REQUEST FOR PROPOSALS

FOR

FINANCIAL CONSULTING SERVICES FOR

THIRD PARTY REVIEW OF USAGE CHARGE FEE

(RFP18/19-60)

Submit Proposals to: Robert Ferro, Senior Buyer Procurement & Contracts Division Alameda County Water District 43885 South Grimmer Boulevard Fremont, CA 94538 Tel.: (510) 668-4291 TABLE OF CONTENTS Page

1. INFORMATION / INSTRUCTIONS TO PROPOSERS ...... 3 1.1. INVITATION ...... 3 1.2. PERIOD OF PERFORMANCE ...... 3 1.3. BACKGROUND...... 3 1.4. DEFINITIONS ...... 3 1.5. SOLICITATION TIMELINE ...... 4 1.6. VENDOR REGISTRATION ...... 4 1.7. EXAMINATION OF RFP DOCUMENTS ...... 4 1.8. PRE-PROPOSAL MEETING ...... 4 1.9. QUESTIONS AND REQUESTS FOR CLARIFICATIONS ...... 5 1.10. ACKNOWLEDGEMENT OF ADDENDUM / ADDENDA TO THE SOLICITATION ...... 5 1.11. BASIS OF AWARD ...... 5 1.12. PROPOSER’S MINIMUM QUALIFICATIONS AND EXPERIENCE ...... 5 1.13. EVALUATION OF PROPOSALS ...... 6 1.14. EVALUATION CRITERIA ...... 7 1.15. DISTRICT’S RIGHTS ...... 8 1.16. SUBMISSION OF PROPOSALS ...... 9 1.17. PERIOD FOR ACCEPTANCE OF PROPOSALS ...... 9 1.18. MODIFICATION, WITHDRAWAL, MISTAKES, AND MINOR INFORMALITIES ...... 9 1.19. EX-PARTE COMMUNICATIONS ...... 9 1.20. CONFIDENTIALITY ...... 10 2. SCOPE OF SERVICES ...... 10 2.1. PURPOSE AND BACKGROUND ...... 10 2.2. SCOPE OF SERVICES ...... 11 2.3. MEETINGS ...... 12 2.4. DISTRICT RESPONSIBILITIES ...... 12 3. PROPOSAL CONTENT AND SUBMITTAL ...... 13 3.1. PROPOSAL CONTENT ...... 13 3.2. PROPOSAL SUBMITTAL ...... 15 4. APPENDICES ...... 15

Page 2 of 15 1. INFORMATION / INSTRUCTIONS TO PROPOSERS 1.1. INVITATION The District is seeking qualified firms or individuals to submit proposals for consulting services to perform an independent third-party review of proposed usage fees developed by Municipal Utility District (EBMUD) and Contra Costa Water District’s (CCWD) relative to the Los Vaqueros Reservoir Expansion Project. 1.2. PERIOD OF PERFORMANCE It is the intent of the District to award an Agreement, a copy of which can be located in Appendix B, to the highest ranked Proposer, in accordance with the evaluation criteria set forth herein. The term of the Agreement shall be from issuance of a Notice to Proceed and conclude on December 31, 2019. 1.3. BACKGROUND The District is a Special District located in the Bay Area. The District supplies water to the cities of Fremont, Newark, and Union City in southern Alameda County. The first water district formed in California under the County Water District Act of 1913, the District today has a staff of approximately 230 employees and supplies drinking water to more than 356,000 people. The District covers approximately 100 square miles and provides water services through over 82,000 connections. With diverse water sources that include the State Water Project, water imported from the San Francisco Public Utilities Commission, and local groundwater, the District has consistently been able to accomplish its mission of providing a reliable supply of high quality water at a reasonable price to its customers. 1.4. DEFINITIONS Whenever the following words occur in this Request for Proposal (RFP), they shall have the following meanings: COMPETITIVE SEALED PROPOSALS is a transparent procurement method in which Proposals from competing contractors, suppliers, or vendors are invited by openly advertising the scope, specifications, and terms and conditions of the proposed Agreement. Award is typically made to the most qualified Proposer or Proposers whose Proposal(s) provides the best value to the District. CONTRACT ADMINISTRATOR shall mean the District’s Contract Administrator who will be identified after Solicitation award. Any reference to the Contract Administrator in the Agreement shall mean the Contract Administrator or designated representative. The Agreement will be performed under the direction, inspection and supervision of the Contract Administrator. CONTRACTOR or CONSULTANT means any person or firm having a Contract with the District. DISTRICT or ACWD shall mean the Alameda County Water District.

Page 3 of 15 PROPOSER means a corporate entity or individual who responds to this Request for Proposals. REQUEST FOR PROPOSALS or RFP means all documents, whether attached or incorporated by reference, utilized for soliciting Proposals; also referred to as “Solicitation.” SERVICES shall mean the requested services, goods, supplies or equipment. 1.5. SOLICITATION TIMELINE The District intends to adhere to the following anticipated timeline:

Date of Issuance: April 2, 2019 Pre-Proposal Meeting: April 11, 2019 @ 10:00 a.m. Deadline for Proposer Questions & April 15, 2019 @ 5:00 p.m. Requests for Clarifications:

Addendum Issued (if any) April 18, 2019 @ 5:00 p.m.

Proposals Due: May 9, 2019 @ 2:00 p.m.

Consultant Interviews, if held: Week of June 3, 2019

Anticipated Award Date: Week of June 17, 2019

1.6. VENDOR REGISTRATION Please go to acwd.org to register in the District’s vendor data base if you have not already done so. Future solicitation announcements will be sent via email to those vendors who have registered. 1.7. EXAMINATION OF RFP DOCUMENTS The selected Proposer will be required to execute an Agreement for Services, refer to sample located in Appendix B, with the District, describing the Scope of Services to be performed, compensation, insurance requirements and other pertinent provisions. Before submitting its Proposal, each Proposer must (a) examine the RFP documents thoroughly and (b) familiarize itself with any applicable Federal, State and local laws, ordinances, rules and regulations, and standards affecting provision of the Services. 1.8. PRE-PROPOSAL MEETING The District will hold a Pre-Proposal Meeting at the District’s HQ Facility (43885 South Grimmer Boulevard, Fremont, CA 94538) on the date and time specified in Section 1.5, “Solicitation Timeline.” The meeting shall consist of a review of the solicitation process, required services and submittals. Attendance is not mandatory, but strongly recommended. Proposers also have the option of attending the meeting remotely via WebEx. Instructions to attend the meeting electronically will be provided in response to a written request to Robert Ferro, Senior Buyer ([email protected]). If attending, please RSVP to Robert Ferro, Senior Buyer ([email protected]).

Page 4 of 15 1.9. QUESTIONS AND REQUESTS FOR CLARIFICATIONS Prospective Proposers must carefully examine the Solicitation documents, including terms and conditions of the Agreement. In the event of doubt of anything contained in the Solicitation, all questions or requests for clarification about the meaning or intent, discrepancies or omissions of the RFP documents may be submitted in writing to Robert Ferro, Senior Buyer, Procurement & Contracts Division, Alameda County Water District, 43885 South Grimmer Blvd., Fremont, CA 94538 via mail or email [email protected], until the date and time specified in Section 1.5. Responses to questions and requests for clarification will be posted in the form of an addendum to the District’s website, http://acwd.org/Bids.aspx?CatID no later than the date and time specified in Section 1.5. Only questions answered in a formal written response will be binding. Oral and other interpretations or clarifications will be without legal effect. Any information given to a prospective Proposer by the District will be furnished to all prospective Proposers, if that information is necessary in submitting Proposals, or if the lack of such information would be prejudicial to other prospective Proposers. Bidders are responsible for checking the District’s website for any addenda. The District makes no guarantee that any questions submitted after the deadline will be answered. 1.10. ACKNOWLEDGEMENT OF ADDENDUM / ADDENDA TO THE SOLICITATION Each Proposer shall acknowledge receipt of any addendum / addenda to this Solicitation. Proposers are required to submit the signature page of each addendum, if any, with their Proposal. 1.11. BASIS OF AWARD It is the intent of the District to award an Agreement for Services (Agreement), please refer to Appendix B, to the highest ranked Proposer, in accordance with the evaluation criteria set forth in Section 1.13 “Evaluation Criteria.” In the event a mutually satisfactory Contract cannot be negotiated with the highest ranked Proposer, negotiations may be terminated by the District and commenced with the next highest ranked Proposer. 1.12. PROPOSER’S MINIMUM QUALIFICATIONS AND EXPERIENCE In order to be considered for award, Proposers must meet the following requirements: • Proposers must have experience in reviewing, performing, and/or developing user fee studies, cost of service studies, water rates and charges, cost allocation plans and/or financial planning; • Proposers must have at least five (5) years’ experience (public sector strongly desired) within the United States, preferably in the state of California, providing services similar to those sought in this RFP; • Firms must provide evidence of their experience, in the form of accreditations and/or certificates recognized in the industry as well as any journal articles, conference presentations, etc. that demonstrate leadership in the field;

