BOARD OF DIRECTORS

EAST BAY MUNICIPAL UTILITY DISTRICT

375 - 11th Street, Oakland, CA 94607 Office of the Secretary: (510) 287-0440

Notice of Location Change

REGULAR CLOSED SESSION and REGULAR BUSINESS MEETINGS Tuesday, November 10, 2020 **Virtual**

Notice is hereby given that due to COVID-19 and in accordance with the most recent Alameda County Health Order, and with the Governor’s Executive Order N-29-20 which suspends portions of the Brown Act, the Regular Closed Session Meeting scheduled for 11:00 a.m., and the Regular Business Meeting scheduled for 1:15 p.m., will be conducted via webinar and teleconference only. In compliance with said orders, a physical location will not be provided for these meetings. These measures will only apply during the period in which state or local public health officials have imposed or recommended social distancing.

Dated: November 5, 2020

______Rischa S. Cole Secretary of the District

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BOARD OF DIRECTORS EAST BAY MUNICIPAL UTILITY DISTRICT

375 - 11th Street, Oakland, CA 94607 Office of the Secretary: (510) 287-0440

AGENDA REGULAR CLOSED SESSION Tuesday, November 10, 2020 11:00 a.m. **Virtual**

Location

Due to COVID-19 and in accordance with the most recent Alameda County Health Order, and with the Governor’s Executive Order N-29-20 which suspends portions of the Brown Act, this meeting will be conducted by webinar and teleconference only. In compliance with said orders, a physical location will not be provided for this meeting. These measures will only apply during the period in which state or local public health officials have imposed or recommended social distancing.

Board members will participate by webinar or teleconference

***Please see appendix for public participation instructions***

ROLL CALL:

PUBLIC COMMENT: The Board of Directors is limited by State law to providing a brief response, asking questions for clarification, or referring a matter to staff when responding to items that are not listed on the agenda.

ANNOUNCEMENT OF CLOSED SESSION AGENDA:

1. Existing litigation pursuant to Government Code section 54956.9(a):

a. Robert Brock v. East Bay Municipal Utility District, et al. Alameda County Superior Court, Case No. RG19010530

b. Ivette Rivera v. East Bay Municipal Utility District, et al. USDC, N.D. Cal., Case No. C15-00380-SBA

c. Moraga Country Club Homeowners’ Association v. East Bay Municipal Utility District Contra Costa County Superior Court, Case No. MSC16-01348

2. Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2): one matter.

Regular Meeting of November 10, 2020 Page 2 of 4

ANNOUNCEMENT OF CLOSED SESSION AGENDA: (Continued)

3. Conference with Labor Negotiators Clifford C. Chan, General Manager; David A. Briggs, Director of Operations and Maintenance; and Laura A. Acosta, Manager of Human Resources, pursuant to Government Code section 54957.6: Employee Organization American Federation of State, County and Municipal Employees, Local 444.

4. Exposure to litigation pursuant to Government Code section 54956.9(d)(2): one matter.

(The Board will discuss Closed Session agenda items via webinar or teleconference.)

REGULAR BUSINESS MEETING 1:15 p.m. **Virtual**

Location

Due to COVID-19 and in accordance with the most recent Alameda County Health Order, and with the Governor’s Executive Order N-29-20 which suspends portions of the Brown Act, this meeting will be conducted by webinar and teleconference only. In compliance with said orders, a physical location will not be provided for this meeting. These measures will only apply during the period in which state or local public health officials have imposed or recommended social distancing.

Board members will participate by webinar or teleconference

***Please see appendix for public participation instructions***

ROLL CALL:

BOARD OF DIRECTORS:

• Pledge of Allegiance

ANNOUNCEMENTS FROM CLOSED SESSION:

PUBLIC COMMENT: The Board of Directors is limited by State law to providing a brief response, asking questions for clarification, or referring a matter to staff when responding to items that are not listed on the agenda.

CONSENT CALENDAR: (Single motion and vote approving 8 recommendations, including 1 resolution.)

1. Approve the Special Meeting Minutes of October 20, 2020 and the Regular Meeting Minutes of October 27, 2020.

2. File correspondence with the Board.

3. Award a contract to the lowest responsive/responsible bidder, C. Overaa & Co., in the amount of $4,423,000, for construction of Sobrante Water Treatment Plant Maintenance and Safety Improvements under Specification 2159.

Regular Meeting of November 10, 2020 Page 3 of 4

CONSENT CALENDAR: (Continued)

4. Authorize agreements related to replacing Oracle servers.

4.1. Authorize an agreement beginning on or after November 10, 2020 with Groupware Technology, Inc. in an amount not to exceed $373,389 for the delivery and five-year support and maintenance of Dell server hardware and VMware vSphere software licenses, and the delivery and one-year support and maintenance of Red Hat Enterprise Linux software licenses.

4.2. Authorize an agreement beginning on or after November 10, 2020 with Dynamic Systems, Inc., in an amount not to exceed $24,401 for the delivery of Oracle University Database Learning Subscriptions.

5. Authorize amendments to agreements for fully-maintained and operated (FM&O) dump truck services.

5a. Authorize amendments to the agreements previously authorized under Board Motion No. 104-19 with the following vendors to increase the combined amount of those agreements by $3,750,000 to a total combined amount not to exceed $10,550,000 and extend the terms of the agreements to November 10, 2021 for the rental of FM&O dump truck services: Allied Materials, Inc.; Channa Trucking; CIA Trucking; Curbside Trucking LLC; JD Trucking Company; Darrah Trucking & Excavating, Inc.; Tri Valley Water Trucks, Inc.; E.M. Blair Trucking; Gloria Washington Trucking, Inc.; Hills Trucking; Ibarra Trucking; Inder Trucking; Jackson Transportation; Just Because Trucking, Inc.; Mae Trucking; Royal Trucking/Maintenance; S&L Enterprises; S&L Trucking LLC; Sky Rock, Inc.; S.M.G. Trucking; Sudden Sam’s Trucking; Sunny Motors Transport, Inc.; Tom Aiken General Engineering; and Wide Area, Inc.

5b. Authorize additional agreements for FM&O dump truck services, on an as-needed basis, with vendors that meet District standards and offer pricing at or below the range in the proposed agreements with the vendors above to increase flexibility and ensure vendor availability. The Board of Directors will be notified of additional qualified vendors by means of the General Manager’s monthly report.

6. Authorize an amendment to the agreement previously authorized under Board Motion No. 181-16 with National Plant Services, Inc. to increase the agreement amount by $500,000 to a total amount not to exceed $3,500,000 and extend the agreement term to October 31, 2022 for flow monitoring and related services for the Satellite Field Services Project in support of the East Bay communities’ infiltration and inflow reduction activities in their collection systems. The agreement costs will be reimbursed to the District by the participating Satellite agencies.

7. Cancel the December 22, 2020 Board Committees, and Closed Session and Regular meetings.

8. Adopt a resolution to approve an 18-month renewal and extension to the Exclusive Negotiation Agreement (ENA) between the District and K to College, d.b.a. SupplyBank.Org, previously approved by Board Resolution No. 35104-18, to renew the ENA and extend its term to February 23, 2022. (Resolution) Regular Meeting of November 10, 2020 Page 4 of 4

DETERMINATION AND DISCUSSION:

9. General Manager’s Report: • Coronavirus Update • Racial Equity and Justice and Diversity and Inclusion Master Plan Projects Update • Monthly Report – October 2020

REPORTS AND DIRECTOR COMMENTS:

10. Committee Reports: • Sustainability/Energy • Finance/Administration • Planning

11. Other Items for Future Consideration.

12. Director Comments.

ADJOURNMENT:

The next Regular Meeting of the Board of Directors will be held at 1:15 p.m. on Tuesday, November 24, 2020. Disability Notice If you require a disability-related modification or accommodation to participate in an EBMUD public meeting please call the Office of the Secretary (510) 287-0404. We will make reasonable arrangements to ensure accessibility. Some special equipment arrangements may require 48 hours advance notice.

Document Availability Materials related to an item on this agenda that have been submitted to the EBMUD Board of Directors within 72 hours prior to this meeting are available for public inspection in EBMUD’s Office of the Secretary at 375 11th Street, Oakland, California, during normal business hours, and can be viewed on our website at www.ebmud.com.

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BOARD CALENDAR

Date Meeting Time/Location Topics

Tuesday, November 10 Planning Committee 8:30 a.m. • Urban Water Linney {Chair}, McIntosh, Virtual Management Plan Mellon 2020 and Revised Drought Management Program Guidelines

Legislative/Human Cancelled Resources Committee Coleman {Chair}, McIntosh, Patterson

Long-Term Infrastructure 9:00 a.m. Investment Workshop Virtual

Board of Directors 11:00 a.m. • Closed Session Virtual 1:15 p.m. • Regular Meeting Virtual

Wednesday, November 11 Veterans Day District Offices Closed

Tuesday, November 24 Finance/Administration TBD Committee Virtual Patterson {Chair}, Coleman, Katz

System Capacity Charge TBD Workshop Virtual

Board of Directors 11:00 a.m. • Closed Session Virtual 1:15 p.m. • Regular Meeting Virtual

Thursday-Friday, Thanksgiving Holiday District Offices Closed November 26-27

Tuesday, December 8 Planning Committee 9:15 a.m. Linney {Chair}, McIntosh, Virtual Mellon

Legislative/Human 10:15 a.m. Resources Committee Virtual Coleman {Chair}, McIntosh, Patterson

Board of Directors 11:00 a.m. • Closed Session Virtual 1:15 p.m. • Regular Meeting Virtual

APPENDIX

Closed Session and Regular Business Meetings Tuesday, November 10, 2020 11:00 a.m. and 1:15 p.m.

EBMUD public Board meetings will be conducted via Zoom. Please note that Board meetings are recorded, live-streamed, and posted on the District’s website.

Please visit this page beforehand to familiarize yourself with Zoom. https://support.zoom.us/hc/en-us/articles/201362193-Joining-a-Meeting

11:00 a.m. Closed Session Meeting (Public Comment) Online https://ebmud.zoom.us/j/91742559023?pwd=R0lqQ2N4VEFHdWlGdm5RQTYvQ1dCZz09 Webinar ID: 917 4255 9023 Passcode: 453781 By Phone Telephone: 1 669 900 6833 Webinar ID: 917 4255 9023 Passcode: 453781 International numbers available: https://ebmud.zoom.us/u/adKJzOSptq

1:15 p.m. Regular Business Meeting Online https://ebmud.zoom.us/j/95097754573?pwd=cVc2TVBHYlFpcFIvZy90VzVSc2cvUT09 Webinar ID: 950 9775 4573 Passcode: 832926 By Phone Telephone: 1 669 900 6833 Webinar ID: 950 9775 4573 Passcode: 832926 International numbers available: https://ebmud.zoom.us/u/afpTb1X65

Providing public comment The EBMUD Board of Directors is limited by State law to providing a brief response, asking questions for clarification, or referring a matter to staff when responding to items that are not listed on the agenda.

If you wish to provide public comment please: • Use the raise hand feature in Zoom to indicate you wish to make a public comment https://support.zoom.us/hc/en-us/articles/205566129-Raising-your-hand-in-a-webinar o If you participate by phone, press *9 to raise your hand • When prompted by the Secretary, please state your name, affiliation if applicable, and topic • The Secretary will call each speaker in the order received • Comments on non-agenda items will be heard at the beginning of the meeting • Comments on agenda items will be heard when the item is up for consideration • Each speaker is allotted 3 minutes to speak; the Board President has the discretion to amend this time based on the number of speakers • The Secretary will keep track of time and inform each speaker when his/her allotted time has concluded

To observe the public portion of the 11:00 a.m. Closed Session Meeting and the entirety of the 1:15 p.m. Regular Business Meeting, please visit: https://www.ebmud.com/about-us/board-directors/board-meetings/ Draft prepared by ______Secretary’s Office

MINUTES

Tuesday, October 20, 2020

East Bay Municipal Utility District Board of Directors 375 Eleventh Street Oakland, California *Virtual*

Special Meeting

President Marguerite Young called to order the Special Meeting of the Board of Directors at 9:04 a.m. She announced that due to COVID-19 and in accordance with the most recent Alameda County Health Order, and with the Governor’s Executive Order N-29-20 which suspends portions of the Brown Act, this meeting will be conducted remotely. In compliance with said orders, a physical location was not being provided for this meeting. The Board met in workshop session to receive a staff presentation on the facilities and infrastructure at the Main Wastewater Treatment Plant located at 2020 Wake Avenue in Oakland, California.

ROLL CALL

Directors Andy Katz, Doug Linney, Frank Mellon, William B. Patterson, and President Marguerite Young were present at roll call. Director John A. Coleman joined the meeting at 9:06 a.m. Director Lesa R. McIntosh was absent.

Staff participants included General Manager Clifford C. Chan, General Counsel Craig S. Spencer, Director of Wastewater Eileen M. White, Senior Civil Engineer Matthew R. Hoeft, Manager of Laboratory and Technical Services Yuyun Shang, Assistant Engineer James E. Hake, Special Assistant to the General Manager Kelly A. Zito, Assistant to the General Manager Janetta M. Johnson, and Secretary of the District Rischa S. Cole.

PUBLIC COMMENT

There was no public comment.

DISCUSSION

- Filed with the Board was a presentation entitled “Virtual Wastewater Tour and Workshop,” dated October 20, 2020.

General Manager Clifford C. Chan introduced the workshop and said Board members participated in an in-person tour for the Water System in 2018; however due to the COVID-19 pandemic, staff was providing today’s tour and workshop in a virtual format. Staff will review current and future challenges to the Wastewater System infrastructure and staff will follow up with a discussion on solutions and an overview of the Integrated Main Wastewater Treatment Plant (MWWTP) Master Plan at the November 10 Long-Term Infrastructure Investment Workshop.

Special Meeting Minutes of October 20, 2020 Page 2 of 3

Director of Wastewater Eileen M. White introduced the presenters and highlighted previous focus plans for the MWWTP from 1990-2019 and the drivers for the Integrated MWWTP Master Plan including aging infrastructure, seismic vulnerability, more stringent regulations, climate change, capacity considerations, and competing priorities.

Assistant Engineer James E. Hake presented an overview of the history of the District’s treatment of wastewater; the evolution of the wastewater treatment process from preliminary treatment to discharge; impacts to wastewater infrastructure and facilities, like corrosion, from the various treatment processes and contaminants; and challenges maintaining the infrastructure and facilities.

Senior Civil Engineer Matthew R. Hoeft presented an overview of the secondary treatment process including disinfection, dechlorination and discharge. He reviewed the evolution of the District’s dechlorination processes; impacts to wastewater infrastructure and facilities resulting from the disinfection process; and potential impacts to the District’s dechlorination facilities near the San Francisco Bay from projected sea level rise.

Manager of Laboratory and Technical Services Yuyun Shang highlighted the facilities used to process and treat biosolids and solids i.e., primary sludge, secondary sludge, and high-strength waste such as fats, oils and grease and solid liquid waste; impacts to infrastructure and facilities used in the treatment process; and how formation of struvite from various processes impact many types of infrastructure across multiple treatment processes. She discussed the District’s Resource Recovery (R2) Program and its positive and negative impacts to the wastewater treatment process; the current levels of nitrogen in the District’s treated wastewater from the R2 Program and plans to address the levels of nitrogen discharged to the San Francisco Bay. Ms. Shang reviewed requirements in Senate Bill 1383 on biosolids and their impacts to current and future costs for biosolids management.

Senior Civil Engineer Matthew R. Hoeft reviewed the facilities and processes used to generate electricity at the MWWTP; conditions at the Power Generation Station; the state of electrical equipment at the plant, as well as challenges procuring replacement parts for outdated and/or obsolete equipment and systems. In conclusion, he discussed current and planned work to address seismic risks for MWWTP facilities that are occupied by staff.

Director of Wastewater Eileen M. White closed out with an outline of key takeaways and highlighted some of the topics staff would present at the November 10 Long-Term Infrastructure Investment Workshop.

The Board thanked staff and noted the tour was an informative precursor to the November 10 workshop. Staff responded to Board questions on whether the level of disposable wipe debris at the MWWTP changed after the counties’ shelter-in-place orders due to the COVID-19 pandemic went into effect; the type of metal used on the mechanisms in the aerated grit tanks; the life expectancy of the concrete for facilities used in the disinfection, dechlorination and discharge processes; whether onsite organic food waste separation could reduce biosolids; potential to dedicate a digester for food compost; revenue-generating ideas to fund facility upgrades; and the methodology for developing Wastewater System rates.

Special Meeting Minutes of October 20, 2020 Page 3 of 3

- Addressing the Board was Kelly Hammargren who asked if the presentation would be available online and said she looked forward to additional discussion regarding sea level rise at the November 10 Long-Term Infrastructure Investment Workshop.

ADJOURNMENT

President Young adjourned the Special Meeting at 10:40 a.m.

SUBMITTED BY:

______Rischa S. Cole, Secretary of the District

APPROVED: November 10, 2020

______Marguerite Young, President of the Board

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Draft Prepared By

______Secretary of the District MINUTES

Tuesday, October 27, 2020

East Bay Municipal Utility District Board of Directors 375 Eleventh Street Oakland, California *Virtual*

Regular Closed Session Meeting

President Marguerite Young called to order the Regular Closed Session Meeting of the Board of Directors at 11:08 a.m. She announced that due to COVID-19 and in accordance with the latest Alameda County Health Order, and with the Governor’s Executive Order N-29-20 which suspends portions of the Brown Act, this meeting will be conducted remotely. In compliance with said orders, a physical location was not provided for this meeting. These measures will only apply during the period in which state or local public health officials have imposed or recommended social distancing.

ROLL CALL

Directors John A. Coleman, Andy Katz, Doug Linney, Lesa R. McIntosh, Frank Mellon, and President Marguerite Young were present at roll call (remotely). Director William B. Patterson joined the meeting at 11:15 a.m. (remotely).

Staff participants included General Manager Clifford C. Chan, General Counsel Craig S. Spencer, Attorney Derek T. McDonald (Items 1a and 1b), Manager of Risk Management Vladimir Bessarabov (Item 1a), Director of Wastewater Eileen M. White (Item 1a), Attorney Lourdes Matthew (Item 1b), Manager of Human Resources Laura A. Acosta (Item 1b), and Manager of Maintenance and Construction/Water Operations David A. Briggs (Item 1b).

PUBLIC COMMENT

There was no public comment.

ANNOUNCEMENT OF CLOSED SESSION AGENDA

President Young announced the closed session agenda and the Board convened for discussion (remotely).

Regular Business Meeting

President Young called to order the Regular Business Meeting of the Board of Directors at 1:19 p.m. She announced that due to COVID-19 and in accordance with the latest Alameda County Health Order, and with the Governor’s Executive Order N-29-20 which suspends portions of the Brown Act, this meeting will be conducted remotely. In compliance with said orders, a physical location was not provided for this meeting. These measures will only apply during the period in which state or local public health officials have imposed or recommended social distancing.

Regular Meeting Minutes of October 27, 2020 Page 2 of 8

ROLL CALL

Directors John A. Coleman, Doug Linney, Lesa R. McIntosh, Frank Mellon, William B. Patterson, and President Marguerite Young were present at roll call (remotely). Director Andy Katz joined the meeting at 1:33 p.m. (remotely). Staff participants included General Manager Clifford C. Chan, General Counsel Craig S. Spencer, and Secretary of the District Rischa S. Cole.

BOARD OF DIRECTORS

President Young led the Pledge of Allegiance.

PRESENTATIONS:

General Manager Clifford C. Chan announced the District received Toastmasters International’s Corporate Club award for 2019/2020. This award recognizes the District’s Toastmasters Club, which was chartered in 1977, for its leadership and communication activities and its implementation of various employee development and training programs. Naomi Takeuchi, International Director for Toastmasters International Region 1 presented the award (virtually) and congratulated the District and its club leaders on this achievement. The following club Executive Committee members were recognized: Executive Assistant II Dawn Benson, Senior Graphic Designer Michael J. Bergstrom, Associate Electrical Engineer Angela M. Curtis, Chief of Party Ron D. Holman, Construction/Maintenance Scheduler Elliott S. Johnson, Senior Software Engineer Vivian L. Ling, Senior Human Resources Analyst Laura V. Salangsang, Associate Civil Engineer Stella H. Tan, and Management Analyst II Amy S. Yen. The Board thanked Ms. Takeuchi and congratulated the Toastmasters Club for their work.

Next, General Manager Chan announced that for the 15th consecutive year, the District has received the Government Finance Officers Association’s Certificate of Achievement for Excellence in Financial Reporting award for its Comprehensive Annual Financial Report. The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. Mr. Chan acknowledged that this award was achieved by the entire accounting team and various key staff throughout the District. The following core team members were recognized for producing the final report: Accountant III Yenny S. Coburn, Accounting Systems Supervisor Lawrence Fan, Accountant I Matthew J. Houck, Accounting and Financial Systems Analyst David P. Siu, Accountant III Stephanie Tsoi, and Accountant III Melody Wang. In addition, retired Controller D. Scott Klein was recognized for his leadership and contributions. Director of Finance Sophia D. Skoda acknowledged staff for achieving this award and the Board thanked staff for their continued dedication and work.

ANNOUNCEMENTS FROM CLOSED SESSION

There were no announcements required from closed session.

Regular Meeting Minutes of October 27, 2020 Page 3 of 8

PUBLIC COMMENT

- Addressing the Board was the following person: Joey D. Smith, President, AFSCME Local 2019 commented on the significance of the award and recognition received by the District’s Toastmasters Club and thanked the Board, management and staff for their continued support for the club. Ms. Smith Also acknowledged that October is Breast Cancer Awareness Month and Domestic Violence Awareness Month.

CONSENT CALENDAR

• Item 15 was pulled from the Consent Calendar for separate discussion.

• Motion by Director Coleman, seconded by Director Patterson, to approve the recommended actions for Items 1-14 on the Consent Calendar carried (7-0) by the following roll call vote: AYES (Coleman, Katz, Linney, McIntosh, Mellon, Patterson, and Young); NOES (None); ABSTAIN (None); ABSENT (None).

1. Motion No. 195-20 – Approved the Regular Meeting Minutes of October 13, 2020.

2. The following correspondence was filed with the Board: 1) Presentation entitled, “Fiscal Impacts of COVID-19 Update,” dated October 127 2020; and 2) Presentation entitled, “Collection Strategy for Delinquent Single-Family Residential Accounts,” dated October 27, 2020.

