5. CCWD and the JPA will notify each other when ever contingency funds are used. C C W D and the JPA will manage their funds, including contingencies, consistent with their respective board policies. Interagency transfers of contingency may be required depending on the needs of C C W D and the JPA .
(xi) CCW D will contribute $294,000 of in-kind services .
4. Section 5 (Te rm )
Section 5 shall be amended such that the following term shall modify the corresponding term in the A greement as amended:
T he A greement as amended shall terminate on the earliest occurring of the following events:
(i) completion of the work contemplated herein; or (ii) June 30, 2024, unless the T erm is further modified consistent with Section 17 of th is A greement.
Effective date of A mendment No. 5.
A mendment No . 5, including the financial contribution provisions herein, shall be effective as of the date of signature by C C W D and the JPA , but no earlier than July 1, 2023, and that effective date shall apply retroactively to each subsequent party signatory.
Exce p t as amended by this A mendment No. 5, the A greement as previously amended shall continue in full force and effect. T his A mendment is not intended to have any precedential or preemptive effect on any subsequent agreement between C C W D and the JPA . T his A mendment N o. 5 may be executed in counterparts, each of which shall be deemed an original but all of which taken togeth er shall constitute A mendment No. 5. Th e parties agree to the use of electronic signatures.
[Signa ture Page on Ne xt Pa g e ]
A mendment No. 5 to the Co s t Share A greement for LVE Project Planning
Ed Stevenson, G eneral M anager
A lameda C ounty W ater D istrict
Da t e
R achel M urphy, G eneral M anager
C ontra C osta W ater D istrict
Da t e
Clifford C. C han, G eneral M anager
East Bay M unicipal Utility District
Da t e
Ric Ortega, G eneral M anager
G rassland W ater D istrict
Da t e
Ta ryn Ravazzini, Exe cu t ive Dire ct o r
Lo s V aqueros Re s e rvo ir Joint Powers A uthority
Da t e
D ennis J. H errera, G eneral M anager
San Francisco Public Utilities Commission
Da t e
A pproved as to Form
De p u t y Cit y A ttorney, San Francisco
Da t e
F ederico B arajas, Exe cu t ive Dire ct o r
San Lu is & De lt a-M endota W ater A uthority
Da t e
Rick L. C allender, Esq ., Ch ie f Exe cu t ive Officer Santa C lara V alley W ater D istrict
Da t e
V alerie Pryor, G eneral M anager
Zone 7 W ater Ag e n c y
Da t e
Co s t Share A greement for LVE Project Planning Exh ib it A-5 Page 1
Exhibit A-5
A mendment No. 5 Scope of Wo r k2
Th e following tasks describe the work efforts by C ontra Co s t a W ater District (CCW D), the JPA , and the JPA M embers under the A mendment No. 5 to the A greement for the purpose of advancing the Phase 2 L os V aqueros R eservoir E xpansion (L V E ) Project. C C W D is the lead agency for permitting, water rights, and design of C C W D constructed and operated facilities for the L V E Project as defined in the JPA A greement. C C W D will be supported by the consultant and legal services team that are under contract to C C W D and managed by C C W D , and the JPA will be supported by consultants under contract to the JPA and managed by the JPA, acting through its E xecutive D irector or their designee . R eferences to joint work efforts by R eclamation are described as appropriate but are not intended to imply that R eclamation is a party to the A greement as amended.
Ta sk 1 Project M anagement
Ta sk 1 .1 Funding Ag reement A dministration
C C W D will continue to administer the E arly Funding A greement executed by C C W D and the C alifornia W ater C ommission (C W C ), including meeting reporting and invoicing requirements of the E arly Funding A greement, coordinating with C W C staff as needed to respond to questions and data requests, and managing cost commitments. T he E arly F unding A greement will terminate D ecember 31, 2023.
CCW D will continue to administer the A ssistance A greement executed by CCWD and R eclamation, including meeting reporting and invoicing requirements of the A ssistance A greement, and coordination with R eclamation staff as needed to respond to questions, data requests, or other inquiries. T he A ssistance A greement will terminate D ecember 31, 2023.