Page 5 of 15 • Demonstrate a solid understanding of the scope and critical nature of the work, determining best practices in establishing use fees and charges, as well as outstanding technical expertise and excellence in customer service In addition to the minimum requirements described above, Proposer shall provide information about its company so the District can evaluate the firm’s ability to provide the services set forth in this RFP with no conflicts of interest in representing the District’s interests. The District, at its discretion, may require a Proposer to provide additional information and/or clarify requested information: • Conflict of Interest: The District will not consider those firms who: 1) have financial interest or a conflict of interest resulting from any current agreement with CCWD or EBMUD; or 2) have rendered services resulting in the proposed usage fees to be evaluated, or 3) have worked for other project partner agencies specifically on these proposed usage fees. The District will require a conflict of interest waiver for any other contractual relations with the aforementioned agencies 1.13. EVALUATION OF PROPOSALS Proposals will be screened to ensure responsiveness to the requirements of the RFP. The District reserves the right to request additional information and clarifications during the evaluation and selection process from any or all Proposers regarding their proposals. • Technical Evaluation Team A Technical Evaluation Team (TET), which is composed of District staff, or other qualified persons, will review and screen the proposals submitted according to the weighted criteria and process indicated in Section 1.13, “Evaluation Criteria” below. While price is one basic determinant for award, it is not the sole consideration. The TET's composite scores for all steps of the evaluation process will comprise the official record for the proposal evaluation process; individual evaluation records will not be available for public inspection at any point during or after the evaluation process. • Interviews and Presentations Following the initial review and evaluation of proposals, some Proposers may be invited to participate in the next step of the proposal selection process. This may include the submission of additional information, as described below, and/or participation in an oral interview. If the District conducts interviews, they will do so only with those Proposers initially found to be within the “competitive range”. Interviews, if held, are tentatively scheduled on the date specified in Section 1.5 and will be held at the District’s Headquarters, located at 43885 South Grimmer Blvd., Fremont, CA 94538. The District reserves the right to further reduce the “competitive range” at any time during this step of the evaluation and selection process and the District may hold simultaneous discussions with those Proposers that remain in the “competitive range.” Proposers who are no longer in

Page 6 of 15 the “competitive range” will be notified as soon as it is practicable and will not continue in the selection and evaluation process. • References Proposers are required to submit references of three (3) clients (preferably public sector clients in California) for similar services. For each client submitted as a reference, Proposers shall supply a brief description of the services provided, the timeframe services were provided and client contact information. All references will be contacted by the District to obtain answers to questions, as applicable, before an evaluation decision is made. 1.14. EVALUATION CRITERIA The maximum possible total combined score for a proposal is 100 points. • Methodology and Approach to Scope of Services Points: 40 points The Proposer’s overall methodology and approach to successfully providing the Scope of Services will be evaluated. Proposals will be evaluated on, but not limited to:

o Knowledge of industry, regulations, legislative updates and best practices. o Knowledge of the California water industry and the financial practices of water districts in California. o Processes and/or measures for analysis, development and selection of usage fee, and fee structures and levels. o Proposer’s technical approach for usage fee evaluation and ability to prepare and present report and data. o Development of individual tasks, subtasks, deliverables, and schedule of work that identifies the costs and critical milestones for major task elements and strategies proposed to meet project goals and objectives on time. • Qualifications, Experience and References Points: 40 points The capabilities of each Proposer will be assessed by evaluating:

o Firm’s qualifications and experience in providing the specified services for similar operations and/or entities. o Experience with and knowledge of the law relating to the development of rates, usage fees, and charges in the state of California. o Staff qualifications and experience in providing the specified services, as demonstrated by their resumes. o Availability of designated staff, consultants/account representative(s) and other team members assigned to work with the District. o Legal Issues/Conflicts of Interest: Violations of federal, state or local regulations/laws within past three years; pending or current litigation; arrangements with other firms that could pose a conflict of interest. o Sample analyses related to the requested Scope of Services in this RFP.

Page 7 of 15 • Cost Proposal Points: 20 points The proposer submitting the lowest priced cost receives the maximum points allowed. All other proposal receive a percentage of points available based on their cost relationship to the lowest. This is determined by applying the following formula:

× =

𝐿𝐿𝐿𝐿𝐿𝐿𝐿𝐿𝐿𝐿𝐿𝐿 𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶 𝑀𝑀𝑀𝑀𝑀𝑀𝑀𝑀𝑀𝑀𝑀𝑀𝑀𝑀 𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃 𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴 𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴 𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃 𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶 𝐵𝐵𝐵𝐵𝐵𝐵𝐵𝐵𝐵𝐵 𝐸𝐸𝐸𝐸𝐸𝐸𝐸𝐸𝐸𝐸𝐸𝐸𝐸𝐸𝑡𝑡𝑡𝑡𝑡𝑡 Total Possible Points for this RFP = 100 Example: The cost of the lowest proposal is $10,000. The next lowest proposal has a cost of $12,500; the , ) 30 = 24 total number of points available for cost is 30 points. ( , $10 000 $12 500 1.15. DISTRICT’S RIGHTS 𝑥𝑥 𝑝𝑝𝑝𝑝𝑝𝑝𝑝𝑝𝑝𝑝𝑝𝑝 𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎 The District reserves the right do any of the following at any point during the solicitation process: • To cancel this solicitation in whole or in part, at its sole discretion, at any time, • This RFP does not commit the District to award an Agreement, to pay any costs incurred by Proposers in the preparation of their proposals submitted in response to this RFP, • To procure or contract for services. • The District reserves the right to modify or cancel in whole or in part this RFP, • To reject any and all proposals, • To accept the proposal it considers most favorable to the District’s interest at its sole discretion, • To waive irregularities or informalities in any proposal or in the proposal procedures. • Reserve the right to reject all proposals and seek new proposals when the District considers such a procedure to be in its best interest. If there is any evidence indicating that two or more Proposers are in collusion to restrict competition or are otherwise engaged in anti-competitive practices, the proposals of all such Proposers shall be rejected, and such evidence may be a cause for disqualification of the participants in any future solicitations issued by the District. • To hold discussions and/or negotiations with any individual or qualified firm, • To interview or not, to request additional information or revised proposals or to request best and final offers (BAFO) if it is in the best interest of the District to do so. • To make an award without conducting any interviews or negotiations; therefore, Proposers are encouraged to submit their best proposal at the outset.

Page 8 of 15 1.16. SUBMISSION OF PROPOSALS The Proposer shall assume full responsibility for timely delivery at the location designated for receipt of Proposals. If the Proposal is submitted by mail, the sealed envelope, containing the Proposal, shall be addressed to: Robert Ferro, Senior Buyer, Alameda County Water District, Procurement & Contracts Division, 43885 South Grimmer Boulevard, Fremont, CA 94538. The envelope shall include the Proposer’s name and address, RFP Number, and Solicitation Title on the envelope. Mailed Proposals and Proposals delivered by commercial carriers or messenger services shall be received by the District’s Procurement & Contracts Division, where upon delivery each Proposal shall be stamped with the time and date received; but shall not be opened. The only acceptable evidence to establish the time of receipt is the time/date stamp on the envelope or other documentary evidence of receipt maintained by the Procurement & Contracts Division. Any Proposal received after the deadline for receipt will not be opened and considered for evaluation and will be returned to the Proposer unopened. However, an exception may be made when a late Proposal would have been timely but for the action or inaction of District personnel. 1.17. PERIOD FOR ACCEPTANCE OF PROPOSALS In order to allow for adequate evaluation, the District requires a response to this Solicitation to be valid and irrevocable for 90 calendar days after submittal date and time. No Proposer may withdraw a Proposal within 90 days after the Proposal Due Date. Mistake on the part of the Proposer in preparing the Proposal confers no right for the withdrawal of the Proposal after it has been opened. Should there be valid reasons why the Agreement cannot be awarded within the specific period; the time may be extended by mutual agreement between the District and the Proposer. 1.18. MODIFICATION, WITHDRAWAL, MISTAKES, AND MINOR INFORMALITIES • Modification or Withdrawal Proposals may be modified or withdrawn prior to the established due date via email or mail request, submitted in a form and manner that complies with the requirements set forth in this RFP. No Proposal may be withdrawn after the proposal due date for a period of 90 days from the date of the opening. At no time shall the highest ranked proposal be withdrawn. • Mistakes in Proposals (Discovered Before Due Date) A Proposer may correct mistakes in a Proposal prior to the time and date set for due date by submitting a replacement Proposal clearly indicating it supersedes the original submittal, in a form and manner that complies with the requirements set forth in this RFP. 1.19. EX-PARTE COMMUNICATIONS There shall be no communication with any officer, director, employee, or agent of the District. Proposers and Proposers’ representatives must communicate in the manner set forth in this RFP.

Page 9 of 15 Nothing herein prohibits Proposers and their representatives from making oral statements or presentations in public to one or more representatives of the District during a public meeting. 1.20. CONFIDENTIALITY All responses to this RFP become property of the District and will be kept confidential until a recommendation for award of a contract has been announced. Thereafter, submittals are subject to public inspection and disclosure under the California Public Records Act (Cal. Govt. Code Sections 6250 et seq). Therefore, unless the information is exempt from disclosure by law, the content of any proposal, request for explanation, exception, or substitution, response to these specifications, protest, or any other written communication between the District and any Proposer regarding the procurement, shall be available to the public. If Proposer believes any communication contains trade secrets or other proprietary information that the Proposer believes would cause substantial injury to the Proposer’s competitive position if disclosed, the Proposer shall request that the District withhold from disclosure the proprietary information by marking each page containing such proprietary information as confidential. By submitting a proposal with portions marked “confidential,” a Proposer represents it has determined such portions qualify for exemption from disclosure under the California Public Records Act. A Proposer may not designate its entire Proposal as confidential nor may a Proposer designate its Cost Proposal as confidential. The District will not honor such designations and will disclose submittals so designated to the public. If Proposer requests that the District withhold from disclosure information identified as confidential, and the District complies with the Proposer’s request, Proposer shall assume all responsibility for any challenges resulting from the non-disclosure, indemnify and hold harmless the District from and against all damages (including but not limited to attorneys’ fees that may be awarded to the party requesting the Proposer information), and pay any and all costs and expenses related to the withholding of Proposer information. Proposer shall not make a claim, sue, or maintain any legal action against the District or its directors, officers, employees, or agents concerning the withholding from disclosure of Proposer information. If Proposer does not request that the District withhold from disclosure information identified as confidential, the District shall have no obligation to withhold the information from disclosure and may release the information sought without any liability to the District.