3. Motion No. 196-20 – Authorized an agreement beginning on or after October 27, 2020 with Divert Inc. for five years for delivery and acceptance of clean liquid food waste at the Main Wastewater Treatment Plant at a reduced rate in exchange for meeting various delivery targets.

4. Motion No. 197-20 – Authorized an agreement beginning on or after October 27, 2020 with Environmental Systems Research Institute in an estimated annual amount of $522,000 for three years for a total amount not to exceed $1,566,000 for Geographical Information System software licensing, maintenance, and support.

5. Motion No. 198-20 – Authorized an agreement beginning on or after October 27, 2020 with Horizon Water and Environmental, LLC in an amount not to exceed $140,171 for environmental assessments of the Recoat Mokelumne Aqueduct No. 1 Phase 13 Project.

6. Motion No. 199-20 – Authorized an agreement beginning on or after December l, 2020 with Lone Tree Trucking, Inc. in an estimated annual amount of $540,000 for three years with two options to renew for additional one-year periods for a total amount not to exceed $2,700,000 for hauling and disposal of wastewater treatment residuals from the Main Wastewater Treatment Plant.

7. Motion No. 200-20 – Authorized agreements beginning January 1, 2021 through December 31, 2025 with East Bay Community Energy for the sale of Resource Adequacy capacity and unscheduled Renewable Energy Credits from Camanche and Pardee hydropower facilities.

Regular Meeting Minutes of October 27, 2020 Page 4 of 8

8a-b. Motion No. 201-20 – Authorized agreements with the following service providers: Heathorn & Associates dba American Air Conditioning, Plumbing and Heating; Bel Air Mechanical, Inc.; and Prime Mechanical Service, Inc., for heating, ventilation, air conditioning, refrigeration (HVAC/R), and related services beginning on or after October 27, 2020 for three years with two options to renew for additional one-year periods in the aggregate annual amount of $453,276 for a total amount not to exceed $2,266,380 under Request for Proposal No. FMC736-21-0l; and authorized additional agreements with other HVAC/R service providers that meet District standards and offer pricing at or below the range described in the proposed agreements above. These additional agreements may be issued on an as-needed basis to increase flexibility. The Board of Directors will be notified of additional qualified service providers by means of the General Manager's monthly report.

9. Motion No. 202-20 – Authorized an amendment to the cooperating agreement previously authorized under Board Motion No. 077-18 with the City of Hayward to increase the District's cost-share agreement amount by $235,580 for a total amount not to exceed $620,017 for the District's total cost-share for development of a Groundwater Sustainability Plan for the East Bay Plain Subbasin.

10. Motion No. 203-20 – Authorized an amendment to the cost-sharing agreement previously authorized under Board Motion No. 039-19 with eight other water agencies for the Los Vaqueros Expansion Project that will increase EBMUD's authorized cost-share agreement amount by $1,013,661 to a total amount not to exceed $1,367,790 to fund activities necessary to further evaluate the Project and maintain grant eligibility without committing EBMUD to final project participation.

11. Motion No. 204-20 – Authorized an amendment to the agreement previously authorized under Board Motion No. 062-18 with West Yost & Associates to increase the authorized amount by $343,977 to a total amount not to exceed $1,497,977 for engineering services for the Pump Station M Rehabilitation and Interceptor Force Main Improvements Design Project.

12. Motion No. 205-20 – Approved five-year grazing leases with the following tenants: Stanford Dell'Orto, J.W. Dell'Orto, and Mattley Dell'Orto; Eloise Fischer and Matthew Fischer; John and Patricia Garamendi; Robert Garamendi; Doug and Loree Joses; Daniel and Teresa Kuiken; Norbert Olivera; and Marden Wilber and Tim Wilber, for livestock grazing on District watershed lands in the Mokelumne watershed from November 1, 2020 to October 31, 2025, with an option to renew for an additional five-year lease term.

13. Motion No. 206-20 – Approved the September 2020 Monthly Investment Transactions Report.

14. Resolution No. 35205-20 – Authorizing and Approving East Bay Municipal Utility District’s Application to Modify the Contractor’s Service Area Described in its Central Valley Project Contract with the United States Bureau of Reclamation to Include and Exclude Certain Lands Consistent with the Water Service Boundary Reorganization Agreed to by the District and City of Hayward and Approved by the Alameda County Local Agency Formation Commission.

Regular Meeting Minutes of October 27, 2020 Page 5 of 8

15. Resolution No. 35206-20 – Appointing David A. Briggs as Director of Operations and Maintenance (effective November 9, 2020).

General Manager Clifford C. Chan introduced Item 15 and said after a comprehensive recruitment process David A. Briggs was selected to fill the role of Director of Operations and Maintenance. President Marguerite Young recounted her experience working with Mr. Briggs on various projects in his previous roles at other agencies and expressed her delight that he was being considered for this position. Mr. Briggs thanked the Board for the opportunity and staff for their continued support. He said he enjoys working at the District and is looking forward to continuing serving the Board and District customers in his new role.

• Motion by Director Young, seconded by Director Linney, to approve the recommended action for Item 15 carried (7-0), by the following roll call vote: AYES (Coleman, Katz, Linney, McIntosh, Mellon, Patterson, and Young); NOES (None); ABSTAIN (None); ABSENT (None).

DETERMINATION AND DISCUSSION

16. General Manager’s Report.

Fiscal Impacts of COVID-19 Update

Director of Finance Sophia D. Skoda reported that although it is too early to accurately measure fiscal impacts from the COVID-19 pandemic, as reported previously, projected impacts will likely be greater in Fiscal Year 2021 (FY21) than in FY20. Ms. Skoda said that from April 2020 to date, water demand and development in the District’s service area has remained steady while unemployment in the service area has seen a slow recovery. Since January 2020, the District has seen a 17 percent increase in Customer Assistance Program participation and since September 2020, an approximate $5 million increase in delinquent customer accounts. She reviewed information on fiscal impacts to the economy, the financial markets, as well as projected or actual impacts to the state and other local and U.S. agencies and cities. She discussed FY22/23 budget priorities and key budget dates in 2021; the projected rate forecast previously provided to the Board during the FY20/21 budget and rates discussion; and highlighted how impacts from the pandemic may affect the projected FY22/23 rate target. Staff is carefully monitoring FY21 revenue and is providing targeted and expanded assistance to customers. Staff will continue developing the FY22/23 budget taking into consideration guidance from the Board, economic indicators, actions by peer agencies, and studies and recommendations from industry organizations such as the American Water Works Association and Association of Metropolitan Water Agencies. Ms. Skoda responded to Board questions on staffing levels needed to continue adequately maintaining the District’s infrastructure as compared to staffing levels during the 2008-2009 economic downturn and how significant increases in staffing would impact projected rate increases. The Board asked for information on studies or data showing the rate of economic rebound as COVID-19 restrictions are reduced.

Collection Strategy for Delinquent Accounts – Flow Restrictors

Manager of Customer and Community Services Andrew L. Lee presented information on a proposal to change the District’s payment collection process for single-family residential (SFR) customers to address delinquent accounts to include the installation of a flow restrictor and use Regular Meeting Minutes of October 27, 2020 Page 6 of 8

of the lien process. Mr. Lee said if approved, incorporating flow restrictors into the overall collection strategy would commence following the end of the governor's Executive Order N-42- 20 restricting shutoffs. In anticipation of the Executive Order being rescinded and/or the end of the emergency declaration, staff is evaluating other options to collect on delinquent accounts to minimize service discontinuation on SFR customers. One alternative is to install flow restrictors instead of discontinuing service when a customer is delinquent in paying their bill. Customers continue to receive water for basic needs but at a significantly reduced flow rate and pressure. This approach would enable the District to continue providing basic water service and a means to compel customers to pay their delinquent bill, thus adhering to the requirement of Proposition 218. He reviewed the competing objectives in Assembly Bill 685 and Proposition 218 and customer account delinquency trends from 2017 to date. He noted that overall, during COVID-19 the trend has not increased and that while the trend for SFR has remained consistent, delinquent accounts reaching shutoff status has more than doubled. He reviewed the existing process for managing delinquencies; actions staff has taken in responsive to the governor’s Executive Order restricting shutoffs; data showing the status of customer accounts (delinquent or in arrears); and maps showing locations of delinquent accounts pre-COVID and in October 2020. Since October 16, Mr. Lee reported over 7,000 SFR accounts were in shutoff status and that the majority of the affected residential customers are in disadvantaged communities. He discussed how other agencies have used flow restrictors and provided a video demonstration of how flow restrictors function on showers and on bathroom and kitchen faucets. He reviewed potential financial exposure; steps to minimize that exposure; and some key considerations if the Board approves this approach. Staff will prepare a resolution for Board consideration to authorize staff to develop a plan and evaluate the policies, procedures, resource needs, legal, financial, and operational considerations, and other issues related to incorporating flow restrictors into the District's collection strategy for delinquent accounts.

There was considerable Board discussion regarding the information presented. Mr. Lee responded to Board questions on the data regarding the shutoff status of SFR accounts on presentation slide 7; the District’s current collections process by staff and third party collections agencies; the ability to fabricate flow restrictors to increase or decrease the flow rate; how a flow restrictor would impact toilet functionality; impacts to residents in lower pressure or elevation zones; and clarification on flow restrictor installation costs. The Board asked staff to explore alternatives to charging customers for flow restrictor installations; consider additional outreach options prior to installing flow restrictors; compare charges for existing and proposed processes; alternatives on how the District may address customer arrears; and to reach out to SWPAUW, the Pacific Institute, and Clean Water Action on the District’s proposal.

Mr. Lee said staff was planning to present the resolution for consideration at the November 10 Board meeting. Following Board discussion on whether the resolution should be presented to a Board Committee prior to being presented at the Board meeting, General Manager Chan said staff would take the comments and feedback received and provide an update to the Finance/Administration Committee in November.

- Director Coleman left the meeting at 2:48 p.m. and did not return.

Regular Meeting Minutes of October 27, 2020 Page 7 of 8

REPORTS AND DIRECTOR COMMENTS

17. Committee Reports.

- Filed with the Board were the October 13, 2020 Planning Committee and Legislative/Human Resources Committee Minutes.

- Sustainability/Energy Committee Chair Doug Linney reported the Committee met earlier in the day (remotely) and received an update on: Biosolids Management Program; Resource Recovery Program; 2019 Greenhouse Gas Inventory; and Renewable Energy.

- Finance/Administration Committee Chair William B. Patterson reported the Committee met earlier in the day (remotely) and received an update on: Financial Review of Fiscal Year 2020; Fiscal Year 2020 Key Performance Indicators Report; Quarterly Investment Report- September 30, 2020; Quarterly Payroll Disbursement and Real Estate Summary Reports- September 30, 2020; September 2020 Monthly Investment Transactions Report; Water Infrastructure Finance and Innovation Act Loan Interest Letter; and Fiscal Year 2020 Annual Power Sales Report.

Director Linney asked for clarification on the purpose of reporting information from the Committee meetings and the level of detail Committee Chairs are expected to provide. President Young said the request to provide reports was in an effort to make information available to the public on topics discussed at Committee meetings since these meetings were not videotaped or recorded. The Board agreed to continue reporting information from the Committee meetings.

18. Other Items for Future Consideration.

- None.

19. Director Comments.

- Director Coleman reported participating in the EBMUD Virtual Wastewater Tour and Workshop (remotely) on October 20; the UMRWA Board meeting (remotely) on October 23; and the EBMUD Los Vaqueros JPA Ad Hoc Committee meeting (remotely) on October 26. He reported on plans to attend the Special UMRWA Board meeting (remotely) on October 29 (due to October 23 meeting being cancelled due to lack of a quorum).

- Directors Katz, Linney, McIntosh, Mellon, Patterson and President Young had no report.

Regular Meeting Minutes of October 27, 2020 Page 8 of 8

ADJOURNMENT

President Young adjourned the meeting at 3:07 p.m.

SUBMITTED BY:

______Rischa S. Cole, Secretary of the District

APPROVED: November 10, 2020

______Marguerite Young, President of the Board

W:\Board of Directors - Meeting Related Docs\Minutes\Minutes 2020\2020 Regular\102720_regular_minutes.docx

AGENDA NO. MEETING DATE November 10, 2020

TITLE SOBRANTE WATER TREATMENT PLANT MAINTENANCE AND SAFETY IMPROVEMENTS

 MOTION  RESOLUTION  ORDINANCE

RECOMMENDED ACTION

Award a contract to the lowest responsive/responsible bidder, C. Overaa & Co. (Overaa), in the amount of $4,423,000, for construction of Sobrante Water Treatment Plant (WTP) Maintenance and Safety Improvements under Specification 2159.

SUMMARY

Work involves maintenance improvements at the Sobrante WTP, including replacement of several roofs at the facility and other civil and mechanical upgrades to improve safety and system reliability.

DISCUSSION

This project will replace the roofs of the Sobrante WTP operations building, filter gallery, lime tower, two wash water settling basins, and clarifier. It will also replace existing baffle walls in the pretreatment basin, critical gates and valves, sealants, and a sewer lateral. In addition, the project will improve safety around liquid oxygen systems and repave the entrance road to the Sobrante WTP. This project supports the District’s Long-Term Infrastructure Investment Strategic Plan goal.

BID RESULTS

Bid documents were issued to 20 resource organizations and 26 prospective bidders. Six bids were received, ranging from $4,423,000 to $6,636,000. The bid summary is attached. The engineer’s estimate for this work is $4,292,475.

The lowest responsive/responsible bidder, Overaa, is licensed to perform work in California, and is not on the State Department of Industrial Relations (DIR) debarment list. Overaa and its listed subcontractors are properly registered with the State DIR. In the past five years, Overaa has not filed a Government Code Claim against the District, nor initiated any litigation against the District.

Funds Available: FY21; CIP # 000437; Page 47 Budget Code: WSC/570/7999/5561/2013516:25

DEPARTMENT SUBMITTING DEPARTMENT MANAGER or DIRECTOR APPROVED

Engineering and Construction

Olujimi O. Yoloye General Manager

Contact the Office of the District Secretary with questions about completing or submitting this form.

BD1_CB_1117 Sobrante Water Treatment Plant Maintenance and Safety Improvements November 10, 2020 Page 2

On October 21, 2020, NMI Industrial Holdings, Inc. (NMI) protested the low bid submitted by Overaa. NMI asserted that Pac Shield Roof Services (PSRS), the roofing subcontractor listed on Overaa’s bid, failed to use an acceptable manufacturer listed on the bid documents; is not a certified contractor of either Garland or Tremco, the two acceptable manufacturers listed on the bid documents; and does not have five projects employing the same roofing system within a 50-mile radius of Oakland. On October 27, 2020, NMI submitted a follow-up letter to support the points raised in their protest. Upon review of the protest and letter, the District determined that PSRS intends to use the Tremco roofing system and is a certified contractor of Tremco. In addition, PSRS submitted a list of projects that were performed by its key personnel using the Tremco roofing system. Therefore, NMI’S bid protest was rejected. Copies of the bid protest letters and the District's response are attached.

SUSTAINABILITY

Economic

Funding for this work is available in the FY21 adopted capital budget for the Treatment Plant Upgrades Project.

Social

The completed P-035 and P-061 forms for the Contract Equity Program are attached.

Work under this contract is subject to the payment of current prevailing wages according to determinations for each craft as established by the Director of Industrial Relations of the State of California.

Local 444 was notified of this work on December 5, 2019 and did not raise any specific issues related to this contract.

Environmental

A California Environmental Quality Act Notice of Exemption was posted with the Contra Costa County Clerk on April 7, 2020.

ALTERNATIVES

Do not proceed with the project. This alternative is not recommended because the roofing systems and mechanical and treatment process equipment have reached the end of their useful lives and pose system reliability and safety concerns.

Perform the work with District forces. This alternative is not recommended because District forces do not possess all of the expertise and resources needed to perform a project of this scale.

Sobrante Water Treatment Plant Maintenance and Safety Improvements November 10, 2020 Page 3

Attachments

Location Map Bid Summary P-035 - Contract Equity Program Summary P-061 - Affirmative Action Summary NMI Industrial Holdings, Inc. bid protest letter dated October 19, 2020 NMI Industrial Holdings, Inc. follow-up letter received on October 27, 2020 EBMUD response letter dated October 30, 2020

I:\Sec\2020 Board Related Items\111020 Board Agenda Items\E&C\Sobrante Water Treatment Plant Maintenance and Safety Improvements.doc

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·.·.· ·· . •' . . : .· · .. · : ·.. . .. =:· .. . .. , .. . . · . . . .· .. ··.· .. · . · .. · . . . ·. . . . . EAST BAY MUNICIPAL UTILITY DISTRICT PROJECT SITE LOCATION MAP SOBRANTE WATER TREATMENT PLANT MAINTENANCE AND SAFETY IMPROVEMENTS NOTTO SCALE SPECIFICATION 2159 EAST BAY MUNICIPAL UTILITY DISTRICT SPECIFICATION 2159 SOBRANTE WATER TREATMENT PLANT MAINTENANCE AND SAFETY IMPROVEMENTS Bids Opened October 14, 2020

TOTAL AMOUNT BIDDER BID C. Overaa & Co. 200 Parr Blvd. 1. $4,423,000 Richmond, CA 94801 (510) 234-0926

Garney Pacific, Inc. 324 E. 11th St., Ste. E2 2. $4,649,586 Tracy, CA 95376 (925) 800-1848

NMI Industrial Holdings, Inc.(SBE/DVBE) 8503 Weyand Ave. 3. $4,662,000 / $4,512,000* Sacramento, CA 95020 (916) 635-7030

Mountain Cascade, Inc. 555 Exchange Ct. 4. $5,140,786 Livermore, CA 94550 (925) 373-8370

Western Water Constructors, Inc. 707 Aviation Blvd. 5. $5,170,000 Santa Rosa, CA 95403 (707) 540-9640

Patriot Contracting, Inc. 4301 Bettencourt Wy. 6. $6,636,000 Union City, CA 94587 (510) 780-2807 SBE/DVBE – Small Business Enterprise or Disabled Veteran Business Enterprise *Effective Bid Amount due to SBE/DVBE discount (7% of the low bid amount, not to exceed $150,000)

Engineer’s Estimate: $ 4,292,475 This page is intentionally left blank. CONTRACT EQUITY PROGRAM SUMMARY (P-035) This summary contains information on the contractor's workforce and contract equity participation. (Completed by District)

TITLE DATE: SPECIFICATION NO.: 2159 Sobrante Water Treatment Plant Maintenance and Safety Improvements October 28, 2020

CONTRACTOR: PERCENTAGE OF CONTRACT DOLLARS Local Business C. Overaa & Co. Availability Group Contracting Objectives Participation Richmond, CA 94801

BID/PROPOSER'S FIRM'S OWNERSHIP White Men 25% 90.1% PRICE: Ethnicity Gender White Women 9% 0.0%

$4,423,000 White Men Ethnic Minorities 25% 9.9% CONTRACT EQUITY PARTICIPATION GENDER CONTRACTING PARTICIPATION ESTIMATED COMPANY NAME ETHNICITY AMOUNT White- White- Ethnic Publicly Gov't/Non MW Unclassified Foreign Men Women Minorities Held Corp. Profit

PRIME:

C. Overaa & Co. $3,047,200 White X 68.9%

SUBS:

Janus Corporation $235,000 White X 5.3%

Duran & Venables, Inc. $209,000 White X 4.7%

Pac Shield Roof Service, Inc. $440,000 Hispanic X 9.9%

C & C Metals, Inc. $221,200 White X 5.0%

Jim Myers & Sons, Inc. $270,600 White X 6.1%

TOTAL $4,423,000 90.1%0.0% 9.9% 0.0% 0.0% 0.0% 0.0% CONTRACTOR'S WORKFORCE PROFILE (From P-025 Form) White Men White Women Ethnic Minorities Total Employees

No. of Employees: 169 24 200

Percent of Total Employees: 43.0% 6.1% 50.9% 393

MSA Labor Market %: 32.3% 27.8% 39.9%

MSA Labor Market Location: 9 Bay Area Counties COMMENTS

Contract Equity Participation - 90.1% White Men participation and 9.9% Ethnic Minority participation.

Workforce Profile & Statement of Nondiscrimination Good Faith Outreach Efforts Award Approval Submitted Requirement Satisfied Recommended NA YES

(P-035 - 7/11) Page: 1 of 1 4395_C AFFIRMATIVE ACTION SUMMARY (P-061)

(Completed by District)

This summarizes information provided by the contractor(s)' P-025 Form regarding their workforce.