CCWD will compile and submit t o t h e J P A monthly progress reports concerning work performed by CCWD, including documentation substantiating such work and work performed by C C W D ’ s consultants.
CCW D will provide financial statements and other supporting documentation as requested by the JPA, acting through its E xecutive D irector or their designee .
T he JPA will be responsible for administering any subsequent state and federal funding agreements.
D eliverables:
□ Progress reports and associated backup documentation □ M onthly & Quarterly Progress Re p o rt s (for CWC and R eclamation)
2 See Exhibit C-5 for a breakdown of the use of funds budgeted for JPA services, CCW D services, and CCW D labor with respect to the scope of work covered by A mendment No. 5.
Co s t Share A greement for LVE Project Planning Exh ib it A-5 Page 2
Ta sk 1.2 Project M anagement A ctivities
This task includes project management activities performed by C C W D , the JPA and its M embers, 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 A greement.
D eliverables:
□ Summary updates on project management activities in M onthly Progress Re p o rt s
Ta sk 1 .3 Joint Powers A uthority Formation
T his task has been completed.
Ta sk
1.4 J P A A dministration
C C W D has transitioned its responsibilities as the Interim A dministrator of the JPA to the JPA E xecutive D irector pursuant to the A greement as amended . Th e JPA will continue with necessary actions related to its administration, including conducting B oard of D irectors’ and committee meetings and procurement of professional and other services as described herein. T he JPA was invited to apply for a loan under the U .S. E PA W I FIA L oan program, and the JPA will take all actions necessary to procure that loan, which will include preparation and submittal of an application, and obtaining required credit rating(s), among other necessary tasks.
T he JPA will host and maintain the JPA website and will be responsible for development of all public communications related to the Project.
The JPA will work with the JPA M embers to develop all agreements that the JPA will enter into including but not limited to Interim Funding A greement (if required), Service A greement between the JPA and the J P A Me m b e r s , state and federal funding agreements, contracts to procure services, contracts for administration of public benefits with C D FW and D W R , design and construction agreements with CCWD and E B M U D , facilities usage agreements with C C W D and E B M U D , operations and maintenance agreements with C C W D and E B M U D .
D eliverables:
□ Service A greement
□ C ontinued funding through Mu l t i-Party Co s t Share A greement amendments □ WIFIA Lo a n A pplication
□ JPA W ebsite hosting and maintenance
□ Public information materials
□ A greements between JPA and State/F ederal A gencies o C ontract for A dministration of Public B enefits
o C onstruction Funding A greement with R eclamation
o Fina l Funding A greement with CWC
□ A greements between the JPA and CCWD
o Facilities Usa ge A greement
Co s t Share A greement for LVE Project Planning Exh ib it A-5 Page 3
o De s ign and C onstruction A greement
o Operations and M aintenance A greement
□ A greements between the JPA and EBMUD
o Facilities Usa ge A greement
o De s ign and C onstruction A greement
o Operations and M aintenance A greement
Ta sk 2 E nvironmental Planning
Ta sk 2.1 M odeling
CCW D will develop new or modify existing modeling tools to support the JPA in establishing operational priorities and the allocation of facility capacity and anticipated benefits to JPA M embers for incorporation into the Service A greement. Re fin e the model to track terms and requirements of various water rights and permits. R efine the L os V aqueros daily operations model to accommodate JPA operations, which may serve as a tracking tool in the future for permit reporting, billing, scheduling deliveries, etc.
D eliverables:
□ R evised CalSim Mo d e l (ongoing)
□ Summaries of modeling results (ongoing)
Task 2.2 Public Outreach
C C W D will provide technical assistance to support the JPA ’ s outreach activities to educate and inform the media, elected officials, JPA M ember ratepayers, communities in the L os V aqueros area, environmental organizations, and regional and statewide interests about the purpose, objectives, and results of the technical studies. C C W D and the JPA will continue to coordinate at the appropriate management level to ensure clear and consistent messaging, particularly with respect to state and federal elected officials.
JPA will, at least monthly, provide to JPA M embers information regarding outreach activities planned to occur over the following 4 -6 weeks for information and to allow JPA M embers to coordinate such activities in advance. JPA , acting through its E xecutive D irector or their designee , and C C W D will, on at least a monthly basis, meet to coordinate and collaborate on key messages for planned/upcoming outreach activities.