2. SCOPE OF SERVICES 2.1. PURPOSE AND BACKGROUND The Contra Costa Water District (CCWD) and East Bay Municipal Utility District (EBMUD) have proposed “usage fees” that will be paid by the Local Agency Partners (LAP) for the use of certain existing CCWD and EBMUD facilities as part of the Phase 2 Los Vaqueros Reservoir Expansion Project (Project). See Appendix C for the CCWD and EBMUD memos that describe the proposed usage fees. Proposed usage fees are focused on the existing and modified facilities. CCWD usage

Page 10 of 15 fees include a Capacity Usage Fee, Storage Capacity Usage Fee, Renewal/Replacement (Wear & Tear) Usage Fee, and Operations and Maintenance. EBMUD usage fees include a facility use charge, costs for conveyance, Freeport facilities start-up and shutdown, Relining, and Walnut Creek Pumping Plant VFD Project. Appendix D includes a high level project overview as well as a detailed project description that was included in the funding application submitted for the Water Storage Investment Program (part of Proposition 1 passed in 2014). The more detailed project description includes a description of the existing and new or modified facilities that are part of the project. 2.2. SCOPE OF SERVICES Consultant will provide an independent financial review and provide an opinion on the usage fees proposed by CCWD and EBMUD to determine whether a) the usage fees represent a fair and appropriate allocation of expenses among all parties, including the LAPs, CCWD, and EBMUD, and b) the methodology and approach used to calculate those fees are based on industry standards. Consultant shall further identify, describe, and evaluate potential alternative approaches to developing usage fees for existing facilities as part of the Work. Consultant will perform, but not be limited to, the following tasks: A. Review CCWD and EBMUD usage fees identified above as well as other relevant information provided by ACWD and determine whether the fees represent fair and appropriate allocation of expenses to the LAPs and the methodologies and approaches used to calculate the fees are consistent with industry standards. Issues to evaluate include, but are not limited to:

o Basing the fees on debt service interest and whether interest paid at the 15-year mark on a 30-year issuance with 4% interest is a reasonable allocation of expenses to the LAPs. Further, identify if there are industry precedents that support this methodology. o Including principal as well as interest in a ‘rental’-based usage fee. o Allocating fixed costs for existing facilities as part of the usage fees and evaluating estimated fixed costs. o Whether it’s reasonable to charge both a capacity fee and a renewal/replacement fee for the same facility and whether it’s reasonable to charge a capacity fee based on water deliveries. o The reasonableness of a Storage Capacity Usage Fee for the existing dam as well as basing the fee on CCWD’s proportion of capacity of the expanded reservoir. B. Describe and evaluate different potential approaches to developing usage fees including, but not necessarily limited to, alternative rental-based approaches and cost-based approaches. C. Describe and evaluate potential approaches to developing a usage fee for the existing Los Vaqueros Dam (Storage Capacity Usage Fee). D. Calculate potential ranges of usage fees based on the analysis conducted in item A and the approaches identified in items B and C. This item should be broken into separate sections as follows:

Page 11 of 15 o Los Vaqueros Dam, Rock Slough Facilities, and Freeport Intake. o All other usage fees o Potential alternatives to per acre-foot charges for allocating costs to the LAPs E. Proposed usage fees are based on a facility utilization factor of 32%, which represents average usage across all facilities. Calculate the potential impact of basing usage fees on facility- specific utilization. Additionally, propose alternative approaches to setting fees other than strictly based on the facility utilization factor. F. CCWD and EBMUD retain top operational priority for existing facilities and CCWD will also receive certain operational benefits as a result of the Project. Describe potential approaches to account for the LAPs secondary rights to use facilities in developing usage fees and options to incorporate CCWD operational benefits into the Project’s financial analysis. G. Prepare a final report. 2.3. MEETINGS The District anticipates the following meetings, which may be telephonic, video or in person, and will coordinate the same with the LAPs, CCWD and EBMUD, if applicable. Each meeting must include sufficient time for a question and answer period: • Kickoff Meeting (telephonic, video or in-person) • Update of the Financial Review (telephonic, video or in-person) • Four (4) Progress Meetings (telephonic or in person) • Preliminary Findings Meeting (telephonic video or in person)

o A copy of the presentation or memo for this meeting must be provided to ACWD at least five business days in advance • Draft Report Review (telephonic video or in person) • Final Presentation (telephonic video or in person)

o A copy of the final presentation and report must be provided to ACWD at least five days in advance 2.4. DISTRICT RESPONSIBILITIES The District shall be responsible for the following: • Ensure that requests for additional information and/or documentation from either CCWD or EBMUD are answered in a timely manner. • Access to District staff, as required, to complete work identified in Section 2.4, “Scope of Services.” • Coordination with CCWD, EBMUD, and all other Los Vaqueros Expansion Project partners, as more fully identified in Appendix D. The District is managing this financial analysis on behalf of all project partners.

Page 12 of 15 • Provide a timely review of Consultant’s work, including response to draft report.

3. PROPOSAL CONTENT AND SUBMITTAL 3.1. PROPOSAL CONTENT The intent of this RFP is to encourage responses that clearly communicate the Proposer’s understanding of the requirements of this RFP and the Agreement for Services and its implementation. Submission of a proposal indicates acceptance by a firm of the conditions contained in this RFP, unless otherwise indicated in the proposal. In order to facilitate the Proposer’s preparation of its proposal and the District’s review of the same; proposals shall be limited to fifteen (15) pages, not including the Letter of Introduction, table of contents, single page resumes of personnel selected for the project, certifications, work plan, and other required forms. Proposals should be prepared on recycled content paper, where possible. Proposers are required, if able, to submit double-sided proposals. Proposals should provide the requested information in a concise, well-organized manner and should follow the format outlined below. • Letter of Introduction A signed Letter of Introduction, on company letterhead, introducing the firm and summarizing the firm’s qualifications. It should clearly state the firm’s understanding of the requirements under this RFP and highlight any unique qualifications. • Table of Contents Include a Table of Contents displaying the organization of the proposal being submitted. • Proposer’s Qualifications and Experience The following information should be included in the proposal:

o Qualifications and Experience of Company Describe the firm, its size and organization, the number and location of offices, and general operational structure, as well as its management and technical personnel. Identify services the firm has provided to other public entities. Describe those aspects of the firm that pertain to the ability to provide superior service for the scope of services described under this RFP. Evidence of certification and licenses, if applicable, must be submitted.

o Qualifications and Experience of Personnel The individuals assigned to perform services will be an important factor considered by the Evaluation Committee. Provide the names of individuals who would be directly engaged in the performance of the scope of services. Identify the personnel and outline the Consultant’s capacity to successfully perform the desired services. There can be no change of personnel, once a contract has been awarded, without the prior approval of the District. For each of these individuals, please submit:

Page 13 of 15  The number of years of experience providing the desired services, which must be a minimum of five (5) years.  A summary of their experience providing similar services for public agency clients, professional affiliations, licensures and certifications.  Provide resumes for the proposed personnel. Resumes shall not count towards the 15 page limit. • Approach to Scope of Services The proposal should set forth a comprehensive description of the approach to providing the Services required in Section 2.4“Scope of Services” and should clearly demonstrate an understanding of the District’s requirements. Provide a detailed work plan, including proposed deliverables, and preliminary schedule identifying the major tasks and activities to be performed, personnel to be assigned and the estimated completion date for each task/activity should also be addressed. • Cost Proposal Proposers must submit a not-to-exceed cost proposal for the complete scope of work, which should include a breakdown of the level of effort for each of the phases of the project, along with the corresponding hourly rates for each consultant. The fully loaded rates should include all possible costs, direct and indirect costs, travel, and any other expenses. Proposer may also include additional recommended services, if desired, which should be clearly identified as optional services and should be included as separate line items in the cost proposal. The hourly rate quoted in the cost proposal shall also be made available to the LAPs, CCWD, and EBMUD should they request additional briefings or related work. Any such additional work shall be agreed upon and contracted directly with the requesting entity. • Exceptions to RFP Documents Submittal of a proposal shall be deemed as acceptance of all the terms set forth in this RFP and the Services Agreement; unless the Proposer includes with its proposal, any and all exceptions or modifications. Such exceptions and modifications shall be set forth in the Exceptions to Solicitation Documents form located in Appendix A. The District will not consider any exceptions received after the proposal due date. • All Required Forms Submit all the required forms provided in this solicitation, as set forth in Appendix A “Forms,” and all required submittals set forth in this RFP.

Page 14 of 15 3.2. PROPOSAL SUBMITTAL • Submission of Proposals In order for firms to be considered for award the following submittals are to be included with Proposer’s response. Proposals shall be submitted in a sealed envelope or package, clearly identified with “RFP18/19-60 Financial Consulting Services for Third Party Review of Usage Charge Fee” and addressed to: Robert Ferro, Senior Buyer Procurement & Contracts Division Alameda County Water District 43885 South Grimmer Boulevard Fremont, CA 94538 Proposals must be received in the Procurement & Contracts Division before the date and time specified in Section 1.5. Proposals received after this time will not be considered for award and will be returned unopened. • Hard Copies Proposers must submit one (1) original and four (4) hard copies of their proposal. • Electronic Media Proposers shall also submit one (1) USB Flash Drive in Microsoft Word and searchable PDF format of the complete Proposal. • Proposal including Table of Contents and Letter of Introduction • Cost Proposal • All required Forms, located in Appendix A • Acknowledgement of Addenda, if applicable • Evidence of Insurance (Insurance requirements located in Appendix B)

4. APPENDICES

Page 15 of 15

Appendix A Forms

Appendix A- Forms

PROPOSER QUALIFICATION FORM

This Statement is to accompany the proposal submitted in response to RFP18/19-60, for Financial Consulting Services for Third-Party Review of Usage Charge Fees.

I certify that the following information submitted is true and correct:

The company has been engaged in performing similar services to those under this Solicitation within the United States for a minimum of five (5) years.

1. NAME OF PROPOSER: ______

2. BUSINESS ADDRESS: ______

______

3. TELEPHONE NO.: ______

4. EMAIL: ______

5. OFFICIAL REP. & TITLE: ______

6. SIGNATURE: ______

7. DATE: ______

Appendix A- Forms

REFERENCES FORM

Please provide three (3) references for contracts of similar scope and size within the past five (5) years. These customers may be contacted by the District. Responses will be considered by the District during the proposal evaluation process.