Title: Ethnic Minority Percentages From U.S. Census Data Sobrante Water Treatment Plant B H A/PI AI/AN TOTAL Maintenance and Safety Improvements National 10.5 10.7 3.7 0.7 27.3

DATE: 9 Bay Area Counties 5.5 16.2 14.2 0.4 39.9 Spec. No.: 2159 10/28/2020 Alameda/CC Counties 10.7 15.6 15.4 0.5 46.2 R=Recmmd P=Prime Composition of Ownership Number of Ethnic Minority Employees S=Sub

Company Name, Owner/Contact Person, Address, B H A/PIAI/AN TOTAL PERCENT MSA % and Phone Number

RPWM: LBE Company Wide 21 177 14 3 215 54.7% 39.9% C. Overaa & Co. Manager/Prof 0 20 1 0 21 75.0% Maggie White Technical/Sales 2 30 4 0 36 75.0% 200 Parr Blvd. Clerical/Skilled 12 92 7 3 114 52.5% Richmond, CA 94801 Semi/Unskilled 7 35 2 0 44 44.0% Bay Area 0 0 0 0 0 0.0% 39.9% 510-234-0926 AA Plan on File: NADate of last contract with District: NA Co. Wide MSA: 9 Bay Area Counties # Employees-Co. Wide: 393 Bay Area: 0 S WM: LBE Company Wide 11 273 1 0 285 91.9% 48.4% Janus Corporation Manager/Prof 000000.0% Barbara Eaves Technical/Sales 0 3 1 0 4 40.0% 1081 Shary Circle Clerical/Skilled 11 270 0 0 281 94.9% Concord, CA 94518 Semi/Unskilled 000000.0% Bay Area 0 0 0 0 0 0.0% 39.9% 925-969-9200 Co. Wide MSA: California # Employees-Co. Wide: 310 Bay Area: 0 SWM Company Wide 0 65 3 0 68 59.6% 39.9% Duran & Venables, Inc. Manager/Prof 0 3 1 0 4 33.3% Marina Miskic Technical/Sales 000000.0% 748 S. Hillview Drive Clerical/Skilled 0 35 2 0 37 52.1% Milpitas, CA 95035 Semi/Unskilled 0 27 0 0 27 90.0% Bay Area 0 0 0 0 0 0.0% 39.9% 408-934-7300 Co. Wide MSA: 9 Bay Area Counties # Employees-Co. Wide: 114 Bay Area: 114 SEMM: H - SBE Company Wide 0 19 0 0 19 82.6% 48.4% Pac Shield Roof Services Inc. Manager/Prof 0 4 0 0 4 57.1% Jack Lanto Technical/Sales 000000.0% 5151 Pentecost Drive, Suite A-1 Clerical/Skilled 0 3 0 0 3 100.0% Modesto, CA 95356 Semi/Unskilled 0 12 0 0 12 92.3% Bay Area 0 0 0 0 0 0.0% 39.9% 209-813-5692 Co. Wide MSA: California # Employees-Co. Wide: 23 Bay Area: 0 SWM Company Wide 0 9 0 0 9 17.0% 42.4% C & C Metals, Inc. Manager/Prof 0 1 0 0 1 10.0% Melinda Koonce Technical/Sales 0 3 0 0 3 23.1% 1402 East Davis Street Clerical/Skilled 0 4 0 0 4 23.5% Conroe, TX 77301 Semi/Unskilled 010017.7% Bay Area 0 0 0 0 0 0.0% 39.9% 936-760-5640 ext.233 Co. Wide MSA: Texas # Employees-Co. Wide: 53 Bay Area: 0 SWM Company Wide 8 0 2 0 10 14.3% 26.9% Jim Myers & Sons, Inc. Manager/Prof 202049.5% David Myers Technical/Sales 000000.0% 5120 Westinghouse Blvd. Clerical/Skilled 3 0 0 0 3 15.8% Charlotte, NC 28273 Semi/Unskilled 3 0 0 0 3 50.0% Bay Area 0 0 0 0 0 0.0% 39.9% 704-554-8397 Co. Wide MSA: North Carolina # Employees-Co. Wide: 70 Bay Area: 0 WM=White Male, WW=White Women, EM=Ethnic Minority (Ethnicities: B=Black, H=Hispanic, A/PI=Asian/Pacific Islander, and AI/AN=American Indian/Alaskan Native)

(P-061 - 7/11) Page: 1 of 2 File: C - 4395_C AFFIRMATIVE ACTION SUMMARY (P-061)

(Completed by District)

This summarizes information provided by the contractor(s)' P-025 Form regarding their workforce.

Title: Ethnic Minority Percentages From U.S. Census Data Sobrante Water Treatment Plant B H A/PI AI/AN TOTAL Maintenance and Safety Improvements National 10.5 10.7 3.7 0.7 27.3

DATE: 9 Bay Area Counties 5.5 16.2 14.2 0.4 39.9 Spec. No.: 2159 10/28/2020 Alameda/CC Counties 10.7 15.6 15.4 0.5 46.2 R=Recmmd P=Prime Composition of Ownership Number of Ethnic Minority Employees S=Sub

Company Name, Owner/Contact Person, Address, B H A/PI AI/AN TOTAL PERCENT MSA % and Phone Number

PWM: LBE Company Wide 1 43 2 2 48 53.3% 48.4% Garney Pacific, Inc. Manager/Prof 010015.9% Technical/Sales 000000.0% 324 E. 11th Street, Suite E2 Clerical/Skilled 0 4 1 0 5 50.0% Tracy, CA 95376 Semi/Unskilled 1 38 1 2 42 66.7% Bay Area 0 0 0 0 0 NA 39.9% 816-741-4600 Co. Wide MSA: California # Employees-Co. Wide: 90 Bay Area: 0 PWM Company Wide 0 6 3 0 9 7.8% 37.3% NMI Industrial Holdings, Inc. Manager/Prof 001015.0% Joel Flowers Technical/Sales 000000.0% 8503 Weyand Avenue Clerical/Skilled 062088.6% Sacramento, CA 95828 Semi/Unskilled 000000.0% Bay Area 0 0 0 0 0 0.0% 39.9% 916-628-5082 Co. Wide MSA: Sacramento # Employees-Co. Wide: 115 Bay Area: 0 PWM: LBE Company Wide 4 134 3 4 145 51.2% 39.9% Mountain Cascade, Inc. Manager/Prof 0 3 1 0 4 12.1% Desiree Arslanian Technical/Sales 000000.0% 555 Exchange Court Clerical/Skilled 0 2 0 0 2 16.7% Livermore, CA 94550 Semi/Unskilled 4 129 2 4 139 58.6% Bay Area 4 134 3 4 145 51.2% 39.9% 925-373-8370 Co. Wide MSA: 9 Bay Area Counties # Employees-Co. Wide: 283 Bay Area: 283 PWM Company Wide 3 11 0 0 14 27.5% 48.4% Western Water Constructors, Inc. Manager/Prof 000000.0% Ken Kretscher Technical/Sales 000000.0% 707 Aviation Blvd. Clerical/Skilled 020027.7% Santa Rosa, CA 95403 Semi/Unskilled 3 9 0 0 12 63.2% Bay Area 1 5 0 0 6 20.7% 39.9% 707-540-9640 Co. Wide MSA: California # Employees-Co. Wide: 51 Bay Area: 29 PWM Company Wide Patriot Contracting Inc. Manager/Prof Bob Mars Technical/Sales 4301 Bettencourt Way Clerical/Skilled INFORMATION NOT PROVIDED Union City, CA 94587 Semi/Unskilled Bay Area 510-780-2807 Co. Wide MSA:

WM=White Male, WW=White Women, EM=Ethnic Minority (Ethnicities: B=Black, H=Hispanic, A/PI=Asian/Pacific Islander, and AI/AN=American Indian/Alaskan Native)

(P-061 - 7/11) Page: 2 of 2 File: C - 4395_C This page is intentionally left blank. ~ NMI ™ -- Industrial October 19, 2020 Design · Build · Install

Director of Engineering and Construction East Bay Municipal Utility District P.O. Box 24055 Oakland, California 94623-1055

Re: SOBRANTE WATER TREATMENT PLANT MAINTENANCE AND SAFETY IMPROVEMENTS, SPECIFICATION 2159 Bid Protest

Gentlemen:

We have reason to believe that NMI has suffered a material and substantial damage in the bidding process that, if not corrected, may have the result of the award of the above referenced project unjustly and at detriment to NMI.

BACKGROUND NMI engaged with eight (8) different roofing subcontractor's proposals prior to selecting State Roofing Systems ("State"), Inc. Our due diligence confirmed that they met all Specification requirements, including product and installer criteria. Their price - roofing scope only - was $546,383. We selected State over another firm (PAC Shield Roofing Services, "PACShield"), even though PACShield's price (roofing only) was substantially less: $405,872. The difference, to be exact, is $140,5 11.

In this case, EBMUD did not publish any approved substitutions that would allow a bidding contractor to use any roofing system other than Garland or Tremco.

Please reference the following Specifications:

• 00 11 13 Notice to Bidders • 002113 Instructions to Bidders, Paragraph 3: Submittals prior to Bid Opening • 07 51 00 Built-up Bituminous Roofing >- Paragraph 1.3.D. - Quality Assurance >- Paragraph 1.4.F. - Submittals ~ Paragraph 2.7.F. - Acceptable Manufactures -., Paragraph 3.2.B. - General Workmanship

PROTEST #1 - EBMUD DID NOT QUALIFY ANY "OR EQUAL" PRODUCT THAT WOULD ALLOW FOR A NON-SPECIFIED PRODUCT. The Notice to Bidders establishes the procedure which permits bidders to have their proposed "or equal" product evaluated prior to bid opening. The lnstructions to Bidders further describe this procedure, describing the essence of this procedure as follows:

Page 1of3 ~ NMI ™ Industrial Design · B uild · Install

It is not the intent of the prequalification process for bidders to submit all of their proposed "or equal" products during the bid period; however, any proposed substitution of a designated material, product, thing or service which if rejected, would affect the bidder's bid amount, must be submitted for District consideration during the bid period.

Because there was no EBMUD published "or equal" roofing product, then all bidders are required to provide the Garland or Tremco roofing system. In this case, the value of utilizing a non-approved "or equal" amounts to $140,51 l. This would affect Overaa's bid inasmuch as they listed PACShield.

PROTEST #2- PACShield DOES NOT MEET THE CERTIFICATION REQUIRMENTS By extension, PACShield is required ("shall be") certified by either Garland or Tremco. This requirement is stated frequently, forcefully, and without condition. It is stated in Paragraphs J .3.D., J .4.F., 2.7.F., and 3.2.B.

We are informed that as of the time of bid, PACShield does not meet intent of the requirements of the Specifications.

PROTEST #3 - PACShield CANNOT MEET THE EXPERIENCE REQUIREMENT The Specifications require that PACShield shall provide "a list of at least five (5) projects employing same system, installed by the Contractor, and available for inspection within a fifty (50) mile radius of the City of Oakland."

We are informed that as of the time of bid, PACShield does not meet intent of the experience requirement of the Specifications.

SUMMARY NMI had to consider PACShield's bid on bid day. Two of our staff was on the phone with Mr. Rafael Lapizco Jr., (whom CSLB lists as the RMO/CEO/President of PACShield) for over 30 minutes. Staff notes indicate they discussed Mr. Lapizco's proposal (attached) and his acknowledgement of and variances to the Specifications. We rejected PACShield - despite an apparent $140,51 l advantage - because they did not meet the Specifications.

In short, Overaa listed a non-compliant subcontractor that was not qualified under the "or equal" provisions of the bid and non-compliant under the specifications. The advantage gained for roofing scope only - was at least $140,51 l. This is not a "minor irregularity."

Page 2 of 3 ~ NMI ™ ...... Industrial Design · Build • Instal l

RELIEF AND REQUEST NMI followed the requirements of EBMUD's Specifications. Overaa did not. We are asking the District to disqualify Overaa' s bid because it is non-compliant. An award to Overaa would be unjust and to the detriment of NMI.

We ask that the District award the subject contract to NMI.

Sincerely,

Scott Chastain President

Enclosed: PACShield proposal State proposal EBMUD published Bid Results

Page 3 of 3 SPECIFICATION 2159 Sobrante Water Treatment Plant Maintenance and Safety Improvements BID RESULTS October 14, 2020

Bid EnglnHr'I NMI Industrial Mountain Cascadt, W estern Water Patriot Contracting, o ..cr1puo" C. Overaa & Co. Garney Pac:ific, Inc. Estimate Holdlngs Inc. Conatructors Inc. ·- - -c- - ...... ~WIMIT~P.-nl,,,.D!Ketri.bwll-uprooftndroolor1111u.r1MOf*'litonsDU"!dlnt,Folt• ~ N'c:Mtl• and Ufte T...... ,~ R•~f'Mt Mite w~ 111 tt...F~ 8a$.:!\S. Rt4!1.ot N ..,.tor ve1Y91 Ill Mrlot~ a.....w., Rep!eoe l'le 11411 ..... "'N s.L"Mln~ 8asN1 ~ Dl.stnd·~ ...... R~~(7)~_.,,.,..._andO'le(1)in... ~-."-·NWa$/witaWFfl.,., R..,tece._ ,.-. •lh two(?) W~ Settlftf ...... F~ and ir\SW,_ roolal IMa.#• $3,783,000 $4,053,586 $4,030,000 $4,562,786 $4,520,000 $6,086,000 ' :SINC1Ul'e,E.cleMh,_,,,..,..'a~onlll·Nl.;.qll!Cl~Facit.ity:lftstal~~--~ 'perviuMr.c-ty-.~~roM;P..torm~~- . Mn0lir'9.lf'CIO.:sposalot ~INt.,.•stor .. ~wor&. 91\d~,.a,etM~wot'l.c:omoi.aaaslf'IOllrlo'llenN ;or.-;t~.,.ofied ·~-"'ll'ldr..ldecf"i..-2,3, MdClothlunlfl'Utlof

ReQIKe ~to""' 9M1W1t .ttl'le 0.-.. S~wMI W..,.,...,s.cti.ng ea- ' ---- $20,000 - $24,000 $28.000 - $70,000 $30,000 - ---$10,000 R~~~11,000~1Hto1Me~roed $240,000 $192,000 $224,000 $128,000 $240,000 $160,000 ' - ...... _ P9f Mdtol'I 01 21 00 $380,000 $380,000 $380,000 $380,000 $380,000 $380,000 • ->- TO"lAL AMOUNT 810 FOR AU fTEMS (1 Uvough 4) $4,292,475 $4,423,000 $4,649,586 $4,662,000 $5,140,786 $5,170,000 $6,636,000

DHtrtP'lo" ., Wcri; lo .. 1'1rto11Md SUb..COt1tr•dot9 $209,000 AC Paving - Duran Venables - - Milpitas. Ca $02,400 -- c- Asphalt Vintage Paving Co. · --- WintMS, CA $160,000 --- r- Earthwork & Paving -- Radious - San Jose, CA - $200,000 Grading I Paving --- McGuire and Hester, Alameda, CA $185,000 Asbestos Removal & Demo Roofing --- Marlield Co. Inc • Ridwnond, CA ,__ $30,000 Demo - WC Maloney· Stockton, CA $235,000 f- ,__ - Demolttion Janus Co. - Concord, CA - $270,000 - --- Alliance Contracting - ·- -- Demo/ Abatement Servtces, Inc. - Hayward, CA $226,000 f- Demo I Hazmat ------Pare Environmental · Fresno, CA $2 16,000 Road Demo, Base, Paving ------Duran & Venabfes. Milpitas, CA - - $135,000 Misc & Rough Carpentry Wood Sheeting ------Peak - San Francisco, CA - --- $450,000 Rough Carpentry Bjorl< Construction Co., Inc. ·Fremont, CA - $ 15,500 Caulking --- Danco Wat9fpfoofing - Pleasanton. CA --- 545,000 National Costing & Coatings Lining, Co. - Mumeta, CA - $50,000 - $54,000 $49,000 $125,000 National Coating and Paintings & Coatings FD Thomas · Central FD Thomas, Inc. · Techno Coating - Lining Company • Point. OR Central Point. OR Anaheim, CA Murrieta, CA - $78 000 Painting & Sealant - - National Coating & Lining - Munieta, CA $120.000 Concrete Landavazo - Hayward, CA $58,738 Lightweight Concrete --- Cell·Crete COIP. • Hayward, CA $45,000 - --- -~ Lightweight Insulating Concrete CeH-Ctete Corpofation, klc. - Monrovia, CA

$1,074,000 Plumbing - --- Apex Med>anlcal, Inc. Fremont.CA - $294,000 Roofing Demolition Aniance Contracting Services· Sacramento, CA - _ 5440,000 - c- Built Up Roofing Pac Shield • Modesto, - CA $564,700 $520,000 $483,495 $463.000 $772,000 f- Pac Shie$d Roof Stronger Building Roofing Pac Shieki · Modesto, State Roofing Systems Pac Shteld • Modesto, Services - San Rafael, SeMoes- San CA - San Leandro. CA CA CA Leandro, CA --- - $72,000 Scaffolding --- Brand I Salway · Benicia, CA ------5498,000 Steelwork - IBS · San Francisco, CA - October 14, 2020

General Contractor

I. Project Information: EBMUD - Sobrante WTP Maintenance and Safety Improvements Specification 2159 5500 Amend Road in El Sobrante, CA

II. Owner Information: EAST BAY MUNICIPAL UTILITY DISTRICT 375 11th Street Oakland, CA 94607

III. Manufacturer: GARLAND

IV. Scope of Work: New construction Roof membrane installation only I Demo by others 1. Install DenDeck W', primed, set into low rise foam insulation adhesive. 2. Install 2 plies base sheets into, cold adhesive at rate of 2 gal/100 sq-ft. 3. Install 1 ply, cap sheets, smooth surface into cold adhesive at rate of 2 gal/100 sq-ft. 4. Broadcast gravel 400 lb/100 sq-ft into cold adhesive. 5. Ops & Filter Bldg - a. Install aluminum flashings at perimeters and expansion joints flashings as specified per plan DETAILS 505.20A-026. b. Provide and install Access hatches [line item below] i. 4 ea - 4x4 Skylights-polycarbonate pyramid lens, kynar finish frames ii. 2 ea - 8x8 Aluminum Hatches [Lime Tower roof] c. Provide & install Retrofit drains at new drain locations. 6. WashBasins & Clarifier Bldgs - a. Install Copper flashings at perimeters as specified per plan DETAILS 505.30-A-003.07. b. Provide and install Access hatches [line item below] 1. 4 ea - 3x3 Aluminum hatches ii. 10 eac - 8x8 Aluminum Hatches

V. Specification Date: 8/10/2020 I SPEC 2159

VI. Sections I Pages: • 07 51 00 Bituminous Roofing • 08 31 05 Access Haches • 08 62 00 Unit Skylights

VII. Plan Date: 8/10/2020

VIII. Plan Pages I Details: • 505.20-A-026 Architectural Details • 505.20-A-042.02 Roof Plan.REVS • 505.30-A-003.05 /Clarifier & Wash Water Settling Basins- Roof Plan • 505.30-A-003.06 /Clarifier & Wash Water Settling Basins- Exterior Elevation • 505.30-A-003.07 /Clarifier & Wash Water Settling Basins- Roof Details

15444Hesperian8lvd • San Leandro, CA 94578-3959 • (800)377-7663 • Fax(510)317-1470 • CA#417692 • NV#0065327 www.stateroofingsystems.com • e-mail: [email protected] Page I of3 IX. Exclusions: l. All Demo - Roofing, Structural 2. Concrete fill at existing roof drains. 3. Concrete coring for new roof drains. 4. Lightweight concrete Taper for crickets 5. Carpentry - Structural I Framing 6. Scaffolding 7. Sheetmetal - other than listed 8. Painting 9. Plumbing - Copper gutters and Down spouts [Line item price below] 10. Access Ladders 11. Permits 12. Bonds 13. Deck Preparation inspections 14. Deck protection from moisture prior to roof installation. 15. Multiple Phase unless indicated elsewhere 16. Roof Surface Protection after installation 17. Cleaning roof prior to Manufacturer Inspection if applicable

Roof Price: $546,383.00

Access Hatches: $100,312.00 (Includes 9.75% tax) Skylights & Fall protection: $ 3,391.00 (Frames are painted, cannot provide kynar finish) Copper Gutters & downspouts: $174,252.00 (Pricing good thru 7/31/2021)

This bid must be included in the final contract in the body of the contract as an attachment signed by both parties.

Additional Work approved after the contract: Time and material work: $165.00 per man hour I Portal to Portal Material cost plus 18%

X. Price is based on the following: Valid until December 31 , 2020

a) Phases remobilizing included: Three; (Additional cost for additional remobilizing) b) Installation between 7am and 5pm. c) Scaffolding will be in place installed by others for the duration of the project at all exposed eave locations. d) Project is bid for access to crane load all materials and equipment from the street with no restrictions i.e. powerlines, scaffold etc. If street closures or hand loading is required there will be added costs. e) GC must provide all utilities i.e. but not limited to Toilet, Water and Electrical outlets. In the event a heat welding walker is used we will need 50 amp 230 volts 4600 watt service. f) Attendance of weekly meetings 1-2 weeks prior to start and during the process of our installation only. g) If project is delayed and material increases will occur, all remaining materials must be purchased and paid for. h) If pre-purchase is not possible, the cost increase will be charged separately. i) Payment Schedule: Progress billings will occur monthly after initial material billing. j) Materials must be pre-purchased and will be billed upon order. Materials can be stored at our shop in San Leandro, jobsite grounds (if secured) or on the roof. k) Payment: upon receipt of Invoice 1) Retention will be set at 5% and will be paid 30 days after completion of our work.

Salesman: Stephen Tong e-mail: [email protected] Phone: 510-317-1487 direct line Cell: 510-714-3117

15444Hesperian81vd • San Leandro, CA 94578-3959 • (800)377-7663 • Fax(510)317-1470 • CA#417692 • NV#0065327 www.stateroofingsystems.com • e-mail: [email protected] Page 2 of3 If this cannot be added to the General Contract we will need written approval I Signatures are required in addition to any other contract documents that will be provided.

Signature Date

Print Name

Attachments: (upon acceptance) General Conditions Preliminary Lien Information Request Form Product Data Sheets Details

15444HesperianBlvd • San Leandro, CA 94578-3959 • (800)377-7663 • Fax(510)317-1470 • CA#4 17692 • NV#0065327 www.stateroofingsystems.com • e-mail: [email protected] Page 3 of3 This page is intentionally left blank. Proposal for Roofing Sobrante Water Treatment Plant Maintenance & Safety Improvements 5500 Amend Road El Sobrante, CA 94803 October 14, 2020 Attn: Estimating Department/ General Contractor

Scope of Work

Base Bid: 07 51 00 Bituminous Roofing Inclusions - Operations and Filter Buildings. Clarifier. Basins #1 & 2 • Mobilize crew(s). Load materials. • Over exposed substrate, provide and install one layer of red rosin paper. • Provide and install 1/4" primed gypsum cover board, as per manufacturer's recommendations. • Provide and install two plies of 28lb fiberglass interply sheet, in cold-application adhesive as per manufacturer's recommendations. • Provide and install one ply of modified bituminous membrane, in cold-application adhesive as per manufacturer's recommendations. • Provide and apply flood coat of low-VOC modified cold-application adhesive and Y." roofing aggregate at approximately 400 lbs. per 100 square feet. • Provide and apply one ply of 28lb fiberglass base sheet and one ply of base-flashing sheet, in cold-application adhesive as per manufacturer's recommendations. • Bid includes min. 24 GA gravel stop and cleat at perimeter edge locations. • Bid includes min. 24 GA Reglet and SpringLok counterflashing at roof to wall and perimeter edge locations where condition occurs. • Provide 30-Yr Manufacturer's NOL warranty and 2-Yr contractor's workmanship warranty.

Pricing Breakdown 1. 07 5100 Bituminous Roofing - $405.,872.00

Additional Line Item/Optional Pricing • To provide and install 4 EA 45" x 45" skylights as per roof plan, please add $7 010 .00 to the base bid amount. • To provide and install 16 EA access hatches as per roof plan, please add $141.264.00 to the base bid amount. Material: $125 937 00. Labor: $15 327 00. • To provide and install copper gutters and downspouts, to include hangars, straps, supports, gutter guard, outlets, splash block, please add .$35 282.00 to the base bid amount.