CCW D will continue to p
ost materials to the CCWD hosted proje ct website at ccwater.com. The JPA will be responsible for posting materials to the JPA website and responsible for responding to inquiries received through the website at losvaquerosjpa.com.
D eliverables:
□ Stakeholder and public involvement program (ongoing) □ D ocumentation of outreach activities (as required)
Ta sk 2.3 E nvironmental D ocument and Technical Studies
T he U .S. D epartment of the Interior, B ureau of R eclamation, R egion 10 – California-G reat B asin (R eclamation) is the lead agency under the National E nvironmental Policy A ct (N E PA ) for preparation of the EIS and, in conjunction with CCWD, the lead agency under CEQA. R eclamation and CCWD Co s t Share A greement for LVE Project Planning Exh ib it A-5 Page 4
previously prepared a joint Final E IS/E IR in M arch 2010 and C C W D completed construction of the first phase of reservoir expansion from 100,000 acre -feet (100 TA F) to 160 TA F in 2012. Reclamation and C C W D previously prepared a joint Supplement to the Final E IS/E IR document to support the second phase of reservoir expansion up to 275 T A F.
T he development of the Supplement to the Final E IS/E IR , including the completion of the necessary technical studies in support of this effort culminating with issuance and certification of the Supplement, pursuant to C C W D R esolution 21-006, by CCW D as the lead agency. Th e studies and data produced adhered to the federal planning and NEPA guidelines, C E QA guidelines, and W SIP guidance. T echnical studies were conducted in accordance with the alternatives identified in the D raft Supplement.
I f there are project changes proposed, these changes would need to adhere to the C C W D B oard Principles and conditions of C C W D R esolutions 03-24, 03-25, and 04-11, as applicable, and may require additional environmental surveys (i.e., aquatic resources, wildlife/botanical, e tc.), documentation (i.e., C E Q A /N E PA addendum/memo to file/further action by C C W D as lead agency), and permitting efforts (i.e., application/agreement amendments).
A ll 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-Dr a ft Supplement Technical Studies and Surveys
Th is task has been completed.
(2.3.2) Tr a n s fe r-Bethany Pipeline A lterna tive L ocation E v aluati on
Th is task has been completed.
(2.3.3) Fina l Supplement to the Fina l EIS/ EIR
Th is task has been completed.
(2.3.4) CEQA Findings and M itiga tion M onitoring and Re p o r t in g Plan
Th is task has been completed.
(2.3.5) Re co r d of Decision
It is anticipated that R eclamation will issue a R ecord of D ecision on the Project during the term of this A mendment. CCWD and the JPA will provide appropriate support to R eclamation with any necessary reporting, public meetings, briefings, white papers, and/or p resentations.
D eliverables:
□ Re co rd of De cis io n
Ta sk 2 .4 R egulatory Permitting
C C W D is the permit holder and will prepare documentation of environmental regulatory compliance Co s t Share A greement for LVE Project Planning Exh ib it A-5 Page 5
including the C lean W ater A ct (C W A ) Section 404(b)(1), C W A Section 401, the Federal E ndangered Species A ct (Section 7), the C alifornia E ndangered Species A ct, Section 1602 of the C alifornia Fish and G ame C ode, the National Historic Preservation Ac t (NHPA Section 106), and the Fish and W ildlife C oordination Ac t (FW CA ). Wh e n possible or beneficial, obtain amendments to existing permits and excess compensation land acquired/managed during the Phase 1 expansion. If not possible to amend existing permits, seek new permits. C oordinate with regulatory agencies to confirm when amendments will be appropriate. I n support of this task, several key work efforts (described below) will be completed.
C C W D and its consultant and legal team will conduct reconnaissance -level biological field surveys of any new project areas (if any) to identify the potential for the presence of sensitive biological resources.
C onduct a desktop analysis including a database search of the C alifornia N atural D iversity D ata B ase (C N D D B ), C alifornia N ative Plants Society's Inventory of Ra re and E ndangered Plants, US FWS species lists, and NMFS species lists in order to determine the potential occurrence of special -status plants, animals, and vegetation communities. C onduct 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 asso ciated with construction and/or long -term operations of the proposed project on biological resources. T he results of the reconnaissance survey and analysis will be used to inform the regulatory permitting documents, and resource agency review.