1. Name: ______

Address: ______

City, State, Zip: ______

Telephone /Email: ______

Contact Person and Role: ______

Brief Description: ______

______

2. Name: ______

Address: ______

City, State, Zip: ______

Telephone /Email: ______

Contact Person and Role: ______

Brief Description: ______

______

3. Name: ______

Address: ______

City, State, Zip: ______

Telephone /Email: ______

Contact Person and Role: ______

Brief Description: ______

______

Appendix A- Forms

EXCEPTIONS TO SOLICITATION DOCUMENTS-

Submittal of a proposal shall be deemed acceptance of all the requirements and terms set forth in this RFP and the sample Agreement, respectively, unless the Proposer includes with its proposal, in writing, any exceptions or modifications requested by the Proposer to this RFP or the sample Agreement. Please select one of the two options below.

 I, ______, an authorized representative of ______, have read, understand and confirm my acceptance of all the requirements of the District’s RFP and the terms of its sample Agreement without any exceptions.

 I, ______, an authorized representative of ______, have read the requirements of the District’s RFP and the terms of its sample Agreement and hereby stipulate the following exceptions:

Appendix A- Forms

NON-COLLUSION AFFIDAVIT

I, ______, am the (Print Name)

______of ______, (Position/Title) (Name of Company)

the party making the foregoing proposal (the “Proposer”) that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the Proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham bid; and has not directly or indirectly colluded, conspired, connived, or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from proposing; that the Proposer has not in any manner directly or indirectly, sought by Agreement, communication, or conference with anyone to fix the cost proposal of the Proposer or any other proposer, or to fix any overhead, profit, or cost element of the cost proposal, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the Agreement; that all statements contained in the proposal are true; and, further, that the Proposer has not, directly or indirectly, submitted his or her cost proposal or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct:

Print or Type Name: ______

Authorized Signature: ______

Company Name: ______

Date: ______

Appendix A- Forms

NON-CONFLICT OF INTEREST FORM

I, ______, am the (Print Name)

______of ______, (Position/Title) (Name of Company)

the party making the foregoing proposal (the “Proposer”) hereby certify that the aforementioned Proposer does not: 1) have a financial interest or a conflict of interest resulting from any current agreements with Contra Costa Water District (CCWD) or East Bay Municipal Utility District (EBMUD); or 2) have rendered services resulting in the proposed usage fees to be evaluated, or 3) have worked for other project partner agencies specifically on these proposed usage fees. Furthermore, should the District require any additional conflict of interest waivers for any other contractual relationships with the aforementioned agencies, Proposer shall provide said waivers if requested.

Print or Type Name: ______

Authorized Signature: ______

Company Name: ______

Date: ______

Appendix B Sample Agreement

Appendix B – Sample Agreement

AGREEMENTU FOR SERVICES THIS AGREEMENT is made by and between the ALAMEDA COUNTY WATER DISTRICT ("DISTRICT") located at 43885 South Grimmer Boulevard, Fremont, CA 94538 and XXXXXX ("CONSULTANT"), located at XXXXXXXXXXXX (“PARTIES”). WHEREAS, the DISTRICT desires to obtain consulting services (Services) and issued a Request for Proposals RFPXX/XX-XX XXXXXXXXXX, dated XXXXX, a copy of which is attached and incorporated as Attachment 1. WHEREAS, the CONSULTANT is ready, willing and able to furnish such services and has submitted a proposal dated, XXXXXX, a copy of which is attached and incorporated as Attachment 2. WHEREAS, the DISTRICT may be the recipient of certain State funds, which may be disbursed to the CONSULTANT in payment for Services rendered. CONSULTANT hereby acknowledges and agrees to comply with any and all State required terms contained herein (terms 24 thru 35). NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:

1. RENDITIONU OF SERVICES The CONSULTANT agrees to provide professional services to the DISTRICT in accordance with the terms and conditions of this Agreement. CONSULTANT represents that it will exercise the same degree of professional care, skill, efficiency, and judgment ordinarily used by consultants providing similar professional services. CONSULTANT at all times will comply with all federal, state, and local laws, regulations and policies applicable to the services performed pursuant to this Agreement.

2. SCOPEU OF SERVICES The scope of the CONSULTANT’s services is set forth in Attachment 1, as supplemented by Attachment 2. However, to the extent that Attachment 2 is inconsistent with Attachment 1, Attachment 1 will govern over Attachment 2.

3. TERMU OF AGREEMENT The term of this Agreement will commence upon the DISTRICT's issuance of a written Notice to Proceed (NTP) and conclude upon final acceptance, by the DISTRICT, of the completed work It is further understood that the base term of the Agreement or any option terms granted thereto are subject to the DISTRICT's right to terminate the Agreement in accordance with Section 15 of this Agreement.

4. OWNERSHIPU OF WORK All reports, designs, drawings, plans, specifications, and other materials prepared, or in the process of being prepared, by CONSULTANT, its employees, subcontractors, or agents under this Agreement (“Work Product”) shall be and are the property of the DISTRICT. The DISTRICT shall be entitled to access and to copy the Work Product during the progress of the work. If requested by DISTRICT, CONSULTANT shall deliver one copy of the Work Product

1

remaining in the hands of the CONSULTANT, or in the hands of any subcontractor, upon completion or termination of the work. CONSULTANT assigns to DISTRICT all right, title, and interest in and to the Work Product, including ownership of copyright in the Work Product. The DISTRICT may utilize any material prepared or work performed by CONSULTANT pursuant to this Agreement, including computer software, in any manner which the DISTRICT deems proper without additional compensation to CONSULTANT. CONSULTANT shall have no responsibility or liability for any revisions, changes, or corrections to the Work Product made by the DISTRICT, nor for any use or reuse of the Work Product for any purpose other than the Work unless CONSULTANT accepts such responsibility in writing. The CONSULTANT shall not disclose Work related data or information without the prior written consent of the DISTRICT.

5. USEU OF SUBCONTRACTORS U CONSULTANT shall not subcontract any Services to be performed under this Agreement without the prior written approval of the DISTRICT. CONSULTANT may subcontract with service firms engaged in drawing, reproduction, typing and printing without the prior written consent of the DISTRICT. CONSULTANT shall be solely responsible for reimbursing any subcontractor and the DISTRICT shall have no obligation to them.

6. CHANGESU The DISTRICT may, at any time, by written order, make changes within the scope of work and services described in this Agreement. If such changes cause an increase or decrease in the budgeted cost of or the time required for performance of the agreed upon work, an equitable adjustment as mutually agreed shall be made in the limit on compensation as set forth in Section 9 or in the term of the Agreement as set forth in Section 3, or both. In the event that CONSULTANT encounters any unanticipated conditions or contingencies that may affect the scope of work or services and result in an adjustment in the amount of compensation specified herein, CONSULTANT shall so advise the DISTRICT immediately upon notice of such condition or contingency. The written notice shall explain the circumstances giving rise to the unforeseen condition or contingency and shall set forth the proposed adjustment in compensation. This notice shall be given to the DISTRICT prior to the time that CONSULTANT performs work or services related to the proposed adjustment in compensation. The pertinent changes shall be expressed in a written supplement to this Agreement prior to implementation of such changes.

7. RESPONSIBILITY;U INDEMNIFICATION To the fullest extent permitted by law, CONSULTANT shall indemnify, keep and save harmless the DISTRICT, and its board members, officers, agents, and employees against any and all suits, claims, actions, damages, liabilities, costs, and expenses (collectively, “Liabilities”) for any personal injury (including death, bodily injury, emotional or mental distress, and loss of consortium), property

Rev. 2016 Page 2 of 14

damage, intellectual property infringement, or financial or economic loss that arises out of, pertains to, or relates to the negligence, recklessness, or the willful misconduct of the CONSULTANT, its employees, subcontractors, or agents to the extent that such Liabilities arise out of the performance (or non-performance) of this Agreement. This duty to indemnify includes any proceedings, actions, damages, or penalties due to the violation of any governmental law or regulation, the compliance with which is the responsibility of the CONSULTANT, its employees, subcontractors, or agents. CONSULTANT further agrees to defend any and all such actions, suits, or claims, and pay all charges of attorneys and all other incurred costs and expenses relating to the investigation, defense, negotiation, or settlement of any action, suit, or claim, and to reimburse the DISTRICT for any and all legal and other costs and expenses incurred by the DISTRICT in connection with the defense of such actions, suits, or claims. If any judgment is rendered against the DISTRICT or any of the other individuals enumerated above in any such action, CONSULTANT shall, at its expense, satisfy and discharge the same to the extent that the judgment is based on the CONSULTANT’s agreement to indemnify as set forth in this section. This indemnification obligation will survive the termination or expiration of this Agreement. CONSULTANT shall require its subcontractors to similarly indemnify, defend, and keep and save harmless, the DISTRICT.

8. INSURANCEU U The CONSULTANT will be required to secure insurance as indicated below.

A. UInsurance Requirements:U The CONSULTANT shall, at their expense, procure and maintain during the life of the Contract all the insurance on all of their operations in companies acceptable

to the DISTRICT, as required by this section, and shall submit CertificatesU of Insurance U to the DISTRICT. The notice to proceed shall not be issued, and the CONSULTANT shall not commence work until such insurance has been approved by the DISTRICT. Acceptance of the Certificates shall not relieve the CONSULTANT of any of the insurance requirements, nor decrease the liability of the CONSULTANT. The DISTRICT reserves the right to require the

CONSULTANT to provide UInsurance Policies U for review by the DISTRICT in the event there is a dispute regarding the scope and coverage of insurance.