Exclusions • Any and all EFVM, leak detection systems, plumbing, exterior finish, electrical, structural, HVAC/mechanical work, rooftop insulation, temporary weatherproofing, air/vapor barrier, vertical sheathing, protection of the building's interior and exterior, PV panels and PV panels stanchion, roof demolition, hazardous abatement, sheet metal flashing and trim (not mentioned above), cellular concrete, expansion joint, expansion joint cover. • Any and all; carpentry, plywood replacement, wood blocks, wood nailers, framing, in-fill framing. • Bonds (2.5%), permits, OCIP.

ft 5151 Pentecost Drive, Modesto, CA,95356 ~ www.pacshield.com ~ 800.689.4716 ~ CL#1031725 Qualification Notes • DIR#1000435804 • Certified Small Business #2019849 • Addenda #1-2 are acknowledged.

Sincerely,

Rafael Lapizco Jr. Commercial Estimator Cell: (209) 840-0271 [email protected]

ft 5151 Pentecost Drive, Modesto, CA,95356 ~ www.pacshield.com ~ 800.689.4716 ~ CL#1031725 ~ NMI™ Industrial D•slgn • Bulld · Install

NMI finds it necessary to make a distinction between what your Specifications require ("Certified" installer) and what may be incorrectly assumed to be its equal, an "Approved" installer.

On October 21, 2020, Mr. Chastain received this message from Mr. Rafael Lapizco, Sr. of PacShield Roof Services, Inc. indicating that he was a "Tremco certified installer":

Scott, I didn't have your direct contact information but I was made aware of your bid protest and I thought I'd reach out directly. The purpose is just to inform you that that the information you may have been given by your staff in not correct. President to President I would want to know. First your staff never reached out after we submitted the proposal. One of your guys reached out to us prior to the proposal being sent and never followed up. Second, I'm the President Rafael Lapizco Sr therefore you're staff never talked to me as stated in your protest. They spoke to Rafael Lapizco Jr who is my son and lead estimators on the project. Third we are and have been a Tremco certified installer. In fact If you read my profile I was at one point Tremco's Roofing Advisor. Hopefully next to we can work together more closely and avoid this foolishness.

Thanks for your time.

Rafael Lapizco Sr. President/ CEO Pacshield Roof Services Inc. 209-831-0071

We highlight Mr. Lapizco's third point, while concurrently quoting directly from the Tremco requirements for the status of "Certified" installer (from the website https:ljwww.tremcoroofing.com/ ma rkets-we-se rve/ contractors/):

Only the most capable and experienced professionals install our roofing and weatherproofing systems. Every one of our approved contractors has met strict qualifications for financial stability, employee training and industry experience. Tremco Roofing and Building Maintenance has three levels of contractor certification: Approved, Certified, and Elite.

Requirements to be an approved Tremco Roofing Contractor follow: • Minimum of five years in the roofing business under the same name. • Successfully completing Tremco Roofing-provided training for all of our specified roofing systems. • Current insurance certificates on file with us before material will be shipped • B+ (or better) rating with Best. • Have not filed Chapter Seven bankruptcy within the past 1O years and will adhere to Tremco Roofing's standard credit policies. • Require five product supply references • Provide at least a two year warranty on workmanship. • Five completed jobs and customer references (three jobs at least three years old). • Interested contractors can participate in Tremco's TremCare program to supply maintenance to our customers. • Agree to fund specified number of days per week of Tremco Job Site Inspection Days.

1 1Page ~ NMI™ Industrial Dt1l9n · Bulld · Install

We again assert that we sought PacShield's ability to meet the specification on bid day. The Rafael with whom we spoke represented that they did not exactly meet the requirements.

Further, based on first bullet point alone, PacShield does not meet the criteria for "Certification" because, according to the Contractors State License Board, they have been in business for about 3 years - two years short of Tremco's requirement. We are doubtful they meet the published criteria for certification status.

The above discussion applies to our protest of subcontractor certification. We continue to assert the subject subcontractor does not meet the experience requirements of the Specifications.

If you have any questions, please feel free to contact me in Mr. Chastain's absence through October 31, 2020.

Sincerely,

Ali Elyassi Estimating Manager

VIA EMAIL AND USPS

October 30, 2020

Scott Chastain, President NMI Industrial Holdings, Inc. 8503 Weyand Ave. Sacramento, CA 95828

Subject: Specification 2159 – Sobrante Water Treatment Plant Maintenance and Safety Bid Protest by NMI Industrial Holdings, Inc. (NMI)

Dear Mr. Chastain:

We have reviewed the points raised in your October 19, 2020 bid protest letter and the supplementary information provided by Mr. Ali Elyassi on October 27, 2020 and have determined that there is no basis for deeming C. Overaa & Co.’s (Overaa) bid non-responsive. In the protest, NMI raised three points with respect to the qualification and experience of PAC Shield Roof Services (PSRS). You believe: 1) EBMUD did not qualify any “Or Equal” product that would allow for a non-specified product and/or all bidders are required to use only Garland or Tremco products, 2) PSRS is not a certified contractor for either Garland or Tremco, and 3) PSRS cannot meet the experience requirements specified in the contract documents.

Our findings and conclusions in response to these points are as follows:

1. As NMI previously referenced, EBMUD outlines the provisions for submitting an “Or Equal” substitution request in the contract documents. However, no substitution requests were submitted for the roofing products. The argument asserting that the contract documents only permit Garland or Tremco products is not only patently false, but also rendered moot. Overaa has informed us that Tremco products will be used for the roofing installation. We have no factual basis to challenge this. As its normal course of contract administration, the District actively enforces all provisions of its plans and specifications during construction in accordance with the law, and finds no merit to this claim.

2. Overaa has indicated and provided documentation that PSRS is an approved Tremco Contractor. Based on the submitted information, we deem that PSRS is certified to install Tremco products.

SPECIFICATION 2159 – Sobrante Water Treatment Plant Maintenance and Safety Improvements October 30, 2020 Page 2

3. Overaa has provided a list of five projects that employs the same system installed by the contractor. The listed project locations are within a 50 mile radius of Oakland. Overaa has also provided documentation indicating that key PSRS personnel have decades of experience with the installation of similar roofing systems not only from Tremco, but other manufacturers as well. In addition, these key personnel were indicated to have had roles as former Tremco Roofing Advisor, WTI Superintendent, and Tremco Certified Applicator. Upon careful review of the submitted information, we deem that the contractor meets the intended experience requirements.

Based on these findings, the District has determined that Overaa’s bid meets the requirements of the contract documents and is therefore considered responsive. NMI’s bid protest is hereby denied. Should you wish to file an appeal of our determination, you have five work days from the receipt of this letter to set forth your grounds for appeal in accordance with Article 27 of the Instructions to Bidders.

Sincerely,

Olujimi O. Yoloye Director of Engineering and Construction

OOY:JKT:mhl

AGENDA NO. MEETING DATE November 10, 2020

TITLE ORACLE SERVERS REPLACEMENT

MOTION  RESOLUTION  ORDINANCE

RECOMMENDED ACTION

A. Authorize an agreement beginning on or after November 10, 2020 with Groupware Technology, Inc. in an amount not to exceed $373,389 for the delivery and five-year support and maintenance of Dell server hardware and VMware vSphere software licenses, and the delivery and one-year support and maintenance of Red Hat Enterprise Linux software licenses.

B. Authorize an agreement beginning on or after November 10, 2020 with Dynamic Systems, Inc., in an amount not to exceed $24,401 for the delivery of Oracle University Database Learning Subscriptions.

SUMMARY

The District has been using Oracle as its core database platform since 1989 for many critical computer information systems, including customer billing, water consumption, financial, human resources, and work management. Existing server hardware used for the Oracle database is at the end of its reliable service life. The new solution for the District’s Oracle database will consist of upgraded Oracle 12c databases hosted from Red Hat Enterprise Linux servers running on VMware’s virtualization platform on Dell server hardware. This project will provide additional Oracle training for key staff members who are tasked with Oracle database platform and version migrations.

DISCUSSION

The District’s Sun Solaris Oracle database servers have reached the end of their reliable five-year service life, and must be replaced. Refreshing the aging server hardware will minimize the risk of business disruption that could affect critical District operations. This solution will modernize the District’s Oracle system architecture by virtualizing the database host servers using Red Hat Enterprise Linux on VMware running underlying Dell server hardware. These efforts also facilitate future migrations of Oracle databases and applications into cloud computing environments. The District will upgrade databases to version 12c during the platform migration, and Oracle training is necessary for the key staff members who will be upgrading the database software and subsequently supporting the operation of the upgraded Oracle

Funds Available: FY 21 Budget Code: : WSO/252/1013973/8523

DEPARTMENT SUBMITTING DEPARTMENT MANAGER or DIRECTOR APPROVED

Information Systems

Andrew J. Levine General Manager

Contact the Office of the District Secretary with questions about completing or submitting this form.

BD1_GS_0718 Oracle Servers Replacement November 10, 2020 Page 2 environment. The Red Hat Enterprise Linux support and maintenance agreement is only available in one- year periods, so additional periods will be purchased as each agreement expires.

This agreement supports the District’s Long-Term Financial Stability Strategic Plan goal by helping to improve the efficiency, effectiveness, and reliability of business processes.

SERVICE PROVIDER SELECTION

A request for quotations for Dell servers, VMware licenses, and Red Hat Enterprise Linux subscriptions was posted on the District’s website and sent to 140 potential bidders. Groupware Technology, Inc. was the lowest responsive, responsible bidder.

A request for quotations for Oracle University Database Learning Subscriptions was sent to three authorized resellers. Dynamic Systems, Inc. provided the lowest price on the Oracle University portion of this purchase.

SUSTAINABILITY

Economic

Funding for this purchase is available in the FY20 & FY21 adopted operating budget.

Environmental

Dell server power supplies have earned U.S. Environmental Protection Agency ENERGY STAR certification, indicating that they use 30 percent less power than conventional models. The power supplies have earned the industry standard 80 PLUS Platinum energy efficiency certification.

ALTERNATIVES

Do not authorize the agreement to replace the server hardware. This alternative is not recommended because the current servers are at the end of their reliable service lives. The server platforms will begin to experience increased frequency of component failure and performance limitations as they age. The failures could result in disruption to critical business operations.

Do not authorize the agreement to purchase Oracle learning subscriptions. This alternative is not recommended because staff would not have access to Oracle certified training for Oracle Database version 12c. Lack of staff training will result in needing costly consultants to assist with the project.

Attachments

P-035 – Contract Equity Program Summary P-061 – Affirmative Action Summary

I:\Sec\2020 Board Related Items\111020 Board Agenda Items\ISD – Oracle Servers Replacement.docx

CONTRACT EQUITY PROGRAM SUMMARY (P-035) This summary contains information on the contractor's workforce and contract equity participation. (Completed by District)

TITLE DATE: General Services Agreement Oracle Servers Replacement - Five-Year Contract October 27, 2020

CONTRACTOR: PERCENTAGE OF CONTRACT DOLLARS

Various Firms Availability Group Contracting Objectives Participation (See below)

BID/PROPOSER'S FIRM'S OWNERSHIP White Men 25% 93.9% PRICE: Ethnicity Gender White Women 6% 6.1%

$397,790 * See below - Ethnic Minorities 25% 0.0% CONTRACT EQUITY PARTICIPATION GENDER CONTRACTING PARTICIPATION ESTIMATED COMPANY NAME ETHNICITY AMOUNT White- White- Ethnic Publicly Gov't/Non MW Unclassified Foreign Men Women Minorities Held Corp. Profit

PRIME A.:

Groupware Technology, Inc. $373,389 White X 93.9%

PRIME B.:

Dynamic Systems, Inc. $24,401 White X 6.1%

SUBS:

None

TOTAL $397,790 93.9% 6.1% 0.0% 0.0% 0.0% 0.0% 0.0% CONTRACTOR'S WORKFORCE PROFILE (From P-025 Form) White MenWhite Women Ethnic Minorities Total Employees

No. of Employees:

Percent of Total Employees: See Attached Form P-61 MSA Labor Market %:

MSA Labor Market Location: COMMENTS

Contract Equity Participation - 93.9% White Men participation and 6.1% White Women participation.

Totals not to exceed: $373,389 (Groupware Technology, Inc.) and B. $24,401 (Dynamic Systems, Inc.)

Workforce Profile & Statement of Nondiscrimination Good Faith Outreach Efforts Award Approval Submitted Requirement Satisfied Recommended NA NA

(P-035 - 7/11) Page: 1 of 1 4392_G AFFIRMATIVE ACTION SUMMARY (P-061) (Completed by District) This summarizes information provided by the contractor(s)' P-025 Form regarding their workforce.

Title: Ethnic Minority Percentages From U.S. Census Data Oracle Servers Replacement - Five-Year B H A/PI AI/AN TOTAL Contract National 10.5 10.7 3.7 0.7 27.3

DATE: 9 Bay Area Counties 5.5 16.2 14.2 0.4 39.9 General Services Agreement 10/27/2020 Alameda/CC Counties 10.7 15.6 15.4 0.5 46.2 R=Recmmd P=Prime S=Sub Composition of Ownership Number of Ethnic Minority Employees

Company Name, Owner/Contact Person, Address, B H A/PIAI/AN TOTAL PERCENT MSA % and Phone Number

RPWM Company Wide 1 26 37 0 64 37.9% 52.1% PRIME A . Manager/Prof 0 3 11 0 14 35.0% Groupware Technology, Inc. Lisa Stegen Technical/Sales 1 12 14 0 27 41.5% 541 Division Street Clerical/Skilled 0 6 11 0 17 29.3% Campbell, CA 95008 Semi/Unskilled 0 5 1 0 6 100.0% Bay Area 1 23 35 0 59 41.0% 39.9% 408-396-67777 AA Plan on File: NA Date of last contract with District: NA Co. Wide MSA: San Jose # Employees-Co. Wide: 169 Bay Area: 144 PEMM: A/PI - L/SBE Company Wide 0 2 3 0 5 38.5% 48.4% Saitech Inc. Manager/Prof 0 1 3 0 4 44.4% Sachin Shane Technical/Sales 000000.0% 42640 Christy Street Clerical/Skilled 0 1 0 0 1 50.0% Fremont, CA 94538 Semi/Unskilled 000000.0% Bay Area 0 0 0 0 0 0.0% 39.9% 510-440-0256 Co. Wide MSA: California # Employees-Co. Wide: 13 Bay Area: 0

RPWW: SBE Company Wide 2 2 4 0 8 10.8% 27.3% PRIME B. Dynamic Systems, Inc. Manager/Prof 2 0 3 0 5 11.6% Dean Dierks Technical/Sales 001015.3% 124 Maryland Street Clerical/Skilled 0 2 0 0 2 16.7% El Segundo, CA 90245 Semi/Unskilled 000000.0% Bay Area 0 0 0 0 0 0.0% 39.9% 310-337-4400 Co. Wide MSA: Total USA # Employees-Co. Wide: 74 Bay Area: 0 PWM Company Wide ExitCertified Manager/Prof Kelly Nevius Technical/Sales 8950 Cal Center Drive, Bldg. 1 Clerical/Skilled INFORMATION NOT PROVIDED Sacramento, CA 95826 Semi/Unskilled Bay Area 916-669-3975 Co. Wide MSA:

WM=White Male, WW=White Women, EM=Ethnic Minority (Ethnicities: B=Black, H=Hispanic, A/PI=Asian/Pacific Islander, and AI/AN=American Indian/Alaskan Native)

(P-061 - 7/11) Page: 1 of 1 File: GS - 4392_G

AGENDA NO. MEETING DATE November 10, 2020

TITLE DUMP TRUCK SERVICES

 MOTION  RESOLUTION  ORDINANCE

RECOMMENDED ACTION

A. Authorize amendments to the agreements previously authorized under Board Motion No. 104-19 with the vendors listed below to increase the combined amount of those agreements by $3,750,000 to a total combined amount not to exceed $10,550,000 and extend the terms of the agreements to November 10, 2021 for the rental of fully-maintained and operated (FM&O) dump truck services.

Allied Materials, Inc. Gloria Washington Trucking, Inc. S&L Enterprises Channa Trucking Hills Trucking S&L Trucking LLC CIA Trucking Ibarra Trucking Sky Rock, Inc. Curbside Trucking LLC Inder Trucking S.M.G. Trucking JD Trucking Company Jackson Transportation Sudden Sam’s Trucking Darrah Trucking & Excavating, Inc. Just Because Trucking Inc. Sunny Motors Transport, Inc. Tri Valley Water Trucks, Inc. Mae Trucking Tom Aiken General Engineering E.M. Blair Trucking Royal Trucking/Maintenance Wide Area, Inc.

B. Authorize additional agreements for FM&O dump truck services, on an as-needed basis, with vendors that meet District standards and offer pricing at or below the range in the proposed agreements with the vendors above to increase flexibility and ensure vendor availability. The Board of Directors will be notified of additional qualified vendors by means of the General Manager’s monthly report.

SUMMARY

The District uses FM&O dump truck services to haul soil and asphalt (trench soils) for recycling from job site locations and/or to haul backfill material and asphalt to job site locations. These resources are needed to supplement internal hauling resources during peak workload periods, during occasional long-haul projects, and to backfill planned and unplanned staff absences.

Funds Available: FY21 Budget Code: Various/Various

DEPARTMENT SUBMITTING DEPARTMENT MANAGER or DIRECTOR APPROVED

Maintenance and Construction

Michael R. Ambrose General Manager

BD1_GS_0718 Dump Truck Services November 10, 2020 Page 2

DISCUSSION

The District uses dump trucks primarily when constructing and repairing pipelines and appurtenances to maintain, upgrade, modify, and expand the District’s water distribution system. Spending on FM&O dump truck services is driven by a number of variables. The type and number of dump trucks required on any given day can vary depending on the available District resources, excavated volume, planned activity (e.g., pipe installation versus service transfer), and length of haul required. The unit costs for dump trucks vary by the size and type of truck.

Staff will continue to monitor and manage these rental resources, consider additional District resources in future budgets, and explore efficiencies and new technologies to reduce trench soils. This work supports the District's Long-Term Infrastructure Investment Strategic Plan goal.

SERVICE PROVIDER SELECTION

The District conducted a market survey that solicited input from competing companies in the industry as well as large users, such as Caltrans. Based on this information, the District established fair hourly rates (currently between $112/hour and $143/hour depending on the size of truck) and invited all qualified vendors willing to accept that rate to sign up and participate in the program. Requests for proposals were sent to three resource organizations and 80 potential vendors. The District includes as many vendors as it estimates demand will support on its active vendor list. Vendors on this list will be assigned work opportunities on a rotational basis to ensure a fair and equitable distribution of the total workload. New vendors are put on a standby list and will be added to the active list as demand increases, vendors drop off, or vendors are released for poor performance.

SUSTAINABILITY

Economic

The FY21 adopted budget includes funding for a portion of this agreement. Funding for the rest of the agreement will be considered as part of the FY22/23 budget development process.

Social

The completed P-035 and P-061 forms for the Contract Equity Program are attached.

Local 444 was notified of these amendments on August 27, 2020. The District and Local 444 met to discuss these amendments on September 3, 2020, October 1, 2020, and November 5, 2020. Local 444 opposes contracting the core work of its represented classifications. The District’s reasons for contracting, as explained above, are consistent with the District’s criteria for contracting out work.

Environmental

The use of FM&O dump truck services helps maintain efficient main break repair and pipeline replacement projects, and reduces impacts to areas adjacent to District job sites.

Dump Truck Services November 10, 2020 Page 3

ALTERNATIVES

Do not amend agreements for dump truck services. This alternative is not recommended because it could delay repairs and construction of projects pending availability of District operators and equipment. Without these resources, customers could experience delays in leak response, service installations, pipeline replacements, applicant work, and other District capital projects.

Conduct a competitive bid process. This alternative is not recommended because no single company has sufficient resources to address all of the District's requirements and needs. It would also reduce the District's ability to provide business opportunities to local Small Business Enterprise companies. In addition, a market survey was conducted to ensure the District will be compensating vendors consistent with the market.

Attachments

P-035 – Contract Equity Program Summary P-061 – Affirmative Action Summary

I:\Sec\2020 Board Related Items\111020\Board Agenda Items\OMD – Dump Truck Services .docx

This page is intentionally left blank. CONTRACT EQUITY PROGRAM SUMMARY (P-035) This summary contains information on the contractor's workforce and contract equity participation. (Completed by District) TITLE DATE General Services Agreement - Amendment November 4, 2020 Dump Truck Services - One-Year Contract

CONTRACTOR: PERCENTAGE OF CONTRACT DOLLARS Various Firms Availability GroupContracting Objectives Participation (See below)

BID/PROPOSER'S FIRM'S OWNERSHIP White Men 25% 12.6% PRICE: Ethnicity Gender White Women 2% 4.2%

$3,750,000 * See below - Ethnic Minorities 25% 83.2% CONTRACT EQUITY PARTICIPATION

GENDER CONTRACTING PARTICIPATION ESTIMATED COMPANY NAME ETHNICITY AMOUNT White- White- Ethnic Publicly Gov't/Non MW Unclassified Foreign Men Women Minorities Held Corp. Profit PRIMES:

Allied Materials, Inc. $156,250 White X 4.2%

Channa Trucking $156,250 Asian X 4.2%

CIA Trucking $156,250 Asian X 4.2%

Curbside Trucking LLC $156,250 Black X 4.2%

JD Trucking Company $156,250 Black X 4.2%

Darrah Trucking & Excavating, Inc. $156,250 White X 4.2%

Tri Valley Water Trucks, Inc. $156,250 Hispanic X 4.2%

E. M. Blair Trucking $156,250 Black X 4.2%

Gloria Washington Trucking, Inc. $156,250 Black X 4.2%

Hills Trucking $156,250 Black X 4.2%

Ibarra Trucking $156,250 Hispanic X 4.2%

Inder Trucking $156,250 Asian X 4.2%

Total $3,750,000 12.6% 4.2% 83.2% 0.0% 0.0% 0.0% 0.0%

CONTRACTOR'S WORKFORCE PROFILE (From P-025 Form)

White Men White Women Ethnic Minorities Total Employees

No. of Employees

Percent of Total Employees

MSA Labor See Attached P-061 Forms Market %

MSA Labor Market Location COMMENTS

Contract Equity Participation - 12.6% White Men participation, 4.2% White Women participation and 83.2% Ethnic Minority participation.