CCWD a n d its consultant and legal team will prepare the regulatory permit applications for the proposed project. A ttend meetings with regulatory agencies . W here pertinent to the Project’ s needs, CCW D will include a JPA representative in such meetings. D evelop 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: B iological A ssessment for Federal E ndangered Species A ct compliance and M agnuson Stevens Fishe ries C onservation and M anagement Ac t compliance; C lean W ater Ac t Section 404/Section 10 Individual Permit A pplication; C lean W ater A ct Section 401 C lean W ater A ct W ater Quality C ertification A pplication; California Fish and Ga m e Co d e Section 1602 Streambed A lteration A greement A pplication; Section 2081 C alifornia E ndangered Species A ct Incidental Take Permit A pplication; Fish and W ildlife Coordination A ct Report; National Historic Preservation A ct Section 106 compliance; and A quatic R esources D elineation.
D eliverables:
□ Ra re plant surveys and report of results (completed) □ W etland delineation and mapping, report of results (completed) □ A dministrative Dra ft Supplement to the Fina l EIS/ EIR (completed) □ Fina l Supplement to the Fina l EIS/ EIR (completed) □ Dra ft CEQA Findings and MMRP (completed)
□ Fina l CEQA Findings and MMRP (completed)
□ Permit applications and supporting technical reports, as applicable (in progress)
Ta sk 2.5 W ater Righ t s Permitting
CCW D will coordinate with R eclamation, the D epartment of W ater R esources (D W R ), JPA M embers, and the State W ater R esources C ontrol B oard (State W ater B oard) regarding changes to existing water rights. C C W D and its consultant and legal team will prepare necessary petitions for change for C C W D ’ s water rights permits and will assist R eclamation, D W R , and JPA M embers (as requested) with preparation of additional change petitions, as required and appropriate. C C W D and its consultant and Co s t Share A greement for LVE Project Planning Exh ib it A-5 Page 6
legal team will file necessary C C W D water rights petitions with the State W ater B oard, assist State W ater B oard staff with drafting orders and permit amendments as required, respond to any protests that may be filed and seek res olution of those protests, prepare for and participate in hearings as required.
C C W D will continue to assist SPF U C to secure a new source of water to store in the Project.
D eliverables:
□ C hange petitions for CCWD’s Lo s V aqueros water right (in progress) □ C hange petitions for R eclamation’ s water rights (in progress) □ C hange petition(s) for DWR’s water rights (in progress) □ C hange petition(s) for other water rights, as required
Ta sk 2 .6 C ompensatory M itigation
CCW D will identify potential mitigation lands as needed for T ask 2.4. D etermine preliminary appraisal value of potential mitigation lands. A cquire options to acquire mitigation lands with the concurrence of t h e J P A.
D eliverables:
□ Identification and preliminary appraisal of potential mitigation sites
Ta sk 2.7 Fina l Aw a r d H earing R equirements
A series of agreements will be needed to meet the final award hearing requirements of the C alifornia W ater C ommission. Progress on a number of these agreements will commence during the term of th is amendment. Th e agreements necessary to proceed to the final award hearing include but are not limited to: operations coordination agreements between C C W D and R eclamation and between C C W D and the D epartment of W ater R esources; contracts for administration of public benefits between the JPA and D W R , and between the JPA and C D F W ; an agreement between CCWD or the JPA and DWR for the tie-in of the T ransfer -B ethany Pipeline to the C alifornia A queduct; a B ackstop W ater Service A greement between C C WD and E B M U D (pending E B M U D ’ s determination to proceed with such an agreement); an agreement between C C W D and the JPA for design and construction of Project facilities; an agreement between EBMUD and the JPA for design and construction of Project facilities .