B. WorkersU ’ Compensation Insurance:U The CONSULTANT shall take out and maintain during the

life of the Contract, UWorkers’ Compensation and Employers’ Liability Insurance for all

employees U onU the project.U Employers’ liability insurance shall be provided in amounts not less than $1,000,000 each accident for bodily injury by accident, $1,000,000 policy limit for bodily injury by disease, and $1,000,000 each employee for bodily injury by disease. In lieu of evidence of Workers’ Compensation Insurance, the DISTRICT will accept a Self-Insuring

Certificate from the State of California. TheU CONSULTANT shall require any subcontractor to

provide evidence U UofU Workers’ Compensation and Employers’ Liability Insurance, all in strict

compliance with U CaliforniaU State Laws.U

C. GeneralU Liability Insurance:U The CONSULTANT shall also secure and maintain during the life of the Contract such General Liability Insurance and shall protect the District, its directors, officers, employees, and agents from claim which may arise from operations under this Contract,

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whether such operations are by itself, by any subcontractor, or by anyone directly or indirectly

employed by either of them. CONSULTANT shall carry Comprehensive General Liability orU U Commercial General Liability insurance covering all operations by or on behalf of DISTRICT for bodily injury, property damage, and personal injury liability for the limits of liability indicated below and including, but not limited to, coverage for: premises and operations; products and completed operations; contractual liability insuring the obligations assumed by CONSULTANT in this contract; broad form property damage (including completed operations); bodily injury; property damage; arrest, false imprisonment, malicious prosecution, defamation of character, libel and slander alleged to have been caused by CONSULTANT or employees of CONSULTANT or subcontractors; personal injury liability. Except with respect to bodily injury and property damage included within the products and completed operations hazards, the aggregate limits where applicable, shall apply separately to CONSULTANT’s work under this Contract. This Liability Insurance shall be in an amount not less than $1,000,000 for each occurrence, $1,000,000 for each occurrence for work on public roadways. Contractors performing construction work shall carry the required Commercial General Liability Insurance for ten (10) years following completion of CONSULTANT’s work under this Contract and CONSULTANT shall furnish Certificates of Insurance to DISTRICT at the inception of each of these subsequent policies for ten (10) years as evidence of this required insurance. Broad form property damage liability must be afforded. Permission is granted for deductible which shall not exceed $25,000 without approval of the DISTRICT. 1) One of the following coverage forms is required: a. Comprehensive General Liability Commercial b. General Liability (Occurrence) 2) If CONSULTANT carries a Comprehensive General Liability policy, the limits of liability shall not be less than a Combined Single Limit for bodily injury, property damage and Personal Injury Liability of: a. $1,000,000 each occurrence b. $2,000,000 Aggregate 3) If CONSULTANT carries a Commercial General Liability (Occurrence) policy, the limits of liability shall not be less than:

Rev. 2016 Page 4 of 14

a. $1,000,000 each occurrence (combined single limit for bodily injury and property damage) b. $1,000,000 for Personal Injury Liability c. $2,000,000 Aggregate for Products-Completed Operations d. $2,000,000 General Aggregate If the policy does not have an endorsement providing that the General Aggregate Limit applies separately to this Contract or if Defense Costs are included in the aggregate limits, then the required aggregate limits shall be $2,000,000.

4) WithU respect to whichever general liability policy form is furnished, DISTRICT, its

officers,U directors,U employees and agents shall be named as Additional Insured per

Additional U UInsured Endorsement CG20 10 10 93 or equivalent. U ThisU Endorsement is to be

attachedU toU insurance certificates submitted to the DISTRICT.U The policy shall stipulate that the insurance afforded the Additional Insured shall apply as primary insurance and that any other insurance carried by DISTRICT, its officers, directors, employees and agents will be excess only and will not contribute with Contractors insurance. Exclusions of contractual liability as to bodily injuries, personal injuries and property damage MUST BE ELIMINATED from the basic policy and endorsements.

D. AutomobileU Liability Insurance:U The CONSULTANT shall take out and maintain during the life of the Contract, Automobile Liability Insurance (Bodily Injury and Property Damage Liability) including coverage for all owned, hired, rented, leased and non-owned automobiles. The limits of liability shall be not less than $1,000,000 Combined Single Limit for each accident and $1,000,000 for each occurrence for work on public roadways.

1) UIf a CONSULTANT’s vehicle is used in the performance of work on DISTRICT property or

at a U jobsiteU then with respect to the automobile liability policy that is furnished, DISTRICT,

its U officers,U directors, employees and agents shall be named as Additional Insured. U The policy shall stipulate that the insurance afforded the Additional Insured shall apply as primary insurance and that any other insurance carried by DISTRICT, its officers, directors, employees and agents will be excess only and will not contribute with this insurance. The policy must cover complete contractual liability. Exclusions of contractual liability as to bodily injuries, personal injuries and property damage MUST BE ELIMINATED from the basic policy and endorsements.

E. ProfessionalU Liability Insurance.U CONSULTANT also shall maintain Professional Liability Insurance covering CONSULTANT’s performance under this Agreement with a limit of liability of One Million Dollars ($1,000,000) for any one claim.

F. CrimeU Insurance:U CONSULTANT also shall secure and maintain Crime Insurance with annual limits of liability of not less than One Million Dollars ($1,000,000.00), including coverage for: (1) employee theft; and (2) transfer fraud.

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G. CertificatesU of InsuranceU: Certificates of Insurance shall be furnished by CONSULTANT to

DISTRICT beforeU U any work is commenced hereunder by CONSULTANT. The Certificate of Insurance shall provide that there will be no cancellation, reduction or modification of coverage

without thirty (30) days prior written notice to DISTRICT. UDISTRICT is to be notified if

insurance is cancelled for U anyU reason.U If CONSULTANT does not comply with this Section, DISTRICT may, at its option, provide insurance coverage to protect DISTRICT and charge CONSULTANT for the cost of that insurance. The required insurance shall be subject to the approval of the DISTRICT, but any acceptance of insurance certificates by DISTRICT shall not limit or relieve CONSULTANT of the duties and responsibilities assumed by it under this Contract. H. Waiver of Subrogation - The referenced policies and any Excess or Umbrella policies, where applicable, shall contain a waiver of subrogation in favor of the Alameda County Water District and their respective directors, officers, employees, volunteers and agents while acting in such capacity, and their successors or assignees, as they now or as they may hereafter be constituted, singly, jointly or severally.

I. DeductiblesU and Self-insured Retention:U Any deductibles or self-insured retention must be declared to ACWD. J. DISTRICT and CONSULTANT waive all rights against each other and against all other contractors for loss or damage to the extent covered by Builder’s Risk or any other property or equipment insurance applicable to the work, except such rights as they may have to the proceeds of such insurance. If the policies of insurance referred to in this Section require an endorsement or consent of the insurance company to provide for continued coverage where there is a waiver of subrogation, the owners of such policies will cause them to be endorsed or obtain such consent. K. The requirement for carrying insurance hereunder is cumulative and shall not be in derogation of other provisions of this Contract.

L. UInsurance carrier must have a Best’s Rating of “A-VII” or better.U IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements(s).

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9. COMPENSATIONU The CONSULTANT agrees to perform all of the work set forth in Attachment 1 further supplemented by Attachment 2, on a firm fixed-fee basis for a not to exceed amount of ($XXXXXXX). The amount shall include all labor, materials, taxes, profit, overhead, insurance, travel, subcontractor costs, and all other costs and expenses incurred by the CONSULTANT.

10. MANNERU OF PAYMENT Payment shall be made upon approval of invoices, no more than once a month. All invoices shall reference the Agreement number. The DISTRICT shall make payments to the CONSULTANT for satisfactory Services performed and the costs of such services within thirty (30) calendar days from the date the DISTRICT receives the CONSULTANT’s invoice. All invoices and supporting documentation, clearly identifying the Agreement number, shall be submitted by email, addressed to NameXXXXXX, XXXX TitleXXXXX [email protected].

11. CONSULTANTU ’S STATUS Neither the CONSULTANT nor any party contracting with the CONSULTANT shall be deemed to be an agent or employee of the DISTRICT. The CONSULTANT is and shall be an independent contractor, and the legal relationship of any person performing services for the CONSULTANT shall be one solely between that person and the CONSULTANT.

12. ASSIGNMENTU CONSULTANT shall not assign any of its rights nor transfer any of its obligations under this Agreement without the prior written consent of DISTRICT.

13. DISTRICTU WARRANTIES U The DISTRICT makes no warranties, representations or agreements, either expressed or implied, beyond such as are explicitly stated in this Agreement.

14. DISTRICTU REPRESENTATIVES U Except when approval or other action is required to be given or taken by the Board of Directors of the DISTRICT, the General Manager of the DISTRICT, or such person or persons as the General Manager shall designate in writing from time to time, shall represent and act for the DISTRICT on the day to day activities under this Agreement. For strictly contractual matters relating to this Agreement, an authorized representative of the Procurement and Contracts Division, shall represent and act for the DISTRICT.

15. TERMINATIONU U The DISTRICT shall have the right to terminate this Agreement at any time for cause or convenience by giving written notice to the CONSULTANT. Upon receipt of notice of termination for convenience, the CONSULTANT shall not commit itself to any further expenditure of time or resources. Upon receipt of notice of default, CONTRACTOR shall be afforded thirty (30) days to

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correct the identified deficiency(ies). If said deficiency(ies) are not corrected to the DISTRICT’s satisfaction, the Agreement will be terminated immediately. If the Agreement is terminated for any reason other than a default by CONSULTANT, the DISTRICT shall pay to CONSULTANT in accordance with the provisions of Sections 9 and 10 all sums actually due and owing from DISTRICT for all services satisfactorily performed up to the day written notice of termination is given, plus any costs reasonably and necessarily incurred by CONSULTANT to effect such suspension or termination. If the Agreement is terminated for default, the DISTRICT shall remit final payment to CONSULTANT in an amount to cover only those services performed in full accordance with the terms and conditions of this Agreement up to the effective date of termination.

16. MAINTENANCE,U AUDIT, AND INSPECTION OF RECORDS The CONSULTANT shall permit the authorized representatives of the DISTRICT to inspect, audit, make copies and transcriptions of books and all data and records of the CONSULTANT relating to its performance under the Agreement, if requested.

17. RELEASEU OF INFORMATION CONSULTANT shall not release any reports or other information prepared in connection with this Agreement without the approval of the General Manager.

18. KEYU PERSONNEL ______shall serve as the primary staff person of CONSULTANT to oversee all of the services under this Agreement. The other principal participants shall be individuals identified by position title in Attachment 2.