*Total not to exceed: $10,550,000 = $6,800,000 (Multiple previous amendments) + $3,750,000 (Amendment)

Workforce Profile & Statement of Nondiscrimination Good Faith Outreach Efforts Award Approval Submitted Requirement Satisfied Recommended

NA NA

P-035 - 9/01) Page: 1 of 2 File: 4387A_G CONTRACT EQUITY PROGRAM SUMMARY (P-035) This summary contains information on the contractor's workforce and contract equity participation. (Completed by District) TITLE DATE General Services Agreement Dump Truck Services - One-Year Contract November 4, 2020

CONTRACT EQUITY PARTICIPATION (Continued from page 1)

GENDER CONTRACTING PARTICIPATION ESTIMATED COMPANY NAME ETHNICITY AMOUNT White- White- Ethnic Publicly Gov't/Non MW Unclassified Foreign Men Women Minorities Held Corp. Profit PRIMES:

Jackson Transportation $156,250 Black X 4.2%

Just Because Trucking Inc. $156,250 Hispanic X 4.2%

Mae Trucking $156,250 Black X 4.2%

Royal Trucking / Maintenance $156,250 Black X 4.2%

S & L Enterprises $156,250 Black X 4.2%

S & L Trucking LLC $156,250 White X 4.2%

Sky Rock, Inc. $156,250 Asian X 4.2%

S.M.G. Trucking $156,250 Asian X 4.2%

Sudden Sam's Trucking $156,250 Black X 4.2%

Sunny Motors Transport, Inc. $156,250 Asian X 4.2%

Tom Aiken General Engineering $156,250 White X 4.2%

Wide Area, Inc. $156,250 Black X 4.2%

Total See page 1 for total

P-035 - 9/01) Page: 2 of 2 File: 4387A_G AFFIRMATIVE ACTION SUMMARY (P-061)

(Completed by District)

This summarizes information provided by the contractor(s)' P-025 Form regarding their workforce.

Title: Ethnic Minority Percentages From U.S. Census Data Dump Truck Services - One-Year Contract B H A/PI AI/AN TOTAL National 10.5 10.7 3.7 0.7 27.3

DATE: 9 Bay Area Counties 5.5 16.2 14.2 0.4 39.9 Quote No.: NA 11/4/2020 Alameda/CC Counties 10.7 15.6 15.4 0.5 46.2 R=Recmmd P=Prime Composition of Ownership Number of Ethnic Minority Employees S=Sub

Company Name, Owner/Contact Person, Address, B H A/PI AI/AN TOTAL PERCENT MSA % and Phone Number

RPWW: SBE Company Wide 0 1 0 0 1 100.0% 47.6% Allied Materials, Inc. Manager/Prof 0 1 0 0 1 100.0% Tammi Swafford Technical/Sales 000000.0% 1850 Regency Pkwy. Clerical/Skilled 000000.0% Dixon, CA 95620 Semi/Unskilled 000000.0% Bay Area 0 1 0 0 1 100.0% 39.9% 707-479-6208 Co. Wide MSA: Solano # Employees-Co. Wide: 1 Bay Area: 1 RPEMM: A/PI - L/SBE Company Wide 0 0 1 0 1 100.0% 38.5% Channa Trucking Manager/Prof 0 0 1 0 1 100.0% Charnjit Singh Technical/Sales 000000.0% 2973 Pilar Ridge Drive Clerical/Skilled 000000.0% Bay Point, CA 94565 Semi/Unskilled 000000.0% Bay Area 0 0 0 0 0 0.0% 39.9% 925-567-6291 Co. Wide MSA: Contra Costa # Employees-Co. Wide: 33 Bay Area: 1 RPEMM: A/PI - L/SBE Company Wide 0-0000.0% CIA Trucking Manager/Prof 00.0% Technical/Sales 00.0% 1108 E. Leland Road, Apt. 183 Clerical/Skilled 00.0% Pittsburg, CA 94565 Semi/Unskilled 00.0% Bay Area 0 1 0 0 1 100.0% 39.9% Co. Wide MSA: # Employees-Co. Wide: 1 Bay Area: 1 RPEMM: B - L/SBE Company Wide 1 0 0 0 1 100.0% 53.9% Curbside Trucking LLC Manager/Prof 000000.0% Keith Butler Technical/Sales 000000.0% 4200 Park Blvd., #105 Clerical/Skilled 1 0 0 0 1 100.0% Oakland, CA 94602 Semi/Unskilled 000000.0% Bay Area 1 0 0 0 1 100.0% 39.9% Co. Wide MSA: Oakland # Employees-Co. Wide: 1 Bay Area: 1 RP EMW: B - L/SBE Company Wide JD Trucking Company Manager/Prof Gloria J. Davis Technical/Sales 312 Hunter Ave. Clerical/Skilled INFORMATION NOT PROVIDED Oakland, CA 94603 Semi/Unskilled Bay Area 510-938-7785 Co. Wide MSA: RPWM: L/SBE Company Wide 0 4 2 0 6 50.0% 39.9% Darrah Trucking & Excavating, Inc. Manager/Prof 0 0 1 0 1 25.0% Debbie Robbins Technical/Sales 000000.0% 4495 Pacheco Blvd. Clerical/Skilled 0 1 0 0 1 100.0% Martinez, CA 94553 Semi/Unskilled 0 3 1 0 4 57.1% Bay Area 0 4 2 0 6 50.0% 39.9% 510-993-9363 Co. Wide MSA: Alameda # Employees-Co. Wide: 12 Bay Area: 12 WM=White Male, WW=White Women, EM=Ethnic Minority (Ethnicities: B=Black, H=Hispanic, A/PI=Asian/Pacific Islander, and AI/AN=American Indian/Alaskan Native)

(P-061 - 9/01) Page: 1 of 4 File Name: 4387A_G AFFIRMATIVE ACTION SUMMARY (P-061)

(Completed by District)

This summarizes information provided by the contractor(s)' P-025 Form regarding their workforce.

Title: Ethnic Minority Percentages From U.S. Census Data Dump Truck Services - One-Year Contract B H A/PI AI/AN TOTAL National 10.5 10.7 3.7 0.7 27.3

DATE: 9 Bay Area Counties 5.5 16.2 14.2 0.4 39.9 Quote No.: NA 11/4/2020 Alameda/CC Counties 10.7 15.6 15.4 0.5 46.2 R=Recmmd P=Prime Composition of Ownership Number of Ethnic Minority Employees S=Sub

Company Name, Owner/Contact Person, Address, B H A/PI AI/AN TOTAL PERCENT MSA % and Phone Number

RP EMW: H - L/SBE Company Wide 0 3 1 1 5 41.7% 39.9% Tri Valley Water Trucks, Inc. Manager/Prof 0 1 0 0 1 50.0% Seth Bolyard Technical/Sales 000000.0% 7665 Hawthorn Ave. Clerical/Skilled 0 1 1 1 3 30.0% Livermore, CA 94550 Semi/Unskilled 010000.0% Bay Area 0 3 1 1 5 41.7% 39.9% 925-373-0603 Co. Wide MSA: 9 Bay Area Counties # Employees-Co. Wide: 12 Bay Area: 12 RPEMM: B - L/SBE Company Wide 1 0 0 0 1 100.0% 38.5% E.M. Blair Trucking Manager/Prof 1 0 0 0 1 100.0% Ronald Blair Technical/Sales 000000.0% 2914 Johnson Ave. Clerical/Skilled 000000.0% Richmond, CA 94804 Semi/Unskilled 000000.0% Bay Area 1 0 0 0 1 100.0% 39.9% 510-772-7312 Co. Wide MSA: Contra Costa # Employees-Co. Wide: 1 Bay Area: 1 RPEMW: B - L/SBE Company Wide 4 0 0 0 4 100.0% 38.5% Gloria Washington Trucking, Inc. Manager/Prof 000000.0% Gloria Washington Technical/Sales 000000.0% 525 DeCarlo Ave. Clerical/Skilled 000000.0% Richmond, CA 94801 Semi/Unskilled 4 0 0 0 4 100.0% Bay Area 4 0 0 0 4 100.0% 39.9% 415-298-9431 Co. Wide MSA: Contra Costa # Employees-Co. Wide: 4 Bay Area: 4 RPEMM: B - L/SBE Company Wide Hills Trucking Manager/Prof Abraham Hill Technical/Sales 2337 Babcock Lane Clerical/Skilled INFORMATION NOT PROVIDED Tracy, CA 95337 Semi/Unskilled Bay Area 510-693-7827 Co. Wide MSA: RPEMM: H Company Wide 0 1 0 0 1 100.0% 47.6% Ibarra Trucking Manager/Prof 0 1 0 0 1 100.0% Robert Ibarra Technical/Sales 000000.0% 280 Beston Way Clerical/Skilled 000000.0% Vallejo, CA 94591 Semi/Unskilled 000000.0% Bay Area 0 0 0 0 0 0.0% 39.9% 415-286-0615 Co. Wide MSA: Solano # Employees-Co. Wide: 1 Bay Area: 0 RP EMM: AI/AN Company Wide Inder Trucking Manager/Prof Harinderpal Singh Sidhu Technical/Sales 3 Karly Court Clerical/Skilled INFORMATION NOT PROVIDED American Canyon, CA 94503 Semi/Unskilled Bay Area 925-250-5001 Co. Wide MSA: WM=White Male, WW=White Women, EM=Ethnic Minority (Ethnicities: B=Black, H=Hispanic, A/PI=Asian/Pacific Islander, and AI/AN=American Indian/Alaskan Native)

(P-061 - 9/01) Page: 2 of 4 File Name: 4387A_G AFFIRMATIVE ACTION SUMMARY (P-061)

(Completed by District)

This summarizes information provided by the contractor(s)' P-025 Form regarding their workforce.

Title: Ethnic Minority Percentages From U.S. Census Data Dump Truck Services - One-Year Contract B H A/PI AI/AN TOTAL National 10.5 10.7 3.7 0.7 27.3

DATE: 9 Bay Area Counties 5.5 16.2 14.2 0.4 39.9 Quote No.: NA 11/4/2020 Alameda/CC Counties 10.7 15.6 15.4 0.5 46.2 R=Recmmd P=Prime Composition of Ownership Number of Ethnic Minority Employees S=Sub

Company Name, Owner/Contact Person, Address, B H A/PI AI/AN TOTAL PERCENT MSA % and Phone Number

RP EMM: B Company Wide Jackson Transportation Manager/Prof Alfred Jackson Technical/Sales 1744 Keesler Circle Clerical/Skilled INFORMATION NOT PROVIDED Suisun City, CA 94585 Semi/Unskilled Bay Area 510-213-2642 Co. Wide MSA: RPEMM: H - L/SBE Company Wide 0 1 0 0 1 100.0% 47.6% Just Because Trucking Inc. Manager/Prof 000000.0% Gerardo Velazquez Technical/Sales 000000.0% 9 Sunrise Hill Road Clerical/Skilled 000000.0% Orinda, CA 94563 Semi/Unskilled 010000.0% Bay Area 0 0 0 0 0 0.0% 39.9% Co. Wide MSA: # Employees-Co. Wide: 1 Bay Area: 0 RP EMM: B - L/SBE Company Wide 1 0 0 0 1 100.0% 38.5% Mae Trucking Manager/Prof 1 0 0 0 1 100.0% Kevin Moffett Technical/Sales 000000.0% 268 Heron Dr. Clerical/Skilled 000000.0% Pittsburg, CA 94565 Semi/Unskilled 000000.0% Bay Area 1 0 0 0 1 100.0% 39.9% 925-427-9240 Co. Wide MSA: Contra Costa # Employees-Co. Wide: 1 Bay Area: 1 RPEMM: B - L/SBE Company Wide 1 0 0 0 1 100.0% 53.9% Royal Trucking / Maintenance Manager/Prof 1 0 0 0 1 100.0% Vaughn Royal Technical/Sales 000000.0% P.O. Box 14785 Clerical/Skilled 000000.0% Oakland, CA 94614 Semi/Unskilled 000000.0% Bay Area 1 0 0 0 1 100.0% 39.9% 510-455-0642 Co. Wide MSA: Alameda # Employees-Co. Wide: 1 Bay Area: 1 RPEMM: B - L/SBE Company Wide 1 0 0 0 1 100.0% 46.2% S & L Enterprises Manager/Prof 1 0 0 0 1 100.0% Stanley K. Warren Technical/Sales 000000.0% 79 Covington Dr. Clerical/Skilled 000000.0% Pittsburg, CA 94565 Semi/Unskilled 000000.0% Bay Area 1 0 0 0 1 100.0% 39.9% 925-980-7717 Co. Wide MSA: Alameda/Contra Costa # Employees-Co. Wide: 1 Bay Area: 1 RP WM: LBE Company Wide 0 0 0 0 0 0.0% 38.5% S & L Trucking LLC Manager/Prof 000000.0% Donna Leach Technical/Sales 000000.0% 2226 Jacquelene Dr. Clerical/Skilled 000000.0% Pittsburg, CA 94565 Semi/Unskilled 000000.0% Bay Area 0 0 0 0 0 0.0% 39.9% 925-458-3465 Co. Wide MSA: Contra Costa # Employees-Co. Wide: 1 Bay Area: 1 WM=White Male, WW=White Women, EM=Ethnic Minority (Ethnicities: B=Black, H=Hispanic, A/PI=Asian/Pacific Islander, and AI/AN=American Indian/Alaskan Native)

(P-061 - 9/01) Page: 3 of 4 File Name: 4387A_G AFFIRMATIVE ACTION SUMMARY (P-061)

(Completed by District)

This summarizes information provided by the contractor(s)' P-025 Form regarding their workforce.

Title: Ethnic Minority Percentages From U.S. Census Data Dump Truck Services - One-Year Contract B H A/PI AI/AN TOTAL National 10.5 10.7 3.7 0.7 27.3 9 Bay Area Counties 5.5 16.2 14.2 0.4 39.9 Quote No.: NA DATE: 11/4/2020 Alameda/CC Counties 10.7 15.6 15.4 0.5 46.2 R=Recmmd P=Prime Composition of Ownership Number of Ethnic Minority Employees S=Sub

Company Name, Owner/Contact Person, Address, B H A/PI AI/AN TOTAL PERCENT MSA % and Phone Number

RPEMM: A/IA - LBE Company Wide Sky Rock Inc. Manager/Prof Amritpal Singh Technical/Sales INFORMATION NOT PROVIDED 1852 W. 11th Street, #167 Clerical/Skilled Tracy, CA 95376 Semi/Unskilled Bay Area 925-200-7881 Co. Wide MSA: Alameda/Contra Costa # Employees-Co. Wide: NA Bay Area: NA RPEMM: A/PI - LBE Company Wide 0 0 0 1 1 100.0% 53.9% S.M.G. Trucking Manager/Prof 0 0 0 1 1 100.0% Sapinder S. Grewal Technical/Sales 000000.0% 1610 Lawndale Ave. Clerical/Skilled 000000.0% San Leandro, CA 94579 Semi/Unskilled 000000.0% Bay Area 0 0 0 1 1 100.0% 39.9% 510-715-7479 Co. Wide MSA: Alameda # Employees-Co. Wide: 1 Bay Area: 1 RP EMM: B - L/SBE Company Wide 1 1 0 0 2 100.0% 53.9% Sudden Sam's Trucking Manager/Prof 1 1 0 0 2 100.0% Samuel E. Johnson Technical/Sales 000000.0% 272 Euclid Ace., #105 Clerical/Skilled 000000.0% Oakland, CA 94610 Semi/Unskilled 000000.0% Bay Area 1 0 0 0 1 50.0% 39.9% 510-385-8594 Co. Wide MSA: Alameda # Employees-Co. Wide: 2 Bay Area: 2 RP EMM: AI/AN - LBE Company Wide 0 1 0 7 8 100.0% 38.5% Sunny Motors Transport, Inc. Manager/Prof 0 0 0 2 2 100.0% Sanveer Garcha Technical/Sales 010000.0% 1438 Santa Teresa Dr. Clerical/Skilled 000000.0% Pittsburg, CA 94565 Semi/Unskilled 000500.0% Bay Area 0 1 0 7 8 100.0% 39.9% 925-822-4836 Co. Wide MSA: Contra Costa # Employees-Co. Wide: 8 Bay Area: 8 RP WM: L/SBE Company Wide 0 0 0 0 0 0.0% 38.5% Tom Aiken General Engineering Manager/Prof 000000.0% Tom Aiken Technical/Sales 000000.0% 95 Pastor Lane Clerical/Skilled 000000.0% Knightsen, CA 94548 Semi/Unskilled 000000.0% Bay Area 0 0 0 0 0 0.0% 39.9% 925-628-6408 Co. Wide MSA: Contra Costa # Employees-Co. Wide: 1 Bay Area: 1 RP EMM: B - L/SBE Company Wide 1 0 0 0 1 100.0% 53.9% Wide Area, Inc. Manager/Prof 000000.0% Ronald Camese Technical/Sales 000000.0% 1485 Bayshore Blvd. Clerical/Skilled 000000.0% Oakland, CA 94614 Semi/Unskilled 100000.0% Bay Area 1 0 0 0 1 100.0% 39.9% 510-593-3072 Co. Wide MSA: Alameda # Employees-Co. Wide: 1 Bay Area: 1 WM=White Male, WW=White Women, EM=Ethnic Minority (Ethnicities: B=Black, H=Hispanic, A/PI=Asian/Pacific Islander, and AI/AN=American Indian/Alaskan Native)

(P-061 - 9/01) Page: 4 of 4 File Name: 4387A_G

AGENDA NO. MEETING DATE November 10, 2020

TITLE AMEND WASTEWATER SATELLITE FIELD SERVICES PROJECT

 MOTION  RESOLUTION  ORDINANCE

RECOMMENDED ACTION

Authorize an amendment to the agreement previously authorized under Board Motion No. 181-16 with National Plant Services, Inc. (NPS) to increase the agreement amount by $500,000 to a total amount not to exceed $3,500,000 and extend the agreement term to October 31, 2022 for flow monitoring and related services for the Satellite Field Services Project in support of the East Bay communities’ infiltration and inflow (I&I) reduction activities in their collection systems. The agreement costs will be reimbursed to the District by the participating Satellite agencies.

SUMMARY

The District has used NPS since 2016 to provide as-needed services for the six participating Satellite agencies (Alameda, Albany, Berkeley, Emeryville, Piedmont, and Stege Sanitary District) as they work collectively to reduce I&I in the regional wastewater collection system and comply with the federal 2014 Wet Weather Consent Decree with the U.S. Environmental Protection Agency. An amendment to the agreement is needed to continue providing the Satellite agencies with services, such as sewer main cleaning, smoke testing, closed circuit television inspections, and root foaming (to kill roots in sewer lines).

The Satellite agencies requested the agreement be extended through October 31, 2022, to provide cost certainty and savings for planned work as the extension would allow for uninterrupted work through next year’s dry season. All costs associated with the work will be reimbursed to the District by the participating Satellite agencies receiving the services.

DISCUSSION

The work requested will assist the Satellite agencies in meeting the objectives of the Wet Weather Consent Decree, through the identification and reduction of I&I entering the sanitary sewer system as well as a reduction in the number of sanitary sewer overflows. The services under this agreement support the District’s Water Quality and Environmental Protection Strategic Plan goal.

Funds Available: FY21 Budget Code: ICO/952/1015298/6120/5231

DEPARTMENT SUBMITTING DEPARTMENT MANAGER or DIRECTOR APPROVED

Wastewater

Eileen M. White General Manager

Contact the Office of the District Secretary with questions about completing or submitting this form.

BD1_PS_0718 Amend Wastewater Satellite Field Services Project November 10, 2020 Page 2

SUSTAINABILITY

Economic

Funding for this item is provided by the Satellite agencies; no District funds are expended with this agreement.

Social

The completed P-035 and P-061 forms for the Contract Equity Program are attached.

Work under this agreement is subject to the payment of current prevailing wages according to determinations for each craft as established by the Director of Industrial Relations of the State of California.

Environmental

The work completed as part of this agreement will help the Satellite agencies reduce non-waste flows within the regional wastewater collection system, thereby reducing utilization of the District’s three wet weather facilities and discharges of partially treated wastewater to San Francisco Bay.

ALTERNATIVES

Do not amend the agreement. This alternative is not recommended as the Satellites requested the amendments to allow for them to complete necessary work during next year’s dry season.

Issue a new request for proposals. This alternative is not recommended as it would delay the Satellites’ ability to implement planned work in a cost-effective manner. A new request for proposals is planned following the completion of the upcoming work.

Attachments

P-035 – Contract Equity Program Summary P-061 – Affirmative Action Summary

I:\Sec\2020 Board Related Items\111020 Board Agenda Items\WW – Amend Wastewater Satellite Field Services Project.doc

CONTRACT EQUITY PROGRAM SUMMARY (P-035) This summary contains information on the contractor's workforce and contract equity participation. (Completed by District)

TITLE DATE: Professional Services Agreement - Amendment Amend Wastewater Satellite Field Services Project - One-Year Contract October 28, 2020

CONTRACTOR: PERCENTAGE OF CONTRACT DOLLARS

National Plant Services, Inc. Availability Group Contracting Objectives Participation Long Beach, CA 90813

BID/PROPOSER'S FIRM'S OWNERSHIP White Men 25% 50.0% PRICE: Ethnicity Gender White Women 6% 25.0%

$500,000 * White Women Ethnic Minorities 25% 25.0% CONTRACT EQUITY PARTICIPATION GENDER CONTRACTING PARTICIPATION ESTIMATED COMPANY NAME ETHNICITY AMOUNT White- White- Ethnic Publicly Gov't/Non MW Unclassified Foreign Men Women Minorities Held Corp. Profit PRIME:

National Plant Services, Inc. $125,000 White X 25.0%

SUBS: Yerba Buena Engineering & $125,000 Hispanic X 25.0% Construction

Duke's Root Control, Inc. $125,000 White X 25.0%

Providence Infrastructure Consultants $125,000 White X 25.0%

TOTAL $500,000 50.0%25.0% 25.0% 0.0% 0.0% 0.0% 0.0% CONTRACTOR'S WORKFORCE PROFILE (From P-025 Form) White Men White Women Ethnic Minorities Total Employees

No. of Employees: 10 2 31

Percent of Total Employees: 23.3% 4.7% 72.1% 43

MSA Labor Market %: 22.8% 23.6% 48.4%

MSA Labor Market Location: California COMMENTS

Contract Equity Participation - 50% White Men participation, 25% White Women participation and 25% Ethnic Minorities participation.