D eliverables:
□ Operations coordination agreement(s) between CCWD and R eclamation and between C C W D and D W R (in progress)
□ Co s t-share agreement with R eclamation for pre-construction activities (completed) □ A greement between JPA o r CCWD and DWR for the tie-in of the T ransfer-B ethany Pipeline to the C alifornia A queduct (in progress)
□ MOU between CCWD and E B M U D for B ackstop W ater A greement study (completed) □ Ba ckst o p W ater Service A greement between CCWD, EBMUD, a n d J P A (pending E B M U D ’ s determination to proceed with such an agreement)
Co s t Share A greement for LVE Project Planning Exh ib it A-5 Page 7
Ta sk 3 E ngineering Feasibility
Ta sk 3.1 Financial Evaluation
The JPA will perform a financial evaluation that will assess the costs and merits of the Project; will further develop the M icrosoft E x cel-based Proforma Financial M odel for the Project that incorporates water pricing options and integration with the C alSim model; hold stakeholder meetings and workshops; collect and review stakeholder and local partner comments and inputs to the model; refine model as additional information arises that may affect operations, water pricing, or other financial components of the Project. Th e J P A will work directly with JPA M embers, as needed, to support each agency’ s understanding and familiarity with the financial evaluation.
Th e J P A will also create a Plan of Finance describing the proposed financing structure and assumptions for financing the Project. Th e 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, JPA M embers that may choose to pay upfront in-lieu of participating in JPA financing, and assessment of capital market conditions. E valuate the fundi ng capabilities of a JPA and associated contractual requirements for partners receiving and paying for services.
D eliverables:
□ U pdated Proforma Financial Mo d e l (ongoing)
□ Further support for evaluation of R efined Usa ge Fe es (completed) □ Plan of Finance (in progress)
Ta sk 3.2 F ederal Feasibility Re p o rt
T he F inal F ederal F easibility R eport was completed in 2020 and was submitted to C ongress on A ugust 11, 2020. The Secretary of the Interior and/or C ongress may continue to evaluate federal participation in the Project throughout the term of this A mendment. C C W D , with the support of and input from the JPA , acting through its E xecutive D irector or their designee , and JPA M embers, will continue to be the lead with securing R eclamation approvals for federal permits and operational agreements.
A dditional work may be necessary to secure C ongressional budget appropriations for construction activities. CCW D and the JPA, acting through its E xecutive D irector or their designee , will also provide support to R eclamation on any post - feasibility report requirements as needed. T he JPA , in collaboration and coordination with C C W D , will be the lead in negotiating a federal construction funding agreement with R eclamation and other related agreements with R eclamation as n ecessary.
D eliverables:
□ Fina l F ederal Feasibility Study (completed)
□ U pdated fact sheets for meetings with elected officials (in progress) □ U pdated federal funding and budget requests (in progress) □ Post -feasibility report support (in progress)
Co s t Share A greement for LVE Project Planning Exh ib it A-5 Page 8
Ta sk 3.3 De s ign
(3.3.1) Pumping Plant No. 1 R eplacement
Preliminary design technical evaluations were completed by C C W D as part of C C W D ’ s C anal R eplacement Project. A dditional design development and evaluations must be completed by C C W D in support of permitti ng and developing inter -agency agreements, including field work, site facility layouts, and development of electrical design sufficient for coordination with the W estern A rea Power A dministration (W A PA ).
D eliverables:
□ Pumping Plant No. 1 Preliminary De s ign Re p o rt (completed) □ C onceptual Facility L ayout Dra win gs (completed)
□ Electrical System Improvements C onceptual Plans (completed) □ G eotechnical Investigation Re p o rt (completed)
□ 30%, 60%, 90% and Fina l Plans, Specifications (in progress) □ 30% C onstruction cost estimates (completed)
□ Fina l Design (in progress)
□ A greement with WAP A
(3.3.2) Lo s V aqueros Da m
Th is task includes work efforts related to design of t h e Lo s V aqueros Da m expansion to gain Division of Safety of Da m s (DSOD) authorization to construct. De s ign-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 moti ons and parameters, spillway, new high -level outlet, inlet/outlet tunnel modifications and dam instrumentation; constructability review, D SOD meetings and correspondence; and design of site restoration for the core borrow area. T his task includes meetings with a T echnical R eview B oard for independent review of the dam consultant’ s work in accordance with DSOD gu id e lin e s .