19. NOTICESU All communications relating to the day to day activities of the project shall be exchanged between the DISTRICT’s Contract Administrator and the CONSULTANT’s Account Manager. All other notices and communications deemed by either party to be necessary or desirable to be given to the other party shall be in writing and may be given by personal delivery to a representative of the parties or by mailing the same postage prepaid, addressed as follows: If to the DISTRICT: Alameda County Water District 43885 South Grimmer Blvd Fremont, California 94538 Attention: Procurement & Contracts Division

If to the CONSULTANT: XXXXXXX XXXXXXX XXXXXXX Attention: XXXXXXX

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The address to which mailings may be made may be changed from time to time by mailed notice as described above. Any notice given by mail shall be deemed given on the day after that on which it is deposited in the United States Mail as provided above.

20. ATTORNEYSU ’ FEES If any legal proceeding should be instituted by either of the parties to enforce the terms of this Agreement or to determine the rights of the parties under this Agreement, the prevailing party in said proceeding shall recover, in addition to all court costs, reasonable attorneys’ fees.

21. APPLICABLEU LAW This Agreement, its interpretation and all work performed under it shall be governed by the laws of the State of California, venue the courts of the County of Alameda.

22. BINDINGU ON SUCCESSORS U All of the terms, provisions and conditions of this Agreement shall be binding upon and inure to the benefit of the parties and their respective successors, assigns and legal representatives.

23. SEVERABILITYU Should any provision, or portion of a provision, herein be found or deemed to be invalid, this Agreement shall be construed as not containing such provision, or portion of such provision, and all other provisions which are otherwise lawful shall remain in full force and effect, and to this end the provisions of this Agreement are declared to be severable. 24. AUDITS State reserves the right to conduct an audit at any time between the execution of this Funding Agreement and the completion of the Project, with the costs of such audit borne by State. After completion of the Project, State may require Funding Recipient to conduct a final audit to State’s specification, at Funding Recipient’s expense, such audit to be conducted by and a report prepared by an independent Certified Public Accountant. Failure or refusal by funding Recipient to comply with this provision shall be considered a breach of the Funding Agreement, and State may elect to pursue any remedies provided in Paragraph 14 (Default Provisions) or take a ny other action it deems necessary to protect its interests. 25. COMPETITIVE BIDDING AND PROCUREMENTS Funding Recipient shall comply with all applicable laws and regulations regarding securing competitive bids and undertaking competitive negotiations in Funding Recipient's contracts with other entities for acquisition of goods and services and construction of public works with funds provided by State under this Funding Agreement. 26. CONFLICT OF INTEREST All participants are subject to State and Federal conflict of interest laws. Failure to comply with these laws, including business and financial disclosure provisions, will result in the application being

Rev. 2016 Page 9 of 14

rejected and any subsequent contract being declared void. Other legal action may also be taken. Applicable statutes include, but are not limited to Government Code section 1090 and Public Contract Code sections 10410 and 1041 1, for State conflict of interest requirements. A. Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall contract on his or her own behalf as an independent contractor with any State agency to provide goods or services. B. Former State Employees: For the two-year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by any State agency. For the twelve¬ month period from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the proposed contract within the twelve-month period prior to his or her leaving State service. C. Employees of the Funding Recipient: Employees of the Funding Recipient shall comply with all applicable provisions of law pertaining to conflicts of interest, including but not limited to any applicable conflict of interest provisions of the California Political Reform Act (Government Code section 87100 et seq.). D. Employees and Consultants to the Funding Recipient: Individuals working on behalf of a Funding Recipient may be required by the State to file a Statement of Economic Interests (Fair Political Practices Commission Form 700) if it is determined that an individual is a consultant for Political Reform Act purposes. 27. DELIVERY OF INFORMATION, REPORTS, AND DATA Funding Recipient agrees to expeditiously provide throughout the term of this Funding Agreement, such reports, data, information, and certifications as may be reasonably required by State. 28. DRUG-FREE WORKPLACE CERTIFICATION Certification of Compliance: By signing this Funding Agreement, Funding Recipient, its contractors or subcontractors hereby certify, under penalty of perjury under the laws of State of California, compliance with the requirements of the Drug-Free Workplace Act of 1990 (Government Code section 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions: A. Publish a statement notifying employees, contractors, and subcontractors that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, contractors, or subcontractors for violations, as required by Government Code section 8355.

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B. Establish a Drug-Free Awareness Program, as required by Government Code section 8355 to inform employees, contractors, or subcontractors about all of the following: 1) The dangers of drug abuse in the workplace, 2) Funding Recipient's policy of maintaining a drug-free workplace, 3) Any available counseling, rehabilitation, and employee assistance programs, and 4) Penalties that may be imposed upon employees, contractors, and subcontractors for drug abuse violations. C. Provide, as required by Government Code section 8355, that every employee, contractor, and/or subcontractor who works under this Funding Agreement: 1) Will receive a copy of Funding Recipient's drug-free policy statement, and 2) Will agree to abide by terms of Funding Recipient's condition of employment, contract or subcontract. 29. INDEPENDENT CAPACITY Funding Recipient, and the agents and employees of Funding Recipients, in the performance of the Funding Agreement, shall act in an independent capacity and not as officers, employees, or agents of the State. 30. INSPECTION OF BOOKS, R ECORDS, AND REPORTS During regular office hours, each of the parties hereto and their duly authorized representatives shall have the right to inspect and to make copies of any books, records, or reports of either party pertaining to this Funding Agreement or matters related hereto. Each of the parties hereto shall maintain and shall make available at all times for such inspection accurate records of all its costs, disbursements, and receipts with respect to its activities under this Funding Agreement. Failure or refusal by Funding Recipient to comply with this provision shall be considered a breach of this Funding Agreement, and State may withhold disbursements to Funding Recipient or take any other action it deems necessary to protect its interests. 31. INSPECTIONS OF PROJECT BY STATE State shall have the right to inspect the work being performed at any and all reasonable times during the term of the Funding Agreement. This right shall extend to any subcontracts, and Funding Recipient shall include provisions ensuring such access in all its contracts or subcontracts entered into pursuant to its Funding Agreement with State. 32. LABOR CODE COMPLIANCE The Funding Recipient agrees to be bound by all the provisions of the Labor Code regarding prevailing wages and shall monitor all contracts subject to reimbursement from this Agreement to assure that the prevailing wage provisions of the Labor Code are being met. Current Department of Industrial Relations (DIR) requirements may be found at: https://www.dir.ca.gov/lcp.asp. For more

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information, please refer to DIR's Public Works Manual at: https://www.dir .ca.gov/dlse/PWManua!Combined.pdf. The Funding Recipient affirms that it is aware of the provisions of section 3700 of the Labor Code, which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance, and the Funding Recipient affirms that it will comply with such provisions before commencing the performance of the work under this A greement and will make its contractors and subcontractors aware of this provision. 33. NON-DISCRIMINATION During the performance of this Funding Agreement, Funding Recipient and its contractors or subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex ( gender) , sexual orientation, race, color, ancestry, religion, creed, national origin (including language use restriction) , pregnancy, physical disability (including HIV and A IDS) , mental disability, medical condition (cancer/genetic characteristics) , age (over 40) , marital status, and denial of medial and family care leave or pregnancy disability leave. Funding Recipient and its contractors or subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Funding Recipient and its contractors or subcontractors shall comply with the provisions of the California Fair Employment and Housing Act (Government Code section 12990) and the applicable regulations promulgated there under (California Code of Regulations, title 2 section 1 1000 et seq.). The applicable regulations of the Fair Employment and Housing Commission are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Funding Recipient and its contractors or subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. Funding Recipient shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Funding Agreement. 34. RIGHTS IN DATA Funding Recipient agrees that all data, plans, drawings, specifications, reports, computer programs, operating manuals, notes and other written or graphic work produced in the performance of this Funding Agreement shall be made available to the State and shall be in the public domain to the extent to which release of such materials is required under the California Public Records Act (Government Code section 6250 et seq.). Funding Recipient may disclose, disseminate and use in whole or in part, any final form data and information received, collected and developed under this Funding Agreement, subject to appropriate acknowledgement of credit to State for financial support. Funding Recipient shall not utilize the materials for any profit-making venture or sell or grant rights to a third party who intends to do so. The .State shall have the right to use any data described in this paragraph for any public purpose.

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35. THIRD PARTY BENEFICIARIES The parties to this Agreement do not intend to create rights in, or grant remedies to, any third party as a beneficiary of this Agreement, or any duty, covenant, obligation or understanding established herein. / / / / / / / / / / / / / / / / / / / / / / / / / /

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized officers as of the last signature date set forth below.

ALAMEDA COUNTY WATER DISTRICT CONSULTANT*

Signature: Signature:

Name: Name:

Title: Title:

Date:______Date:______

Signature:

Name:

Title:

Date:______

ATTEST:

______District Secretary

*If Consultant is a corporation, the Contract must be executed by two corporate officers, one from each of the following categories 1) the President, the Vice President or the Chair of the Board, and 2) the Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Treasurer.