*Total not to exceed: $3,500,000 = $3,000,000 (Original) + $500,000 (Amendment)

Workforce Profile & Statement of Nondiscrimination Good Faith Outreach Efforts Award Approval Submitted Requirement Satisfied Recommended NA NA

(P-035 - 7/11) Page: 1 of 1 File: PS - 4393A_P AFFIRMATIVE ACTION SUMMARY (P-061)

(Completed by District)

This summarizes information provided by the contractor(s)' P-025 Form regarding their workforce.

Title: Ethnic Minority Percentages From U.S. Census Data Amend Wastewater Satellite Field Services B H A/PI AI/AN TOTAL Project - One-Year Contract National 10.5 10.7 3.7 0.7 27.3

Professional Services Agreement - DATE: 9 Bay Area Counties 5.5 16.2 14.2 0.4 39.9 Amendment 10/3/2016 Alameda/CC Counties 10.7 15.6 15.4 0.5 46.2 R=Recmmd P=Prime Composition of Ownership Number of Ethnic Minority Employees S=Sub

Company Name, Owner/Contact Person, Address, B H A/PIAI/AN TOTAL PERCENT MSA % and Phone Number

RPWW Company Wide 4 24 1 0 29 67.4% 48.4% National Plant Services, Inc. Manager/Prof 000000.0% Marcie Hemmelstein Technical/Sales 0 1 1 0 2 50.0% 1461 Harbor Avenue Clerical/Skilled 0 6 0 0 6 85.7% Long Beach, CA 90813 Semi/Unskilled 4 17 0 0 21 75.0% Bay Area 0 0 0 0 0 0.0% 39.9% 562-436-7600 AA Plan on File: NA Date of last contract with District: 2/23/2017 Co. Wide MSA: California # Employees-Co. Wide: 43 Bay Area: 1 SEMM:H - SBE Company Wide Yerba Buena Engineering & Construction Manager/Prof Miguel Galarza Technical/Sales 1340 Egbert Avenue Clerical/Skilled INFORMATION NOT PROVIDED San Francisco, CA 94124 Semi/Unskilled Bay Area 415-822-4400 Co. Wide MSA: SWM Company Wide Duke's Root Control, Inc. Manager/Prof Bill Anderson Technical/Sales 1020 Hiawatha Blvd. West Clerical/Skilled INFORMATION NOT PROVIDED Syracuse, NY 13204 Semi/Unskilled Bay Area 315-472-4781 Co. Wide MSA: SWM Company Wide Providence Infrastructure Consultants Manager/Prof Mark Wade, P.E. Technical/Sales 1425 Oread West, Suite 102 Clerical/Skilled INFORMATION NOT PROVIDED Lawrence, KS 66049 Semi/Unskilled Bay Area 785-832-2300 Co. Wide MSA:

PWW: L/SBE Company Wide 1 0 1 0 2 33.3% 39.9% Total Flow Manager/Prof 000000.0% Jodi S. Blum Technical/Sales 1 0 1 0 2 50.0% 23520 Foley Street, Unit B Clerical/Skilled 000000.0% Hayward, CA 94545 Semi/Unskilled 000000.0% Bay Area 1 0 1 0 2 33.3% 39.9% 510-774-9223 Co. Wide MSA: 9 Bay Area Counties # Employees-Co. Wide: 6 Bay Area: 6 WM=White Male, WW=White Women, EM=Ethnic Minority (Ethnicities: B=Black, H=Hispanic, A/PI=Asian/Pacific Islander, and AI/AN=American Indian/Alaskan Native)

(P-061 - 7/11) Page: 1 of 1 File: PS - 4393A_P EAST BAY MUNICIPAL UTILITY DISTRICT

DATE: November 10, 2020

MEMO TO: Board of Directors

FROM: Clifford C. Chan, General Manager

SUBJECT: Cancel the December 22, 2020 Meetings of the Board of Directors

The Board of Directors has traditionally cancelled the Board Committee, Closed Session, and Regular meetings scheduled for the fourth Tuesday in December, provided it did not adversely impact the operations of the District, to accommodate planned vacations of Directors and staff. This action would provide an opportunity for a vacation period from December 9, 2020 through January 11, 2021.

The first Board meetings after the break would be held on Tuesday, January 12, 2021.

CCC:rsc

I:SEC/2020 Board Related Items/111020 Board Related Items/OGM – Cancel 122220 Board Mtgs.docx This page is intentionally left blank.

AGENDA NO. MEETING DATE November 10, 2020

TITLE RENEWAL AND EXTENSION TO THE EXCLUSIVE NEGOTIATION AGREEMENT FOR THE OAKPORT PROPERTY LEASE

MOTION RESOLUTION  ORDINANCE

RECOMMENDED ACTION

Adopt a resolution to approve an 18-month renewal and extension to the Exclusive Negotiation Agreement (ENA) between the District and K to College, d.b.a. SupplyBank.Org (SBO), previously approved by Board Resolution No. 35104-18, to renew the ENA and extend its term to February 23, 2022.

SUMMARY

The District entered into an ENA with SBO in 2018 for the development of significant improvements at the District’s Oakport Property. These improvements include a new warehouse and office facility supporting local non-profit agencies. Benefits to the District include a new building and warehouse, and site improvements built and paid for by SBO. The ENA provided SBO 24 months to complete the California Environmental Quality Act (CEQA) process, as well as obtain all necessary permits from the City of Oakland (Oakland). The ENA expired in July 2020, but SBO’s work on the CEQA process and permits has not been completed due to the complexity of the project. In order to complete the CEQA process and obtain permits to support the proposed improvements, SBO is requesting an 18-month extension to the ENA.

DISCUSSION

SBO is a non-profit charity organization “like a food bank, but for supplies” such as diapers and school supplies. The proposed transaction would allow SBO to lease three to four acres of the District’s Oakport property to build a 60,000-square foot warehouse and a 100,000-square foot office building. These structures would serve SBO, non-profit organizations, and several other charities in need of affordable offices and warehouse space.

As a form of lease payment, SBO is proposing to design and construct (at its own expense) an approximately 64,000-square foot warehouse on the Oakport property, which would contain 10,000 square feet of office space. This building would provide the District with needed office, training, and

Funds Available: FY21 Budget Code: 115-8712-5316

DEPARTMENT SUBMITTING DEPARTMENT MANAGER or DIRECTOR APPROVED

Customer and Community Services

Andrew L. Lee General Manager

Contact the Office of the District Secretary with questions about completing or submitting this form.

Renewal and Extension to the Exclusive Negotiation Agreement for the Oakport Property Lease November 10, 2020 Page 2 storage space to support the District’s Pipeline Rebuild and maintenance programs. In addition to the warehouse and office building, SBO’s improvements will also include an approximately 10,000-square foot light industrial building, approximately one acre of improved area for pipe storage, and approximately one acre of paved area for truck and heavy equipment parking for the District.

Project design is nearing completion. In order to break ground, SBO must complete the remaining CEQA process and obtain the necessary permits from Oakland. SBO has contracted with consultants to support the CEQA work. Although SBO has made substantial progress, an extension to the ENA is needed to complete the remaining CEQA process and navigate Oakland’s permitting process.

This project supports the District’s Long-Term Infrastructure Investment Strategic Plan goal.

SUSTAINABILITY

Economic

Renewing and extending the ENA has no economic impact on the District.

Social

Renewing and extending the ENA would allow SBO to continue developing the project, which will support Bay Area non-profit and charity organizations by providing them affordable office and warehouse space. This project will also allow SBO to distribute basic necessities to people throughout local communities and the state from a strategic location.

Environmental

The lease agreement, which must be approved by the Board, would comply with CEQA and would include any mitigations deemed necessary for CEQA approval.

ALTERNATIVE

Do not renew and extend the ENA. This alternative is not recommended because the District would be unable to continue exploration of this beneficial project, nor complete the lease negotiation process.

Attachment

I:\Sec\2020 Board Related Items\111020 Board Agenda Items\CCS - Oakport ENA Extension

ATTACHMENT

Oakport Wet Weather Facility

Site of the Future Oakport Development by SupplyBank.org

SupplyBank.org Lease Area (3.5 acres)

This page is intentionally left blank.

ITEM 9

CORONAVIRUS UPDATE

WILL BE PROVIDED AS AN ORAL REPORT

This page is intentionally left blank. EAST BAY MUNICIPAL UTILITY DISTRICT

DATE: November 10, 2020

MEMO TO: Board of Directors

THROUGH: Clifford C. Chan, General Manager

FROM: Laura A. Acosta, Manager of Human Resources

SUBJECT: Racial Equity and Justice and Diversity and Inclusion Master Plan Projects Update

SUMMARY

This memo provides an update on the District’s Racial Equity and Justice (REJ) and Diversity and Inclusion Master Plan (DIMP) projects. This information will be presented at the November 10, 2020 Board of Directors meeting.

DISCUSSION

The REJ Project addresses the eight strategies identified in the District’s Board Resolution No. 35190-20. The strategies have been divided into three phases that will take place through 2022. The strategies are interrelated with and inclusive of actions that will be developed in the DIMP. Additionally, staff will incorporate feedback from the Board of Directors and Steering Committee on desired outcomes by mapping those to the strategies listed in the resolution.

Since the October 13, 2020 update to the Legislative/Human Resources Committee, staff and The Winters Group, Inc. have completed the following:

• Strategy 1 - Listening to the Voices of Black and African Americans and Other Impacted Individuals. The task force finalized their initial recommendations and reported out to the Steering Committee on November 3, 2020. Next steps include:

o Train Affinity Group leaders and District Advocates with basic facilitation, influence, listening, and validation skills to equip and empower them to co-facilitate listening sessions. o Conduct active listening sessions with all Affinity Groups, and at remote locations, with an emphasis on understanding the work climate and identifying their most significant challenges with inclusion. o Initiate the process for a bi-annual employee engagement survey which will provide an opportunity to hear from all employees. The bi-annual process will be supplemented with periodic surveys for employees to provide more frequent feedback. The five areas of engagement are: Racial Equity and Justice and Diversity and Inclusion Master Plan Projects Update Board of Directors Meeting November 10, 2020 Page 2

o Opportunity and Purpose – Do employees believe they have opportunities to contribute something important to the organization? o Accountability and Expectations – Do employees understand what is expected of them, and what they are accountable for? Do they observe leadership modeling those same expectations? o Connectedness and Belonging – Do employees feel connected with each other with a focus on mutual interest and shared responsibility? o Inclusion – Do employees feel well informed, involved, and have a voice in their teams or workgroups? o Recognition and Validation – Do employees feel their contributions matter and they are valued in the organization?

• Strategy 6 - Establish Protocols for Responding to Racism Targeted at District Employees. The task force finalized their initial recommendations and reported out to the Steering Committee on November 3, 2020. The team is formalizing employee protocols and preparing employee and customer educational materials. Recommendations include the following:

o Support employees that interact with customers through training on engagement, de-escalation, and reporting protocols in the event of a racially-motivated event. o Update protocols and methods for District investigation of incidents. o Post-incident support for employees including Employee Assistance Program services, leadership engagement, consultation with District Security or Office of General Counsel (not for legal advice but clarification of the situation and any required processes).

• Strategies 7 and 8 - Review of District Security Protocols and Engagement of Law Enforcement Agencies. Staff has initiated conversations with various law enforcement agencies. The task force members have been selected and the first meeting will be held in November.

• The Winters Group, Inc. initiated the second phase of training for the Core Team and Senior Management Team (SMT). The training includes three sessions that explore issues around building racial equity within organizations. The first session, Creating a Foundation for Racial Equity, was delivered to the core team in two half-day sessions on October 27 and 29. The core team will participate in session two, Elevating Understanding and Identifying Opportunities to implement Racial Equity, in December, and session three, Developing a Racial Equity Plan, in January 2021.

• The SMT training will take a different approach by beginning with the Developing a Racial Equity Plan session, on November 18, 2020, with sessions one and two following in December and January. This session will prepare the SMT to provide leadership for the core team and all employees through the Diversity, Equity and Inclusion planning process.

Racial Equity and Justice and Diversity and Inclusion Master Plan Projects Update Board of Directors Meeting November 10, 2020 Page 3

• Staff has begun the redesign of the state-mandated SB 1343 (Sexual Harassment Prevention) training to integrate racial equity, emotional intelligence, and District values concepts. The goal is to move this training beyond compliance and begin the process of addressing the organizational climate and culture that supports inclusion and belonging.

NEXT STEPS

In the next month, staff will work on the following action items:

• Begin implementation of recommendations from the Strategy 1 and Strategy 6 Task Forces. • Launch Strategies 7 and 8 as part of phase two implementation. The task force will develop a charter identifying the scope of work for both strategies. The first task force meeting is scheduled in November. • Continue coordination with The Winters Group, Inc. on employee focus groups and core team and SMT training. • Continue to update and seek direction from the Board.

CCC:LAA:rdw

I:\SEC\2020 Board Related Items\Board Packets 2020\111020 Board Meeting\HRD\Racial Equity and Justice.docx

This page is intentionally left blank. EAST BAY MUNICIPAL UTILITY DISTRICT

DATE: November 10, 2020

MEMO TO: Board of Directors

FROM: Clifford C. Chan, General Manager

SUBJECT: Monthly Report – October 2020

HIGHLIGHTS

In October, the District responded to a PG&E Public Safety Power Shutoff (PSPS) event that affected many District facilities. The PSPS event began on October 25 and concluded October 27, and affected 96 District facilities including the Orinda Water Treatment Plant, 33 pumping plants, and 32 local water storage tanks. Three additional pumping plants lost power after high winds damaged PG&E electrical lines outside of the PSPS area. One upcountry facility was also de-energized. The Lafayette and San Pablo Recreation areas were closed during the event and re-opened on October 27. The District continued to deliver water and wastewater services without interruption. The District proactively communicated with customers through various means and asked customers in affected pressure zones to minimize water use to extend water supplies.

In October, the District received The Government Finance Officers Association’s (GFOA) Award for Excellence for its Fiscal Years 2020 and 2021 Budget-in-Brief publication. The GFOA’s website link is: https://www.gfoa.org/award-for-excellence.

On October 19, the District re-opened walk-up window service at the Lafayette Reservoir Recreation Area Visitor Center. Park visitors may renew or purchase annual parking passes in person. The Visitor Center had been closed since March 17 due to COVID-19 restrictions.

WATER SUPPLY

San Ramon Valley recycled water customer retrofit update. On October 12, a retrofit agreement was finalized with the Crow Canyon Country Club (CCCC) to retrofit CCCC’s site to receive approximately 160,000 gallons per day of recycled water. CCCC also signed an agreement with PG&E, for approximately $83,000, to upgrade the electrical facilities serving the golf course, so the site can accommodate one main recycled water pump station. On October 19, retrofit construction activities commenced. Construction work is expected to be completed by March 2021.

Board of Directors Monthly Report – October 2020 Page 2

Residential Recycled Water Fill Station Pilot Project update. In October, the pilot was extended two additional weeks (originally scheduled to end September 29). During the pilot extension, an additional 1,383 gallons of recycled water was distributed. A total of 2,883 gallons of recycled water was distributed during the pilot.

Rossmoor Satellite Recycled Water Project update. On October 20, staff met with Rossmoor Walnut Creek (Rossmoor) to receive an update on the proposed project. The project includes a satellite plant to divert wastewater from the sewer and process it through a membrane bioreactor system to generate irrigation water for the golf courses in Rossmoor. The satellite plant would supply 255 acre feet per year of recycled water. Next steps include negotiating a three-party memorandum of understanding between Central Contra Costa Sanitary District, Rossmoor’s governing board (Golden Rain Foundation), and the District.

Precipitation. There was no East Bay precipitation for October and the season total was 0.04 inches (2 percent of average). The Mokelumne precipitation for October was 0.01 inches (0 percent of average) and the season total is 0.33 inches (8 percent of average).

Water Releases

Camanche Reservoir. The average rate of Camanche release for October was 327 cfs (114 cfs generation, 192 cfs sluice, and 21 cfs through the hatchery), and the average flow below Woodbridge Dam was 180 cfs, both in accordance with the Joint Settlement Agreement "Below Normal" criteria.

East Bay Reservoirs. There were no East Bay reservoir releases in October.

Water Storage

Mokelumne reservoirs storage is 104 percent of average. As of October 31, 2020, Pardee was at 559.7 feet or 109 percent of average, and the Camanche was at 212.9 feet or 101 percent of average. Combined Pardee and Camanche reservoir storage was 451,000 acre-feet compared to 483,000 acre-feet last year.

East Bay reservoirs storage is 100 percent of average. As of October 31, 2020, USL was at 449.8 feet or 123 percent of average, San Pablo was at 291.1 feet or 85 percent of average, and Briones was at 560.4 feet or 98 percent of average. Total terminal reservoir storage was 112,000 acre-feet compared to 120,000 acre-feet last year.

Mokelumne Aqueducts and Raw Water Pumping Plants. The average rate of Mokelumne Aqueduct draft for October 2020 was 175 MGD. Walnut Creek, Moraga, and Briones Raw Water Pumping Plants remained out of service for the month.

Board of Directors Monthly Report – October 2020 Page 3

Water Production. Average rate of gross water production for October:

Average of October 2020 October 2019 October 2013 FY 2005-2007 East of Hills 60 MGD 56 MGD 63 MGD 64 MGD West of Hills 126 MGD 126 MGD 136 MGD 155 MGD Total 186 MGD 182 MGD 199 MGD 219 MGD Max Day 203 MGD 195 MGD 220 MGD Production (10/1/2020) (10/7/2019) (10/7/2013) Note: Data are all from preliminary daily operational reports and are subject to revision

WATER QUALITY AND ENVIRONMENTAL PROTECTION

In October, four pulse flows were released from Camanche Dam. Pulses occurred on October 6, 12, 19, and 26, with a peak magnitude between 565 and 645 cubic feet per second. The pulse flows were conducted to attract migrating salmon to the Mokelumne River. The total amount of water released for fish attraction pulse flows was 4,000 acre-feet.

In October, seasonal salmonid field monitoring was conducted on the Mokelumne River. On October 2, the start of the 2020/21 field season, the first Chinook salmon of the season was observed passing the Woodbridge Irrigation District Dam. As of October 31, a total of 1,142 salmon have been observed passing the dam.

All authorized discharges from the Main Wastewater Treatment Plant (MWWTP) were in compliance with the permit limits for the month of October. This is the 254th consecutive month that the MWWTP experienced no exceedances.

The District received no odor complaints from the public in October.

INFRASTRUCTURE INVESTMENT

In October, staff completed a pipeline replacement project in the Appian Way area in Pinole. The project replaced asbestos cement pipe with approximately 650 feet of 6-inch structurally enhanced polyvinyl chloride pipe.

In October, staff began a pipeline replacement project in the Grand View Drive area in Oakland. This project will replace cast iron pipe with approximately 2,800 feet of 8-inch mortar- lined, plastic coated steel pipe. This project is expected to be completed in January 2021.

In October, staff began a pipeline replacement project in the Everett Street area in El Cerrito. This project will replace cast iron pipe with approximately 3,900 feet of 6-inch structurally enhanced polyvinyl chloride pipe. This project is expected to be completed in March 2021.

Board of Directors Monthly Report – October 2020 Page 4

In October, staff completed the design of the Point Isabel Distributed Control System (DCS) Remote Input/Output (I/O) Addition Project under SD-421. This $400,000 project includes replacement of instrumentation and control wires and conduits, expansion of remote I/O modules in the DCS cabinet, and replacement or repair of five fiberglass-reinforced doors in the chlorination/dechlorination process area at the Point Isabel Wet Weather Facility. The new equipment will improve reliability and eliminate potentially hazardous conditions for staff. Construction is expected to be completed in March 2022.

Mains repaired in October totaled 130. The attached table lists the mains repaired by staff in October, sorted by city and street. The table indicates the source of the leaks in three categories: non-surfacing leaks discovered by leak detection technologies; breaks caused by contractors or other agencies; and all other main breaks. The associated map shows the location of the main repairs.

CUSTOMER AND COMMUNITY SERVICES

On October 1, staff met with Central Contra Costa Sanitary District (CCCSD) to coordinate construction activities to minimize community disruption and negotiate cost- sharing paving agreements. As a result, the District will expedite pipeline replacement on Grover Lane and Santa Rita Drive in Walnut Creek before CCCSD’s sewer rehabilitation project is scheduled to start in April 2021.

On October 5, staff presented at the virtual Water Environment Federation Technical Conference. The presentation highlighted the challenges of operating and maintaining the District’s three major water recycling plants while adapting to changes in the source water quality.

On October 6, staff participated in the wastewater session of the Bay Regional Monitoring Program Annual Meeting. Topics included nutrient management, monitoring coronavirus in wastewater, and chemicals in wastewater and San Francisco Bay. Approximately 300 people attended.

On October 8, staff presented at the Earthquake Resilience Webinar for Water and Wastewater Utilities in Northern California. The presentation highlighted the steps taken to evaluate, plan for, and mitigate seismic threats. Approximately 150 people attended.

On October 10-11, the District sponsored the Bay Area UNLEASH Hacks virtual event. This event focused on developing solutions for homelessness in the Bay Area. Teams of students and young professionals completed an intensive two-day workshop to develop solutions to specific problems. Staff volunteered as experts and judges, and promoted the event on social media. This event is part of a global initiative based on United Nations Sustainable Development Goals.

Board of Directors Monthly Report – October 2020 Page 5

On October 16, the District concluded its 4th Annual Coastal Cleanup. Staff modified the cleanup event for pandemic conditions. Typically a one-day event in September, this year’s cleanup was extended to a six-week period in September and October. Staff and volunteers collected litter and recyclables from their neighborhoods, streets, and parks, and submitted photos of their efforts to the Coastal Cleanup organizers. Employees demonstrated environmental stewardship and showcased the District’s Pollution Prevention Program messaging, “A Clean Bay Begins with You.” Approximately 115 people attended.

On October 19-22, staff presented at the virtual California Water Environment Association (CWEA) Annual Conference and Expo 2020. The presentations highlighted flow monitoring for inflow/infiltration control related to the Consent Decree, source control for trucked wastes impacting the District’s Resource Recovery Program, resource recovery efforts by a micro- brewery, and the Third Street Interceptor Rehabilitation Project in Oakland. Approximately 1,000 people attended.