D eliverables:
□ LV Da m Dra win gs and Specifications 50% (completed) □ LV Da m Dra win gs and Specifications 90% (completed) □ LV Co s t E stimate/Schedule 50% (completed)
□ Dra ft Ba sis of De s ign Re p o rt (completed)
□ G eotechnical Da t a Re p o rt (completed)
□ LV Da m Ris k A ssessment (completed)
□ Da m dewatering plan (completed)
□ C onstructability R eview C omments and R esponse Ma t r i x (completed) □ LV Da m Dra win gs and Specifications 100%
□ LV Co s t E stimate/Schedule 100%
Co s t Share A greement for LVE Project Planning Exh ib it A-5 Page 9
(3.3.3) Tr a n sfe r-Be t ha n y Pipeline
C C W D will continue pipeline alignment evaluations resulting from continued coordination with local resource and transportation agencies. C C W D will work with C ontra C osta C ounty Public W orks and the Co n t ra Co s t a T ransportation A uthority and their ongoing regional transportation planning for the Va s c o R oad widening and the State R oute 239 C onnector and will evaluate alignment adjustments as needed.
C C W D 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 Va s c o Ro a d in support of coordination with t h e Ea st C ontra Co s t a H abitat Conservation Plan and the C ounty.
CCWD will coordinate with the D epartment of W ater Re s o u rce s to review and define design criteria and to develop designs o f the turn- in to the C alifornia A queduct 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.
T opographic survey will be completed with up -to-date aerial photography. CCW D will work with landowners and secure access rights to conduct field investigations, including geotechnic al 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, surge 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.
D eliverables:
□ A lignment A djustment E valuations Te ch Me m o (in progress) □ T ransfer-B ethany Pipeline De s ign Criteria Te ch Me m o □ T ransfer-B ethany Pipeline Preliminary De s ign Re p o rt □ T opographic Survey
□ G eotechnical Wo r k Plan
□ A ssessment of Pipeline La n d A cquisition N eeds (in progress) □ Dra ft and Fina l G eotechnical Da t a Re p o rt
□ Title and A ppraisal Re p o rt s
(3.3.4) Op e ra t ion and Reliability A ssessment
Th is task has been completed.
(3.3.5) R ecreation Fa cilities
T his task has been completed.
(3.3.6) Exis t in g Fa cilities Inspections and A ssessments
T his task has been completed.
Co s t Share A greement for LVE Project Planning Exh ib it A-5 Page 10
Task 3.4 C apital Project M anagement Support
CCWD has competitively procured a consultant to provide C apital Project M anagement 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. C C W D will work in coordination with the JPA and the JPA ’ s Program M anagement consultant to provide updates on ongoing activities led by CCW D for overall L V E Project progress tracking. T hose updates may be included in the monthly progress reports described under T ask 1.1, above.
D eliverables:
□ Ris k M anagement Plan
□ I mplementation Phase Ris k A ssessment Re p o rt
□ Evaluation of the need for alternative water supply during dam construction Co s t Share A greement for LVE Project Planning Exh ib it B-5 Page 11
Exhibit B-5
Bu d ge t and Co s t Share
T he budget for A mendment N o. 5 to the A greement covers three major tasks: project management, environmental planning, and engineering feasibility. T he total budget includes projected expenditures for legal and consulting services and C C W D labor. T he total cost for the scope of work listed in Exhibit A -5 that is covered under this A mendment No .5 is $19,073,000, as shown in T able 1 below.