Rev. 2016 Page 14 of 14

Appendix C CCWD and EBMUD Memos

Contra Costa Water District Proposed Usage Fees Draft: October 5, 2018

A usage fee will be included in the reimbursements to the Contra Costa Water District (CCWD) for the use of CCWD’s existing facilities as part of the Phase 2 Los Vaqueros Reservoir Expansion Project (Project). The usage fee to be collected by CCWD is intended to recover three components of CCWD’s costs: capacity usage, renewal/replacement, and operations/maintenance. Capacity Usage Fee Excess or unused capacity in CCWD’s existing facilities will be utilized to convey water to the Local Agency Partners according to the Project’s operational rules and priorities. CCWD has developed a “rental” model in past agreements where the capacity usage fee is determined by dividing the interest on the debt service by annual deliveries to develop a cost per acre-foot. The principal amount of the debt service is not included in the calculation of the capacity usage fee as the renter is not receiving the same priority and benefits that the owner of the facility enjoys. The capacity usage fee in this instance is not conveying ownership. The draft capacity usage fees for conveyance facilities are provided in Table 1. Table 1 – Conveyance Capacity Usage Fees Original Cost, Capacity Debt Service Capacity Usage Conveyance Facility less Grants (cfs) Interest2 ($/yr) Fee3 ($/AF) Los Vaqueros Pipeline $48,519,455 400 $1,307,800 $14.11 Middle River Pipeline $40,963,850 250 $1,104,145 $19.06 Middle River Intake $24,736,150 250 $666,742 $11.51 Old River Pipeline $38,293,849 320 $1,032,178 $13.92 Old River Intake $30,497,364 250 $822,030 $14.19 Rock Slough Facilities1 $117,170,377 350 $3,158,226 $38.95 Transfer Pipeline $23,998,870 200 $646,869 $13.96 Transfer Pump Station/Tank $17,281,844 200 $465,817 $10.05 1. Rock Slough Facilities include the Rock Slough Fish Screen, Canal Replacement Project (4 miles), Contra Costa Canal (3 miles), and Pumping Plants 1 – 4. 2. Facilities are at various stages of debt service. The interest payment is assumed to be equal to the interest only portion of the debt service at year 15 of a 30-year loan at 4%. 3. The capacity usage fee was determined per acre-feet of water delivered by applying an overall facility utilization factor of 32%, based on operations modeling results. The Project includes the expansion of the Los Vaqueros Reservoir from its current capacity of 160 thousand acre-feet (TAF) to 275 TAF. The costs to expand the dam would be fully paid by the Project beneficiaries. The existing reservoir will serve as the foundation to the expanded reservoir and previous CCWD investment and existing dam facilities will provide benefits to the Project. The determination of the capacity usage fee for the existing Los Vaqueros Dam follows the same methodology as the conveyance facilities (debt service interest); however, an adjustment factor is proposed to recognize that CCWD’s storage capacity is not directly used or impacted by the new storage. The usage fee would be applied each year water is stored in the expanded reservoir. An alternative to a volumetric usage fee for storage would be an annual fixed payment to CCWD, CCWD Usage Fees Draft: October 5, 2018 Page 2

which could be considered in future negotiations. The draft capacity usage fees for the existing Los Vaqueros Dam facilities are provided in Table 2. Table 2 – Storage Capacity Usage Fees Pro-Rated Debt Service Full Usage Usage Fee3 Facility Original Cost ($) Interest2 ($/yr) Fee ($/AF/yr) ($/AF/yr) Los Vaqueros Dam Facilities1 $385,635,618 10,394,475 $64.97 $37.80 1. Includes the original 100 TAF dam and expansion to 160 TAF. 2. Facilities are at various stages of debt service. The interest payment is assumed to be equal to the interest only portion of the debt service at year 15 of a 30-year loan at 4%. 3. Pro-rated usage fee was assumed to be 58% of the Full Usage fee based on the proportion of CCWD’s capacity (160 TAF) to the expanded reservoir capacity (275 TAF). Renewal/Replacement (Wear & Tear) Usage Fee The additional use of CCWD’s facilities will incrementally increase the renewal and replacement costs, as pumps, motors, and other facilities will require more frequent rehabilitation than would have been required absent the Project. The costs for the increased rehabilitation needs and replacement for conveyance facilities (intakes, pump stations, pipelines) is proposed to be recovered through a wear and tear usage fee. The wear and tear usage fee is determined by dividing the annual depreciation of the facility by the annual deliveries to determine a per acre-foot charge. Annual depreciation is based on the current replacement cost. CCWD will also seek the ability to review the wear and tear charge periodically with Local Agency Partners, or upon significant facility rehabilitation, to ensure that the charge is appropriately recovering the cost of incremental wear and tear. Local Agency Partners would not be responsible for any additional renewal/replacement costs (including facility replacement) beyond the renewal/replacement usage fee. The draft renewal/replacement usage fees are provided in Table 3. Table 3 – Renewal/Replacement Usage Fee Replacement Assumed R/R Usage Conveyance Cost Useful Life Capacity Fee, $/AF Los Vaqueros Pipeline $89,043,961 75 400 $12.81 Middle River Pipeline $69,462,174 75 250 $15.99 Middle River Intake $41,499,765 50 250 $14.33 Old River Pipeline $70,277,707 75 320 $12.64 Old River Intake $55,969,428 50 250 $19.33 Rock Slough Facilities1 $299,055,398 75 350 $49.18 Transfer Pipeline $44,043,250 75 200 $12.67 Transfer Pump Station and Tank $31,716,017 40 200 $17.11 1. Rock Slough Facilities exclude Pumping Plant 1, as this is a modified facility and R/R for PP1 is included elsewhere in the financial model. 2. The usage fee was determined per acre-feet of water delivered by applying an overall facility utilization factor of 33%, based on operations modeling results. CCWD Usage Fees Draft: October 5, 2018 Page 3

Operations and Maintenance The District incurs both fixed and variable costs in operating and maintaining the existing facilities. Some examples of fixed O&M costs include valve exercising, preventative maintenance, labor, agency fees, and biological monitoring. These fixed costs do not change significantly in response to varying water deliveries. Fixed O&M costs for the existing facilities are proposed to be allocated to the Local Agency Partners based on the average historical modeled deliveries, as established in the Proforma financial model. For example, the Local Agency Partners receive approximately 33% of the water delivered through the facilities and would be allocated 33% of the fixed O&M costs associated with those facilities. The fixed O&M is currently estimated to be $3.2 million per year. The proportion allocated for reimbursement is 33% of this amount, or $1.05 million. Power is the primary variable O&M cost, and the additional power costs associated with pumping of water for Project beneficiaries would be passed on directly to the Local Agency Partners. Current estimates of power costs for the existing facilities are shown in Table 4. Table 4 – Variable Power Costs Facility Estimated Power Cost ($/AF) Middle River Intake $46.70 Old River Intake $38.20 Rock Slough Facilities $22.70 Transfer Pump Station $70.00

EAST BAY MUNICIPAL UTILITY DISTRICT

DATE: October 18, 2018

MEMO TO: Maureen Martin, Contra Costa Water District

FROM: Alice Towey, East Bay Municipal Utility District

SUBJECT: EBMUD Usage Fee Calculation for Los Vaqueros Reservoir Expansion Project

INTRODUCTION

EBMUD is evaluating participation in the Los Vaqueros Reservoir Expansion Project. One option for EBMUD participation would be to use available capacity in its facilities, including the Freeport Facilities and the Mokelumne Aqueducts, to wheel water to the Los Vaqueros Reservoir on behalf of other Project Partners. To help with discussions related to cost, EBMUD has prepared this first draft, preliminary usage fee to reflect the costs associated with wheeling water through its facilities. This usage fee has been incorporated into the proforma financial model developed by Clean Energy Capital. It should be noted that this usage fee is approximate, preliminary, and is subject to further refinement by EBMUD.

The purpose of this memorandum is to document the assumptions underlying the preliminary usage fee and to present some of the potential restrictions on use of EBMUD facilities by other Project Partners.

EBMUD FACILITIES

Figure 1 shows the EBMUD facilities that could be used to wheel water to the Los Vaqueros Reservoir. EBMUD facilities include the Freeport Regional Water Project (FRWP), the Folsom South Canal Connection (FSCC), the Mokelumne Aqueducts, and the EBMUD-CCWD raw water intertie. CCWD or other Project Partners could use these facilities to wheel water supplies including CVP supplies or transfer water.

Figure 1. EBMUD and CCWD Facilities

EBMUD USAGE FEE CALCULATION

Table 1 summarizes the components of the preliminary EBMUD Usage Fee. These components include a facility use charge, costs for conveyance, and Freeport start-up and shutdown. Cost per acre-foot (AF) for the Mokelumne Aqueduct Relining project and Walnut Creek Pumping Plant (WCPP) Variable Frequency Drive (VFD) project are also included. Following are more details on each component.

Facility Use Charge The facility use charge is based on proportionate use of facility capacity and annual depreciation. The costs in the usage fee are based on a tech memo prepared in 2013 as part of the Bay Area Regional Desalination Project, “Annual Fixed Cost Estimate for Wheeling Desalination Water Using EBMUD’s System.”

Conveyance The conveyance costs included in the table are provided as an estimate; normally EBMUD would bill the recipient of the water based on actual time, materials, and other costs. This component includes costs associated with physically moving the water from FRWP to the Los Vaqueros Reservoir. Costs for operations of FRWA and the FSCC are based on actual 2014-2015 operating costs. Raw water pumping costs at the Walnut Creek Pumping Plant are estimates. The cost to refill EBMUD’s Briones Reservoir following completion of the transfer is also included; typically Briones storage is depleted to meet EBMUD demands while Mokelumne Aqueduct No. 2 is dedicated to the wheeling operation.

Freeport Start-up and Shutdown There are considerable costs associated with start-up and shutdown of the Freeport Facilities; for the purposes of this Usage Fee calculation, EBMUD assumed a $750,000 cost for each use of these facilities, based on real costs in 2014-2015. The start-up and shutdown costs are incurred each time the facilities are placed into service, regardless of the duration of use of the facilities. Costs include draining, chlorinating, and refilling the pipeline and startup and testing of pump stations.

The $750,000 cost was converted to a $/AF value by examining the CalSIM modeling results from CCWD. Over the 82-year hydrologic record, the CalSIM results show fifteen periods of time when EBMUD’s Freeport facilities would be used for one or more contiguous years. For each period, it was assumed that the Freeport facilities would be started up and shutdown once, and that the cost of startup and shutdown would be shared evenly by each agency moving water that period. For each contiguous period, the $750,000 startup cost was divided by the volume conveyed during that period to determine a cost per AF for that period. Then, the results of all fifteen periods were averaged, and the median and mean were used to provide the range of costs per AF that are included in Table 1.