On October 20, staff met with Phillips 66 Refinery (Phillips 66) to continue discussions regarding the Crockett Aqueduct Pipelines in Rodeo. Staff discussed the draft terms and conditions to address the encroachments, agreement violations, and public health and safety hazard concerns to the existing 24-inch and 48-inch pipelines. Staff reiterated the need for Phillips 66 to remediate all contaminated soil within the District’s property to create a clean utility corridor for the existing pipelines, and potential language to address penalties if Phillips 66 does not follow through with the terms of the agreement. Staff will continue to meet with Phillips 66 to reach an agreement.

On October 21, staff presented at the virtual J. P. Morgan’s Public Finance Transportation & Utility Investor Forum. The presentation topics included an overview of the District, impacts of COVID-19, preparation for wildfires, capital planning, and the current approach to refinancing opportunities for existing debt.

On October 21, staff met with Sutter Health Herrick Campus regarding the upcoming pipeline replacement work on Dwight Way and Milvia Street in Berkeley.

On October 27, staff met with the City of San Pablo to coordinate construction activities. The agencies shared information on upcoming work focused on maintenance, construction and paving.

Media. Diablo Magazine published a piece on the impacts of fire and drought in the East Bay, highlighting EBMUD’s long-term plans to respond to climate change and efforts to diversify water supply sources. KCBS ran a piece on the impacts of wildfires on water quality. Bay Area News Group (East Bay Times/Mercury News) did a brief story about the October 12th gas leak at 39th Avenue in Oakland. Lamorinda Weekly mentioned EBMUD land regarding CalShakes. The Daily Californian covered the main break on Martin Luther King Jr. Way in Berkeley.

Board of Directors Monthly Report – October 2020 Page 6

The Calaveras Enterprise highlighted EBMUD’s scholarship support for high school students who wrote winning essays on the value of water. My Motherlode.com featured an article about EBMUD’s corrosion control practices.

On October 23, after a public safety power shutoff (PSPS) warning, media interviewed staff on EBMUD PSPS preparations to ensure reliable water delivery. On October 24, staff issued a media advisory to Bay Area media outlets advising of East Bay trail and recreation closures due to risky fire conditions. Stories ran on KTVU2, KNTV11, KRON4, KGO, KQED, KCBS, and in the SF Gate, and the San Francisco Chronicle.

Social Media:

Increase Social Impression # Popular Topic Over Last Platform Generation Followers Month Twitter Value of Water 1,700 3,305 55 Employee Profile and Virtual Orinda Facebook 1,700 1,361 19 Water Treatment Plant Tour Water Professionals Appreciation LinkedIn 1,220 5,876 99 Week

Nextdoor Public Safety Power Shutoff Update Distribution to 49 neighborhoods

Staff conducted public outreach to neighbors and interested parties on the following projects:

• Bayfair, South and Peralta Pumping Plant Project (Oakland/San Leandro) • Grand View Cluster Pipeline Replacement Project (Oakland) • Maloney Pumping Plant and Sobrante Water Treatment Plant Improvements Project (El Sobrante) • Mira Vista Avenue Pipeline Replacement Project (Oakland) • Oregon Street Pipeline Replacement Project (Oakland) • Panoramic Hill Improvements Project (Berkeley/Oakland) • San Pablo Clearwell Replacement (Kensington) • Westside Pumping Plant Replacement Project (Orinda) • Wildcat Pipeline Project (Berkeley)

Board of Directors Monthly Report – October 2020 Page 7

Contract Equity

Staff participated in the following business community events:

• October 2 - American Indian Chamber of Commerce, California Investigating Opportunities with Wells Fargo - Focus on Construction And Facilities, Virtual – 27 attended • October 8 - Chinese for Affirmative Action, 51st Anniversary Celebration of Justice, Virtual – 1,200 attended • October 13 - American Indian Chamber of Commerce, Corporate Advisory Council Meeting, Virtual – 20 attended • October 14-16 - California Hispanic Chamber of Commerce, 2020 Annual Convention - “Momentum,” Virtual – 1,800 attended • October 16 - Women Construction Owners & Executives, USA – California, Networking and Discussion on Construction Delay Claims, Virtual – 19 attended

Water Conservation

On October 2, staff presented at Richmond’s Hilltop Homeowners Association meeting (HOA) and Walnut Creek’s Oak Creek HOA meeting. The presentation highlighted best practices for troubleshooting irrigation systems to improve water efficiency and achieving the goal of the recommended irrigation water budgets. Approximately five people attended each meeting.

On October 5, the District virtually hosted the Landscape Advisory Committee’s General meeting. Staff provided information on the District’s conservation programs and projects, current water supply outlook and water demand levels, and upcoming events. The group discussion included an eco-regional approach to plant recommendations and community lists of benefits of year-round pollinators. Approximately150 people attended.

On October 8, the District hosted the fourth in a five-part webinar series on “Graywater: Laundry-to-Landscape Systems.” The webinar focused on graywater laundry-to-landscape systems, their benefits, and the District’s rebate programs, along with a basic overview of how to install and maintain a laundry-to-landscape setup. Approximately 155 people attended.

On October 15, the District hosted the fifth and last in a five-part webinar series on “Big Gardens in Small Spaces.” The webinar provided an overview of how to create big gardens in small spaces and resources for residents who are interested in water-wise gardening. Approximately 100 people attended.

On October 17, staff presented at El Sobrante’s Casa del Valle Homeowners Association meeting. The presentation highlighted waterwise gardening benefits, key steps to lawn conversion, sheet mulching, plant selection and irrigation. Approximately 10 people attended.

Board of Directors Monthly Report – October 2020 Page 8

WORKFORCE PLANNING AND DEVELOPMENT

On October 13, an employee suffered a serious injury. The employee, who suffered a partial amputation of a finger, received medical care at a hospital. As required, the injury was immediately reported to the Division of Occupational Safety and Health (Cal/OSHA). An incident investigation is ongoing and Cal/OSHA is likely to perform its own investigation.

Staff participated in events/activities that support the District’s long-term efforts to develop a diverse pipeline of candidates for future workforce needs and expand collaborative relationships with local partner organizations:

• October 6, staff participated on a virtual panel on women in water and power working on the frontlines, a webinar sponsored by the California Water Environmental Association and BAYWORK. The panel discussed the challenges and opportunities for women pursuing careers in water/wastewater industry operations and provided inspiration and tips for success from personal experiences. Approximately 50 people attended.

• October 8, staff participated on a virtual panel on veterans in water who keep serving the community, a webinar sponsored by the California Water Environmental Association and BAYWORK. The panel discussed the challenges and opportunities for military veterans pursuing careers in the water/wastewater industry and provided inspiration and tips for success from personal experiences. Approximately 50 people attended.

• October 9, staff participated in San Francisco State University’s Fall 2020 Science, Technology, Engineering and Mathematics (STEM) virtual Career Fair. Staff provided information on District careers in engineering, information technology and trades. Approximately 30 people attended.

• October 19, staff participated in Santa Clara University Society of Women Engineers’ virtual Networking Night. Staff provided information related to engineering and information technology career pathways and the benefits of working at the District. Approximately 15 people attended.

• October 22, staff participated in the University of California (UC) Davis Civil Engineering’s virtual Career Fair. Staff provided information on water and wastewater engineering career pathways, and the District’s online application and civil service recruitment processes. Approximately 25 people attended.

• October 28, staff participated in the Future Build Academy’s virtual Career Fair. Staff provided information about water and wastewater career pathways and opportunities, and online application and civil service recruitment processes. Approximately 15 people attended.

Board of Directors Monthly Report – October 2020 Page 9

Tuition Reimbursement

October 2020 FY21 Total # of Employees 13 71 # of Classes 17 99 Total Reimbursed $7,232 $67,218

Employment Information

October 2020 FY21 Total Retirements – Regular 4 23 Retirements – Vested 1 3 Hires/Rehires 23 44 Other Separations 3 22

FINANCIAL STABILITY

In October, the District received $3 million in Federal Emergency Management Agency (FEMA) grant funding for the Moraga Creek Flood and Erosion Control Project (FEMA Project HGMP 4308-224-11). Staff will follow the terms of the grant and submit for reimbursement as the project progresses.

In October, the District received $450,000 in Proposition 68 funding for watershed protection and restoration to protect and enhance salmon and steelhead populations. Funding will go to projects to enhance and maintain gravel and create floodplains along the Mokelumne River.

On October 8, the District applied for The U.S. Environmental Protection Agency’s Water Infrastructure Finance and Innovation Act (WIFIA) loan to fund treatment plant improvement projects. The WIFIA loan program aims to accelerate investment in our nation’s water infrastructure by providing flexible, low-interest loans for projects that improve water infrastructure, mitigate drought, reduce energy costs and waste, and improve water quality. Staff identified over $900 million in treatment plant upgrade projects that could be eligible for funding under this program and submitted a WIFIA Letter of Interest for the projects. If approved, the resulting loan would significantly reduce finance costs over open bonds for these projects. The District could ‘lock-in’ the historically low interest rates over the next decade in order to fund these projects.

On October 8, the credit rating agency, Fitch Ratings (Fitch), affirmed its AA+ ratings on both the District’s Water Revenue Bonds and Wastewater Revenue Bonds. The AA+ rating is the second highest on Fitch’s rating scale and places the District among the highest rated public utilities in the country. The affirmation is based on the District’s stable local economy and strong financial results. Board of Directors Monthly Report – October 2020 Page 10

The estimated earned revenue from Mokelumne power sales for October is $544,754. The District sold renewable power and related Renewable Energy Credits (RECs) to MCE. A total of $59,800 was generated from REC sales – all from MCE. Resource Adequacy (RA) capacity sales to 3Phases Renewables, Inc. and Shell earned $86,970. Earned revenue to date through October is estimated at $1,928,589 or 38.6 percent of the FY21 budgeted $5.0 million. Forecasted revenue for FY21 is $7.6 million, and includes the RA contracts revenue effective January 2021.

The estimated earned revenue from the MWWTP Power Generation Station's surplus power sales for October is $71,974. The District sold renewable power and related Renewable Energy Credits to the Port of Oakland. Sale of RECs generated $13,968 from the Port of Oakland. Earned revenue for FY21 is estimated at $243,888 or 24 percent of the FY21 budgeted $1.0 million.

There were no material and supply contracts from $80,001 to $100,000 approved by the General Manager in October 2020. There were ten general and professional services agreements from $30,001 up to $80,000 approved by the General Manager in October 2020.

DATE CEP ITEM (S) CONTRACT VENDOR NAME AWARDED STATUS PURCHASED PROJECT TERM VALUE Maria Robinson 10/01/20 Black Project management and Racial Equity & N/A $38,400 Consulting Female facilitation related to the Racial Justice Project Equity & Justice Project

Guaranteed 10/06/20 White Plumbing services to install Glen Reservoir N/A $65,200 Plumbing, Inc. Male HDPE houseline located in Decommissioning Lafayette Project

Jackson & Son 10/06/20 White Plumbing services to install Vista Del Rio N/A $47,900 Plumbing, Inc. Male copper houseline located in the Infrastructure town of Crocket Renewal & Regulator Decommissioning Project

Municipal Resource 10/13/20 White Amendment to the current N/A N/A $80,000 Group, LLC Female agreement for EEO investigative services

Shaw Law Group 10/13/20 White Provide EEO investigative N/A N/A $50,000 PC Female services

Amazon Web 10/19/20 White Direct award agreement for N/A N/A $65,000 Services, Inc. Male cloud computing services

Law Offices of Amy 10/22/20 White Amendment to current N/A N/A $80,000 Oppenheimer Female agreement for EEO investigative services Board of Directors Monthly Report – October 2020 Page 11

DATE CEP ITEM (S) CONTRACT VENDOR NAME AWARDED STATUS PURCHASED PROJECT TERM VALUE Enterprise Holdings, 10/21/20 White Rental vehicles N/A October 21, $80,000 Inc. Male 2020 to May 31, 2021 Condenser & 10/23/20 Publicly Services for retubing heat N/A N/A $40,864 Chiller Services Held exchangers for the Power Generation Station at the Main Wastewater Treatment Plant

City of Orinda 10/28/20 N/A Installation of 93 - G5 gate N/A N/A $61,380 valve boxes

Water Sales (Consumption)

The following consumption information provides the average water consumption in millions of gallons per day (MGD) for the first three months of FY21. Budgeted average daily water consumption for FY21 is 143 MGD, and summer month consumption is generally higher due to outdoor watering. The table below shows the average billed water consumption information by customer class with a comparison to FY20 data for the same period of time.

Alameda and Contra Costa counties’ public health departments have issued “shelter-in-place” orders since March 17, 2020. This has limited the activities of businesses, industries, schools and public agencies within the service area; however, the District has not seen a significant impact from the pandemic on overall water consumption. Staff will continue to monitor billed water sales and water production for changing trends.

Fiscal Year-to-Date Billed Water Consumption Year-over-Year Usage Type FY21 (MGD) FY20 (MGD) (% change) Residential 99.1 91.3 8.5% Commercial 58.1 59.5 -2.4% Industrial 18.4 14.0 31.4% Public Authority 8.8 8.5 3.5% Total Billed Water Consumption 184.4 173.3 6.4%

Board of Directors Monthly Report – October 2020 Page 12

BILLED WATER CONSUMPTION (MD5)

300

250

200 FY21 YTD

150 FY21 BUDGET

MGD FY20 ACTUAL

100

50

0 JULY AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN

CONSUMPTION

Source: Customer Information System Board of Directors Monthly Report – October 2020 Page 13

Water Sales (Revenue)

Water revenues billed through the first three months of FY21 were $179.9 million or 11.1% more than the $161.9 million billed for the same period in FY20. This increase reflects the 6.25% FY21 rate increase and higher summer water consumption. Total FY21 water revenues through September are $10.9 million, or 6.4% greater than the budgeted water revenue of $169.0 million.

CUMULATIVE BILLED WATER REVENUE ($ MLLLLONS)

500

450

400

350

300 FY21 YTD

250 FY21 BUDGET FY20 ACTUAL 200

MILLIONS OF MILLIONS $ 150

100

50

0 JULY AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN

BILLED REVENUES

Source: Customer Information System

Board of Directors Monthly Report – September 2020 Page 14

OCTOBER 2020 MAIN BREAK REPAIRS Pipe Year Est Water Loss KPI City Pre Street Suf Pipe Material Diameter Installed (Gals) Identified On Completed On Met? ALAMEDA FAIRVIEW AVE CAST IRON 6.00 1931 18,000 10/3/2020 10/3/2020 Y ALAMEDA FERNSIDE BL ASBESTOS CEMENT 4.00 1939 450 10/6/2020 10/7/2020 Y ALAMEDA POST ST ASBESTOS CEMENT 4.00 1950 450 10/26/2020 10/26/2020 Y ALAMO HAGEN OAKS DR ASBESTOS CEMENT 6.00 1979 28,800 10/13/2020 10/14/2020 Y ALAMO HAGEN OAKS DR ASBESTOS CEMENT 6.00 1979 4,500 10/30/2020 10/30/2020 Y ALAMO STONE VALLEY RD ASBESTOS CEMENT 6.00 1959 14,400 10/5/2020 10/9/2020 Y ALAMO STONE VALLEY WAY ASBESTOS CEMENT 6.00 1980 11,520 9/30/2020 10/1/2020 Y ALBANY BRIGHTON AVE CAST IRON 4.00 1923 0 10/6/2020 10/9/2020 Y ALBANY CARMEL AVE CAST IRON 4.00 1934 14,400 9/26/2020 10/5/2020 Y ALBANY SAN PABLO AVE CAST IRON 4.00 1934 1,800 10/21/2020 10/21/2020 Y BERKELEY 4TH ST CAST IRON 6.00 1925 36,000 10/24/2020 10/24/2020 Y BERKELEY 8TH ST CAST IRON 6.00 1940 54,000 10/29/2020 10/29/2020 Y BERKELEY 7TH ST CAST IRON 6.00 Unknown 54,000 10/5/2020 10/5/2020 Y BERKELEY BLAKE ST CAST IRON 6.00 1933 14,400 10/26/2020 10/30/2020 Y BERKELEY BUENA VISTA WAY CAST IRON 6.00 1928 4,500 10/29/2020 10/29/2020 Y BERKELEY EDWARDS ST CAST IRON 4.00 1937 8,640 10/1/2020 10/6/2020 Y BERKELEY EUCLID AVE CAST IRON 4.00 1950 0 10/9/2020 10/15/2020 Y BERKELEY M L KING JR WAY CAST IRON 6.00 1949 18,000 10/25/2020 10/25/2020 Y BERKELEY MARIN AVE STEEL 8.00 1946 0 10/6/2020 10/14/2020 Y BERKELEY MCKINLEY AVE CAST IRON 6.00 1929 31,500 10/13/2020 10/13/2020 Y BERKELEY MILVIA ST CAST IRON 6.00 1901 900 10/15/2020 10/15/2020 Y BERKELEY WHEELER ST CAST IRON 6.00 1954 7,200 10/25/2020 10/29/2020 Y BERKELEY WILDCAT CANYON RD ASBESTOS CEMENT 6.00 1956 2,700 10/14/2020 10/14/2020 Y BERKELEY WILDCAT CANYON RD ASBESTOS CEMENT 6.00 1955 1,350 10/26/2020 10/26/2020 Y CASTRO VALLEY ALMOND RD CAST IRON 6.00 1949 10,080 10/8/2020 10/14/2020 Y CASTRO VALLEY AUDREY DR CAST IRON 6.00 1953 8,640 10/22/2020 10/27/2020 Y CASTRO VALLEY CLIFFORD CT ASBESTOS CEMENT 4.00 1954 9,000 10/14/2020 10/15/2020 Y CASTRO VALLEY CLIFTON WAY CAST IRON 8.00 1953 0 10/12/2020 10/28/2020 Y CASTRO VALLEY KEVIN CT ASBESTOS CEMENT 6.00 1955 45,000 10/23/2020 10/23/2020 Y CASTRO VALLEY KINGSTON WAY CAST IRON 6.00 1953 36,000 10/14/2020 10/14/2020 Y CASTRO VALLEY SYDNEY WAY CAST IRON 4.00 1964 18,000 10/7/2020 10/7/2020 Y DANVILLE BOLERO DR ASBESTOS CEMENT 8.00 1978 45,000 10/2/2020 10/3/2020 Y DANVILLE CHARLES LN ASBESTOS CEMENT 6.00 1971 4,500 10/30/2020 10/31/2020 Y

*KPI = turn around time to repair the leak

Board of Directors Monthly Report – October 2020 Page 15

OCTOBER 2020 MAIN BREAK REPAIRS Pipe Year Est Water Loss KPI City Pre Street Suf Pipe Material Diameter Installed (Gals) Identified On Completed On Met? DANVILLE DUNSMOOR CT ASBESTOS CEMENT 6.00 1967 0 10/2/2020 10/2/2020 Y DANVILLE DUTCH MILL DR ASBESTOS CEMENT 8.00 1979 14,400 10/26/2020 10/26/2020 Y DANVILLE LA GONDA WAY ASBESTOS CEMENT 8.00 1960 20,160 10/14/2020 10/15/2020 Y DANVILLE PIN OAK PL ASBESTOS CEMENT 6.00 1977 1,350 10/29/2020 10/29/2020 Y EL CERRITO ALTA VISTA DR CAST IRON 6.00 1946 0 9/30/2020 10/6/2020 Y EL CERRITO CENTRAL AVE CAST IRON 6.00 1939 270 10/3/2020 10/6/2020 Y EL CERRITO LUDWIG AVE CAST IRON 6.00 1926 10,080 9/29/2020 10/5/2020 Y EL CERRITO MONTE VISTA AVE CAST IRON 6.00 1945 10,080 9/29/2020 10/5/2020 Y EL CERRITO SAN PABLO AVE CAST IRON 8.00 1937 8,640 10/22/2020 10/23/2020 Y EL CERRITO WALDO AVE CAST IRON 6.00 1952 900 10/30/2020 10/31/2020 Y HAYWARD FAIRVIEW AVE CAST IRON 4.00 1933 20,160 10/15/2020 10/28/2020 N HAYWARD HAZEL AVE ASBESTOS CEMENT 6.00 1962 450 10/7/2020 10/7/2020 Y KENSINGTON TRINITY AVE CAST IRON 6.00 1948 14,400 10/25/2020 10/26/2020 Y LAFAYETTE CASTELLO RD CAST IRON 6.00 1951 90,000 10/20/2020 10/21/2020 Y LAFAYETTE COLORADOS CT CAST IRON 4.00 1950 0 10/20/2020 10/27/2020 Y LAFAYETTE EL CURTOLA BL STEEL 6.00 1958 0 8/25/2020 10/13/2020 Y LAFAYETTE GLENSIDE CIR CAST IRON 4.00 1948 17,280 10/11/2020 10/12/2020 Y LAFAYETTE GOLDEN GATE WAY CAST IRON 6.00 1932 4,500 10/27/2020 10/27/2020 Y LAFAYETTE IVANHOE AVE NON METALLIC / PLASTIC 8.00 2000 9,000 10/24/2020 10/24/2020 Y LAFAYETTE LA PLAYA DR ASBESTOS CEMENT 8.00 1972 3,150 10/8/2020 10/9/2020 Y LAFAYETTE LAS TRAMPAS RD CAST IRON 4.00 1940 1,800 10/2/2020 10/2/2020 Y LAFAYETTE MOUNTAIN VIEW LN CAST IRON 6.00 1955 2,250 10/12/2020 10/12/2020 Y LAFAYETTE MT DIABLO BL ASBESTOS CEMENT 6.00 1963 40,320 9/22/2020 10/5/2020 N LAFAYETTE PLEASANT HILL CIR CAST IRON 4.00 1946 2,250 10/9/2020 10/9/2020 Y LAFAYETTE RELIEZ VALLEY RD CAST IRON 6.00 1941 8,640 10/4/2020 10/6/2020 Y LAFAYETTE RELIEZ VALLEY RD CAST IRON 4.00 1941 43,200 10/14/2020 10/28/2020 N LAFAYETTE ROHRER DR STEEL 16.00 1965 360 10/30/2020 10/31/2020 Y LAFAYETTE ROWLAND DR CAST IRON 6.00 1949 0 10/5/2020 10/26/2020 Y LAFAYETTE WITHERS AVE CAST IRON 4.00 1951 18,720 10/14/2020 10/26/2020 N MORAGA BENEDITA PL ASBESTOS CEMENT 6.00 1984 900 10/27/2020 10/27/2020 Y OAKLAND 9TH AVE CAST IRON 6.00 1931 0 10/14/2020 10/14/2020 Y OAKLAND 23RD AVE CAST IRON 4.00 1887 45,000 10/3/2020 10/3/2020 Y *KPI = turn around time to repair the leak