Ta b le 1. Bud ge t of Scope of Wo r k
Original MP A
Bu d ge t
A mendment
No. 2
A mendment
No .3
A mendment
No. 4
A mendment
No. 5
Tot a l
Project
M anagement
$1,090,600
$2,302,400
$1,460,200
$1,768,000 $5,374,0003 $11,995,200
E nvironmental
Planning
$3,777,400
$5,368,967
$4,816,429
$4,462,000 $3,171,000 $21,595,796
Engineering
Feasibility
$6,755,400
$10,161,300
$13,467,940
$6,306,000 $8,352,000 $45,042,640
C ontingency * $987,228 $714,000 $2,176,000 $3887,228
Tot a l $11,623,400 $17,832,667 $20,731,798 $13,250,000 $19,073,000 $82,510,865 *$300,000 was assumed as contingency in A mendment No. 2 but was included in the Project M anagement Ta sk
Th e total cost to complete the scope of work is $19,073,000 and will be paid through a combination of reimbursement from R eclamation, reimbursement from the C alifornia W ater C ommission (C W C ), and contributions from the JPA M embers. To calculate the amount owed by JPA M embers, the total cost is reduced by reimbursements from the C W C and R eclamation and the projected carryover of unspent funds from the A greement as amended. T he costs remaining after accounting for contributions from C W C , R eclamation, and carryover funding is $8,673,000 as shown in T able 2. T his is equal to the T otal C ost share defined in Section 3(a) of the A greement as amended and will be split equally among JPA M embers, excluding G rassland W ater D istrict and the JPA . T wo invoices are proposed over the term of the A greement as amended for JPA M embers.
Ta b le 2. Co s t to be Paid by JPA M embers, excluding G W D Ne t Co s t s for term covered by A mendment No. 5 to Mu l t i-party A greement (J uly 2023 – June 2024)
A mount
Tot a l Projected Co s t s $19,073,000
less R eclamation reimbursement -$2,100,000
less projected carryover of unspent funds from A mendment No. 4 -$6,300,000 less projected CWC reimbursement -$2,000,000
Tot a l Remaining Co s t s $8,673,000
3 See again Exh ibit C-5 for a breakdown of the use of funds budgeted for JPA services, CCW D services, and CCW D labor for the scope of work covered by A mendment No. 5.
Co s t Share A greement for LVE Project Planning Exh ib it B-5 Page 12
Ta b le 3 shows the invoice schedule and the total costs per agency. For purposes of calculating the amount to be invoiced, the “total number of agencies participating” is equal to the total number of parties signatory to th e A mendment No. 5 (including C C W D ) but excluding G rassland Water D istrict and the JPA and further excluding any signatory party which has completed its withdrawal from the A greement prior to the time for payment.
Ta b le 3. Co s t per Ag e n c y and Invoice Schedule for JPA M embers Invoice #1 Invoice #2
Tot a l Co s t Per Ag e n c y September 2023 January 2024 7 Ag e n c i e s Participate $1,239,000 $619,500 $619,500
Ta b le 4 shows the timing and amount of payment from the JPA to C C W D for C C W D ’ s labor and services managed by C C W D . The total payment was calculated as the remainder of funding required to fund C C W D ’ s services and labor after considering state, federal, and carryover funding a t CCWD. Two progress payments to C C W D are required after the JPA collects funds from the JPA M embers.
Ta b le 4. JPA Progress Payments to C C W D
Payment #1 Payment #2
Tot a l FY 24 Payment to C CW D Nove m b e r 1, 2023 Ma r c h 9, 2024 $5,826,000 2,91 3,000 2,91 3,000
Co s t Share A greement for LVE Project Planning Exh ib it C-5 Page 1
Exhibit C-5
Project B udget Including C C W D /JPA T ransfers and U se of Funds
CCWD JPA Tot a l
A . Sources of Funds
State $2,000,000 $0 $2,000,000
F ederal $2,100,000 $0 $2,100,000
Lo c a l $0 $8,673,000 $8,673,000
Carryover from FY 23 $6,300,000 $0 $6,300,000
To t a l $10,400,000 $8,673,000 $19,073,000
B . InterA gency T ransfers
C C W D T ransfer to JPA (Fund 60 T ransfer) -$1,425,000 $1,425,000 $0 JPA Progress Payments to CCW D $5,826,000 -$5,826,000 $0 To t a l $4,401,000 -$4,401,000 $0
C . Sources of Funds adjusted for InterA gency T ransfers $14,801,000 $4,272,000 $19,073,000
D . Uses of Funds
J P A S e r v i c e s $0 $3,651,000 $3,651,000
CCWD Se rvice s $9,144,000 $0 $9,144,000
JPA and C C W D Services C ontingency 17% $1,555,000 $621,000 $2,176,000 CCWD La b o r $4,102,000 $0 $4,102,000
To t a l $14,801,000 $4,272,000 $19,073,000