Board of Directors Monthly Report – October 2020 Page 16

OCTOBER 2020 MAIN BREAK REPAIRS Pipe Year Est Water Loss KPI City Pre Street Suf Pipe Material Diameter Installed (Gals) Identified On Completed On Met? OAKLAND 31ST ST ASBESTOS CEMENT 6.00 1968 11,520 10/13/2020 10/16/2020 Y OAKLAND 62ND ST CAST IRON 8.00 1924 8,640 9/26/2020 10/1/2020 Y OAKLAND 73RD AVE STEEL 8.00 1973 1,440 10/15/2020 10/15/2020 Y OAKLAND 109TH AVE ASBESTOS CEMENT 6.00 1956 14,400 10/6/2020 10/6/2020 Y OAKLAND 89TH AVE CAST IRON 8.00 1925 0 10/1/2020 10/21/2020 Y OAKLAND ALMA PL CAST IRON 4.00 1917 6,750 10/1/2020 10/1/2020 Y OAKLAND ALMA PL CAST IRON 6.00 1961 28,800 10/29/2020 10/30/2020 Y OAKLAND ALMANZA DR CAST IRON 6.00 1945 17,280 9/24/2020 10/5/2020 Y OAKLAND BROADWAY TER CAST IRON 6.00 1936 18,000 10/2/2020 10/2/2020 Y OAKLAND BROADWAY TER ASBESTOS CEMENT 6.00 1970 54,000 10/3/2020 10/3/2020 Y OAKLAND CASTLEWOOD ST CAST IRON 6.00 1946 0 9/28/2020 10/8/2020 Y OAKLAND EVERETT AVE CAST IRON 8.00 1962 90,000 10/7/2020 10/7/2020 Y OAKLAND GRAND AVE CAST IRON 4.00 1927 11,520 10/6/2020 10/9/2020 Y OAKLAND HOLLY ST CAST IRON 6.00 1927 10,080 10/20/2020 10/26/2020 Y OAKLAND INTERNATIONAL BL CAST IRON 4.00 1934 5,760 9/29/2020 10/2/2020 Y OAKLAND LACEY AVE CAST IRON 4.00 1927 2,250 10/12/2020 10/12/2020 Y OAKLAND LINCOLN AVE CAST IRON 8.00 1955 4,320 10/12/2020 10/14/2020 Y OAKLAND MOSS WAY ASBESTOS CEMENT 4.00 1964 27,000 10/14/2020 10/14/2020 Y OAKLAND OAK HILL CIR ASBESTOS CEMENT 6.00 1959 900 10/10/2020 10/10/2020 Y OAKLAND PAMPAS AVE CAST IRON 4.00 1942 90,000 10/3/2020 10/3/2020 Y OAKLAND PERKINS ST CAST IRON 4.00 1905 0 10/8/2020 10/8/2020 Y OAKLAND RETTIG AVE CAST IRON 8.00 1933 450 10/8/2020 10/8/2020 Y OAKLAND RINCON DR CAST IRON 4.00 1938 4,500 10/20/2020 10/21/2020 Y OAKLAND SAN JUAN ST CAST IRON 4.00 1932 5,760 10/13/2020 10/16/2020 Y OAKLAND SENECA ST CAST IRON 6.00 1943 10,080 10/7/2020 10/13/2020 Y OAKLAND SUNNYSIDE ST CAST IRON 6.00 1938 36,000 10/10/2020 10/10/2020 Y OAKLAND SUTER ST CAST IRON 6.00 1938 0 10/2/2020 10/7/2020 Y OAKLAND SUTER ST CAST IRON 6.00 1938 18,000 10/13/2020 10/13/2020 Y OAKLAND WEST ST CAST IRON 6.00 1907 2,880 10/30/2020 10/30/2020 Y ORINDA ARBOLADO CT ASBESTOS CEMENT 4.00 1957 12,960 10/5/2020 10/13/2020 Y ORINDA CAMINO PABLO STEEL 12.00 1968 0 9/25/2020 10/7/2020 Y

*KPI = turn around time to repair the leak

Board of Directors Monthly Report – October 2020 Page 17

OCTOBER 2020 MAIN BREAK REPAIRS Pipe Year Est Water Loss KPI City Pre Street Suf Pipe Material Diameter Installed (Gals) Identified On Completed On Met? ORINDA CRESTVIEW DR CAST IRON 8.00 1953 31,680 10/20/2020 10/30/2020 N ORINDA DAVIS RD CAST IRON 4.00 1945 18,000 10/4/2020 10/4/2020 Y ORINDA EL TOYONAL ASBESTOS CEMENT 8.00 1958 450 10/6/2020 10/6/2020 Y ORINDA GREENWOOD CT CAST IRON 6.00 1949 0 10/1/2020 10/1/2020 Y ORINDA LA CRESTA RD CAST IRON 6.00 1947 0 9/14/2020 10/7/2020 Y ORINDA RAVENHILL RD ASBESTOS CEMENT 6.00 1973 10,800 9/30/2020 10/1/2020 Y PIEDMONT INVERLEITH TER CAST IRON 2.00 1929 0 10/8/2020 10/8/2020 Y PIEDMONT INVERLEITH TER CAST IRON 2.00 1929 14,400 10/22/2020 10/23/2020 Y PINOLE PINOLE VALLEY RD ASBESTOS CEMENT 6.00 1959 1,800 10/26/2020 10/26/2020 Y PINOLE SAN PABLO AVE CAST IRON 6.00 1953 0 10/21/2020 10/21/2020 Y PLEASANT HILL DUBLIN DR ASBESTOS CEMENT 6.00 1968 0 9/28/2020 10/7/2020 Y RICHMOND 4TH ST CAST IRON 4.00 1939 0 10/23/2020 10/28/2020 Y RICHMOND 7TH ST CAST IRON 6.00 1951 28,800 10/19/2020 10/22/2020 Y RICHMOND S 45TH ST ASBESTOS CEMENT 4.00 1954 4,320 9/29/2020 10/1/2020 Y RICHMOND BEAU RIVAGE AVE STEEL 8.00 1982 0 10/21/2020 10/22/2020 Y RICHMOND GREENVIEW LN ASBESTOS CEMENT 6.00 1972 1,350 10/28/2020 10/29/2020 Y RICHMOND HILLTOP DR CAST IRON 6.00 1941 36,000 10/22/2020 10/22/2020 Y RICHMOND LINCOLN AVE CAST IRON 6.00 1942 0 10/5/2020 10/7/2020 Y RICHMOND MONTEREY ST ASBESTOS CEMENT 8.00 1960 4,500 10/10/2020 10/10/2020 Y RICHMOND SILVER AVE ASBESTOS CEMENT 6.00 1965 45,000 10/18/2020 10/18/2020 Y RICHMOND VIRGINIA AVE ASBESTOS CEMENT 4.00 1944 2,880 10/7/2020 10/8/2020 Y SAN LEANDRO ARGUELLO DR ASBESTOS CEMENT 6.00 1954 11,520 10/18/2020 10/21/2020 Y SAN LEANDRO DONALD AVE CAST IRON 6.00 1947 0 9/30/2020 10/5/2020 Y SAN LEANDRO LEONARD DR ASBESTOS CEMENT 12.00 1956 10,080 10/21/2020 10/27/2020 Y SAN LEANDRO MAUBERT AVE CAST IRON 6.00 1937 43,200 10/11/2020 10/13/2020 Y SAN LEANDRO PLACER DR CAST IRON 4.00 1949 1,350 10/20/2020 10/21/2020 Y SAN PABLO 20TH ST NON METALLIC / PLASTIC 6.00 1980 6,750 10/15/2020 10/15/2020 Y SAN PABLO 23RD ST CAST IRON 8.00 1934 38,880 9/30/2020 10/8/2020 Y SAN PABLO EL PORTAL DR ASBESTOS CEMENT 8.00 1968 1,800 10/7/2020 10/7/2020 Y WALNUT CREEK CARMELLO RD CAST IRON 4.00 1942 4,500 10/17/2020 10/17/2020 Y WALNUT CREEK CASTLE HILL CT ASBESTOS CEMENT 6.00 1972 11,520 10/26/2020 10/29/2020 Y

*KPI = turn around time to repair the leak

Board of Directors Monthly Report – October 2020 Page 18

OCTOBER 2020 MAIN BREAK REPAIRS Pipe Year Est Water Loss KPI City Pre Street Suf Pipe Material Diameter Installed (Gals) Identified On Completed On Met? WALNUT CREEK JUANITA DR CAST IRON 6.00 1945 11,520 10/16/2020 10/23/2020 Y WALNUT CREEK SAN ANTONIO WAY ASBESTOS CEMENT 8.00 1956 22,500 10/21/2020 10/21/2020 Y WALNUT CREEK WOODBURY CT ASBESTOS CEMENT 6.00 1973 23,040 10/13/2020 10/13/2020 Y 1,771,920

Non-surfacing leaks discovered by leak detection technologies 10 Breaks caused by contractors or other agencies 1 Main breaks 119 Total water main repairs 130

*KPI = turn around time to repair the leak

Board of Directors Monthly Report – October 2020 Page 19

Board of Directors Monthly Report – October 2020 Page 20

EAST BAY MUNICIPAL UTILITY DISTRICT

DATE: November 5, 2020

MEMO TO: Board of Directors

THROUGH: Clifford C. Chan, General Manager

FROM: Rischa S. Cole, Secretary of the District

SUBJECT: Sustainability/Energy Committee Minutes – October 27, 2020

Chair Doug Linney called to order the Sustainability/Energy Committee meeting at 8:46 a.m. He announced that in light of the COVID-19 pandemic, the meeting will be conducted pursuant to California Executive Order N-29-20 which suspends certain requirements of the Ralph M. Brown Act and allows Board members and the public to participate remotely while social distancing requirements are in effect. Director Frank Mellon was present at roll call. Director Andy Katz was absent. Chair Linney and Director Mellon participated remotely. EBMUD staff participants included General Manager Clifford C. Chan, General Counsel Craig S. Spencer, Director of Wastewater Eileen M. White, Acting Director of Operations and Maintenance Michael R. Ambrose, Manager of Maintenance and Construction/Water Operations David A. Briggs, Associate Civil Engineer Rebecca C. Overacre, Senior Civil Engineer John M. Hake, Senior Environmental Health and Safety Specialist Chris Dembiczak, Senior Civil Engineer David V. Beyer, Special Assistant to the General Manager Kelly A. Zito, Assistant to the General Manager Janetta M. Johnson, and Secretary of the District Rischa S. Cole.

Public Comment. Addressing the Committee was Eric Larsen, President, AFSCME Local 444 who commented on current vacancies and staffing needed to operate facilities at the Main Wastewater Treatment Plant that process biosolids and Resource Recovery Program materials. The Committee requested additional information from staff regarding the status of vacant positions at the plant.

Biosolids Management Program Update. Associate Civil Engineer Rebecca C. Overacre presented a program update and reported that due to regulatory changes and solid waste laws, the use of biosolids as landfill alternative daily cover (ADC) will no longer be permitted after 2022. The District currently produces approximately 75,000 wet tons per year of biosolids which are hauled from the Main Wastewater Treatment Plant (MWWTP) every day. Ms. Overacre reviewed biosolids handling cost trends, developments in the Bay Area biosolids market, staff’s participation with the Bay Area Biosolids Coalition and discussed the two-year and long-term outlook for biosolids use. The District’s two hauling and end-use management agreements, which cost approximately $3.8 million per year, will expire in 2021. Staff is negotiating an additional one-year extension to these agreements and is exploring longer-term agreements for biosolids management once landfill ADC is phased out. Staff also evaluated a variety of biosolids treatment and handling options, including onsite processing as part of the Integrated MWWTP Master Plan and will provide more detail during the November 10 Long-Term Infrastructure Investment Workshop. Ms. Overacre and Director of Wastewater Eileen M. White responded to Committee questions regarding the upcoming ban on biosolids as ADC and potentially producing compost from biosolids.

Resource Recovery (R2) Program Update. Senior Civil Engineer John M. Hake presented an overview of R2 program activities in FY20. During this time period, the program generated $12.1 million in revenues and $900,000 in surplus energy sales. Mr. Hake discussed a potential project Board of Directors Sustainability/Energy Committee Minutes of October 27, 2020 November 5, 2020 Page 2 with a group seeking California Energy Commission grant funding to deliver renewable hydrogen to drayage trucks operating at the Port of Oakland; impacts to District food waste partnerships with Central Contra Costa Solid Waste Authority (RecycleSmart) and South Bayside Waste Management Authority due to the COVID-19 pandemic; and a pilot project to install two electric vehicle charging stations at the MWWTP for employee use by the end of the calendar year. In a continued effort to manage biogas production and reduce flaring, at its meeting in the afternoon, the Board will consider a five-year agreement with Divert Inc. to deliver food waste to the MWWTP at a discounted rate to incentivize increased deliveries on weekends. Staff will be exploring long-term plans for the R2 program to maximize program revenue while reducing capital investment needs and additional information on these efforts will be provided at the November 10 Long-Term Infrastructure Investment Workshop. Mr. Hake responded to Committee questions regarding ideal timing for food waste deliveries; payment options for staff to use the electric vehicle charging stations; and cost- effectiveness of continuing to supply power to the MWWTP.

2019 Greenhouse Gas (GHG) Inventory. Senior Environmental Health and Safety Specialist Chris Dembiczak reported in 2019, the District began reporting GHG emissions based on the Water- Energy Nexus (WEN) protocol developed by The Climate Registry (TCR). The District’s 2019 goal e was 39,442 metric tons of carbon dioxide equivalent (MT CO2 ) and actual GHG emissions totaled e 30,051 MT CO2 . Mr. Dembiczak noted that District Policy 7.07 – Energy was updated on September 22, 2020, and established more aggressive GHG reduction goals for the water system. He reviewed elements of the updated WEN protocol which greatly increased the Wastewater System’s direct emissions compared to prior years and highlighted impacts to the District’s GHG inventory total from the adjustments required to the baseline year (2000) data. Some actions being taken to further reduce GHG include plans to install electric charging stations at three additional District facilities; install solar panels at the Duffel Photovoltaic Project; increase the use of renewable diesel; remain engaged with other utilities and groups promoting sustainable fleets, such as CALSTART; and continued work with TCR and the WEN Wastewater Workgroup evaluating GHG emissions related to wastewater treatment and discharge. The Committee requested additional information on electric vehicle maintenance and battery recycling and a list of water and wastewater agencies that are reporting their GHG inventory using the TCR protocol.

Renewable Energy Update. Senior Civil Engineer David V. Beyer presented an update on the District’s renewable energy efforts which included completion of the 30 kilowatt Carisbrook photovoltaic (PV) project. The project was completed this year and began supplying the Carisbrook Reservoir and Skyline Pumping Plant with zero-emission electricity through a net energy metering configuration. This is the first District PV project budgeted and integrated into a District rehabilitation project. Staff is evaluating the technical and financial feasibility of integrating PV projects into other rehabilitation and new construction projects. He reviewed progress on the Duffel PV project in Orinda and said the District submitted permit applications to the City of Orinda on October 26. If the permits are approved, staff will apply for state and federal permits in 2021, and once approved, will begin construction in 2021. The Committee raised no questions.

Adjournment. Chair Linney adjourned the meeting at 10:00 a.m.

CCC/RSC W:\Board of Directors - Meeting Related Docs\Minutes\2020 Sustainability Ctte Minutes\102720 Sustainability Energy Ctte Minutes.doc EAST BAY MUNICIPAL UTILITY DISTRICT

DATE: November 5, 2020

MEMO TO: Board of Directors

THROUGH: Clifford C. Chan, General Manager

FROM: Rischa S. Cole, Secretary of the District

SUBJECT: Finance/Administration Committee Minutes – October 27, 2020

Chair William B. Patterson called to order the Finance/Administration Committee meeting at 10:05 a.m. He announced that in light of the COVID-19 pandemic, the meeting will be conducted pursuant to California Executive Order N-29-20 which suspends certain requirements of the Ralph M. Brown Act and allows Board members and the public to participate remotely while social distancing requirements are in effect. Director John A. Coleman was present at roll call. Director Andy Katz was absent. Chair Patterson and Director Coleman participated remotely. Staff participants included General Manager Clifford C. Chan, General Counsel Craig S. Spencer, Director of Finance Sophia D. Skoda, Manager of Budget Jeanne M. Chase, Controller Andrea M. Miller, Principal Management Analyst David A. Mercado, Treasury Manager Robert L. Hannay, Senior Civil Engineer David V. Beyer, Deborah Harper Auditor with Lance, Soll and Lunghard CPAs and Advisors, Special Assistant to the General Manager Kelly A. Zito, Assistant to the General Manager Janetta M. Johnson, and Secretary of the District Rischa S. Cole.

Public Comment. None.

Financial Review of Fiscal Year 2020 (FY20). Deborah Harper, representing Lance, Soll and Lunghard CPAs and Advisors reviewed findings from the annual financial audit completed by her agency for the year ending June 30, 2020 in accordance with section 1889 of the Municipal Utility District Act. The audit found no deficiencies or material weaknesses in District operations, no irregularities in reporting and no need for significant adjustments. She reported the District will implement Government Accounting Standards Board (GASB) Statement No. 88 – Certain Disclosures Related to Debt, including Direct Borrowing and Direct Placements, effective FY20/21 in accordance with GASB Statement No. 95 – Postponement of Effective Dates of Certain Authoritative Guidance, which provides a temporary relief to governments and other stakeholders in light of the COVID-19 pandemic. Next, Manager of Budget Jeanne M. Chase presented the District’s budget performance for FY20. Ms. Chase reviewed the Water and Wastewater Systems’ overall financial condition which continues to remain strong, and said while FY20 financial results were positive, the District may see financial impacts in FY21 from the COVID-19 pandemic. She reported total Water System revenues of $710.9 million which were $47.7 million above budget and operating expenses less than budget by $36.1 million. Total Wastewater System revenues were $144.2 million which was $4.0 million above budget while operating expenses were less than budget by $5.7 million. She highlighted major water and wastewater capital projects started or completed in FY20; the status of District grants and loans; and discussed plans to manage impacts from the COVID-19 pandemic. Controller Andrea M. Miller reported on the District’s targeted financial goals outlined in Policy 4.02 – Cash Reserves and Debt Board of Directors Finance/Administration Committee Minutes of October 27, 2020 November 5, 2020 Page 2

Management and said the District’s financial position remains sound. She reviewed the financial goals for both systems and noted the debt service coverage ratio for the Water System is 2.28 and 2.59 for Wastewater. As of June 30, 2018, the date of the last completed actuarial valuation report, the District’s funded percentage of combined pension and health benefits remained stable at 76 percent. Ms. Harper responded to Committee questions on how the District’s financial status compares to other agencies and staff responded to questions regarding budgeting for the System Capacity Charge in FY22/23.

Fiscal Year 2020 (FY20) Key Performance Indicators (KPIs) Report. Principal Management Analyst David A. Mercado reported that during this time period, the District either met or was on track to meet the target for 94 percent of its FY20 KPIs where targets were set. He said targets for pumping plant rehabilitation, wastewater rates, Contact Center customer rating, and leadership program graduates who place on promotional lists were not met or on track. The FY20 KPIs are based on the FY18 Strategic Plan; the FY21 KPIs will be based on the FY20 Strategic Plan which was adopted by the Board in June 2020. Mr. Mercado reviewed the unmet targets noting that a historical review of pumping plant rehabilitations show that although the goal was not met, the District is actually ahead in rehabilitating these facilities. He pointed out a correction to the data presented on presentation slide 8 noting FY19 numbers for the fourth quarter should have been 5.0 and not 3.6. The Committee raised no questions.

Quarterly Financial Reports. Director of Finance Sophia D. Skoda reported the quarterly reports were filed in compliance with government statutes. The information includes investment transactions along with quarterly payroll, disbursements and real estate summary reports for the Water and Wastewater Systems during the period July 1 through September 30, 2020. There were no real estate transactions during this period. The Committee raised no questions. It was moved by Director Coleman, seconded by Director Patterson, and carried (2-0) by roll call vote to accept the reports. Director Katz was absent.

Monthly Investment Transactions Report. Director of Finance Sophia D. Skoda reviewed the September 2020 report which will be presented to the Board for consideration at its meeting in the afternoon. The Committee raised no questions. It was moved by Director Coleman, seconded by Director Patterson, and carried (2-0) by roll call vote to accept the report. Director Katz was absent.

Water Infrastructure Finance and Innovation Act (WIFIA) Loan Letter of Interest (LOI). Treasury Manager Robert L. Hannay presented information on the District’s LOI for the WIFIA loan program administered by the U.S. Environmental Protection Agency (EPA). Based on advice from its outside municipal advisors, the District’s LOI includes a broad array of water treatment-related projects, including the Orinda Water Treatment Plant (WTP) Disinfection Improvements Project, the Chemical Safety System Improvements Project, and the Walnut Creek WTP Pretreatment Project. The EPA is able to fund 49 percent of specific project costs with WIFIA loan proceeds. The cost estimates of the projects included in the LOI total $908 million over the next 10 years. He reviewed current loan interest rates and said borrowing under a WIFIA loan would likely offset borrowing the District would otherwise pursue with revenue bonds. Once the District receives feedback on its LOI from EPA, staff will decide whether or not to submit a full application and if so, will finalize the list of projects to include in the application. Staff will provide an update to the Committee at a future meeting on the LOI status and next steps.

Board of Directors Finance/Administration Committee Minutes of October 27, 2020 November 5, 2020 Page 3

Fiscal Year 2020 (FY20) Annual Power Sales Report. Due to time constraints, General Manager Clifford C. Chan summarized the report and Senior Civil Engineer David V. Beyer reviewed the FY21 budgeted and forecast assumptions as well as projected calendar year 2021 Resource Adequacy (RA) sales. General Manager Chan said the Board would be asked to consider authorizing agreements with East Bay Community Energy for the sale of RA capacity and unscheduled Renewable Energy Credits from Camanche and Pardee hydropower facilities at its meeting in the afternoon. The Committee raised no questions.

Adjournment. Chair Patterson adjourned the meeting at 11:03 a.m.

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