Mokelumne Aqueduct Relining EBMUD would use its Mokelumne Aqueduct No. 2 to convey water to the Los Vaqueros Reservoir. However, studies conducted by EBMUD have shown that this Aqueduct is in need of extensive maintenance. EBMUD has determined that a planned maintenance project – the Mokelumne Aqueduct Relining Project – would contribute to the overall reliability of the Project by ensuring that there is hydraulic capacity to convey the water to the reservoir and by reducing the risk of aqueduct failure. This maintenance project will preserve the integrity of the pipe and restore its hydraulic capacity.

EBMUD has developed a planning level cost estimate for the Relining Project. For the purposes of the LVE project, only the length of pipe from EBMUD’s Pardee Reservoir to the CCWD intertie is considered here, although EBMUD plans to reline the pipe all the way to the WCPP, as well as portions of Mokelumne Aqueduct No. 3. The approximate cost to reline this 40 mile length of pipeline is estimated to be $130 million. CCWD’s application for grant funding through the Water Storage Improvement Program (WSIP) included $18.06 million for this project, but for the purposes of this preliminary usage fee calculation the WSIP funding is not considered.

EBMUD followed a “rental” model similar to that used by CCWD to develop a per-AF unit cost for this project. The capacity usage fee for this project was calculated by dividing the interest on debt service (based on year fifteen of a 30-year loan at 4% interest) by the aqueduct capacity, assumed here to be 100 MGD.

Additional use of EBMUD’s facilities will also incrementally increase the renewal and replacement costs. EBMUD accounted for increased wear and tear on the Mokelumne Aqueduct No. 2 by dividing the annual depreciation of the facility (based on the $130 million cost of the relining project) by the aqueduct capacity.

Walnut Creek Pumping Plant VFD Project Wheeling water for the Project Partners as currently envisioned would require EBMUD to make upgrades at its WCPP, particularly the installation of VFDs to balance flows coming in with system demands. EBMUD has developed a conceptual cost estimate of $40 million for this project. The WSIP funding application included $5.6 million for this project, but for the purposes of this preliminary usage fee the grant funding is not considered.

Unlike the Mokelumne Aqueduct Relining Project, EBMUD is only implementing this capital project if it participates in the Los Vaqueros Reservoir Expansion Project. Therefore, EBMUD used a different methodology for calculating costs.

The cost per AF was developed by dividing the annual interest on debt service, plus half of the principal, by the aqueduct capacity of 100 MGD. Only 50% of the principal is charged, to reflect the fact that EBMUD would derive benefits from the project outside of participation in Los Vaqueros.

AVAILABILITY OF EBMUD FACILITIES TO WHEEL WATER

There are operational limitations on when EBMUD could wheel water for the Project, as EBMUD would need to ensure availability of the Mokelumne Aqueducts to meet its own ongoing operational needs. During the summer, EBMUD generally requires the full use of the Mokelumne Aqueducts to meet customer demands. EBMUD’s Mokelumne Aqueduct No. 2 may be available during wet years in the months of October through February for use to move water for the project partners. Availability of the Mokelumne Aqueduct to wheel water for other agencies may be affected by future changes in hydrology, customer needs, and regulatory requirements. In addition, for the next twenty years, there are planned maintenance activities during this four-month window that may periodically make the Mokelumne Aqueducts unavailable. Therefore, Mokelumne Aqueduct No. 2 is only available on a case-by-case, or year- by-year, basis.

In addition, the use of EBMUD facilities to wheel water for other agencies would be guided by the “Principles for Use by Other Parties of Unassigned EBMUD Capacity in Freeport Regional Water Project Facilities,” adopted by EBMUD’s Board of Directors on January 10, 2017 (see Attachment 1). These Principles set out EBMUD’s objectives for the facilities and conditions for use. Use of the facilities must not interfere with EBMUD or Sacramento County Water Agency’s use of the facilities. The Principles also emphasize the need for project proponents to demonstrate good conservation practices.

Table 1. EBMUD USAGE FEES Includes Freeport Facilities, Mokelumne Aqueducts, Intertie October 18, 2018 Component Cost/AF(1) Notes Use charge is based on proportinate use of the facility capacity and annual depreciation of facility. Rehab or financing costs for Freeport Facilities are not included Facility Use Charge $120 since the facilities are fairly new. Includes FRWA operations, FSCC, SMUD mitigation, chemicals, full cost of labor, Briones refill, Walnut Creek pumping, ODCs. Aqueducts or intertie costs are not Conveyance(2) $306 included. Based on 2014 actual costs for Freeport startup and Freeport Start-up and Shutdown(2)(3) $12-$52 shutdown and CCWD CalSIM modeling results. Mokelumne Aqueduct Relining(4) $44 Walnut Creek Pumping Plant VFD Project(5) $14 Total $496-$536 Notes: 1 Costs are estimates and subject to change. 2 This is a cost estimate. In most cases, EBMUD would bill the party for costs based on actual time, materials, and other costs. 3 Based on 2014 Freeport project operation cost, 2016 depreciation rates, and Regional Desalination wheeling cost estimates. 4 Cost includes payment of interest on debt service and depreciation divided by aqueduct capacity. 5 Cost includes payment of interest on debt service and half of principal divided by aqueduct capacity.

Attachment 1 “Principles for Use by Other Parties of Unassigned EBMUD Capacity in Freeport Regional Water Project Facilities”

Appendix D Los Vaqueros Expansion Project Overview

Project Description Tab 3 ● Section 4 Eligibility and General Project Information

Proposition 1 Water Storage Investment Program Funding Application August 2017

Los Vaqueros Reservoir Expansion Project Tab 3 Section 4 Project Description

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August 2017 Page | 3-4.ii Proposition 1 Water Storage Investment Program Funding Application Los Vaqueros Reservoir Expansion Project Tab 3 Section 4 Project Description

Table of Contents

3-4.1 Application Instructions ...... 3-4.1 3-4.2 Los Vaqueros Reservoir Expansion Project Description ...... 3-4.2 3-4.2.1 Background ...... 3-4.2 3-4.2.2 Project Overview & Benefits ...... 3-4.2 3-4.2.2.1 Public Benefits ...... 3-4.2 3-4.2.2.2 Non-Public Benefits ...... 3-4.3 3-4.2.3 Location ...... 3-4.4 3-4.3 Project Partners & Beneficiaries ...... 3-4.6 3-4.3.1 Alameda County Flood Control and Water Conservation District, Zone 7 (Zone 7) ...... 3-4.8 3-4.3.2 Alameda County Water District (ACWD) ...... 3-4.8 3-4.3.3 Bay Area Water Supply and Conservation Agency (BAWSCA) ...... 3-4.8 3-4.3.4 Byron-Bethany Irrigation District (BBID) ...... 3-4.9 3-4.3.5 City of Brentwood (Brentwood) ...... 3-4.9 3-4.3.6 East Bay Municipal Utility District (EBMUD) ...... 3-4.9 3-4.3.7 East Contra Costa Irrigation District (ECCID)...... 3-4.9 3-4.3.8 Water District (SCVWD) ...... 3-4.10 3-4.3.9 San Francisco Public Utilities Commission (SFPUC) ...... 3-4.10 3-4.3.10 San Luis & Delta-Mendota Water Authority (SLDMWA) ...... 3-4.10 3-4.3.11 South-of-Delta Wildlife Refuges ...... 3-4.11 3-4.4 Sources of Water Supply ...... 3-4.11 3-4.5 Relationship to Other Water Projects ...... 3-4.14 3-4.5.1 Current Relationships ...... 3-4.14 3-4.5.2 Integration with Existing Facilities...... 3-4.15 3-4.5.3 Integration with Planned Future Facilities...... 3-4.16 3-4.6 Facilities ...... 3-4.16 3-4.6.1 Existing Facilities ...... 3-4.17 3-4.6.1.1 Los Vaqueros Reservoir & Watershed ...... 3-4.17 3-4.6.1.2 Contra Costa Canal and Rock Slough Intake ...... 3-4.19 3-4.6.1.3 Old River Intake ...... 3-4.20

August 2017 Page | 3-4.iii Proposition 1 Water Storage Investment Program Funding Application Los Vaqueros Reservoir Expansion Project Tab 3 Section 4 Project Description

3-4.6.1.4 Middle River Intake ...... 3-4.20 3-4.6.1.5 Old River Pipeline, Transfer Facility, Transfer Pipeline, and Los Vaqueros Pipeline ...... 3-4.20 3-4.6.1.6 EBMUD-CCWD Intertie ...... 3-4.21 3-4.6.1.7 Freeport Intake ...... 3-4.21 3-4.6.1.8 Los Vaqueros Pipeline and Energy Recovery Project ...... 3-4.22 3-4.6.2 New and Modified Facilities ...... 3-4.22 3-4.6.2.1 Los Vaqueros Reservoir Dam Raise ...... 3-4.24 3-4.6.2.2 Transfer Station Upgrade ...... 3-4.26 3-4.6.2.3 Transfer-Bethany Pipeline ...... 3-4.26 3-4.6.2.4 Delta-Transfer Pipeline...... 3-4.26 3-4.6.2.5 Neroly High-Lift Pump Station ...... 3-4.26 3-4.6.2.6 Pumping Plant #1 Replacement ...... 3-4.28 3-4.6.2.7 Los Vaqueros Watershed Recreation Facilities ...... 3-4.28 3-4.6.2.8 Walnut Creek VFD ...... 3-4.33 3-4.6.2.9 Mokelumne Aqueduct Relining...... 3-4.33 3-4.6.2.10 ECCID Pipeline ...... 3-4.34 3-4.6.2.11 Brentwood Pipeline ...... 3-4.34 3-4.6.2.12 Rock-Slough Fish Screen Improvements ...... 3-4.34

List of Tables

Table 3-4.1 Application Content of Tab 3 Section 4 ...... 3-4.1 Table 3-4.2 Water Rights for Potential Use in LVE Project ...... 3-4.13 Table 3-4.3 Characteristics of the Los Vaqueros Dam Modification ...... 3-4.24

August 2017 Page | 3-4.iv Proposition 1 Water Storage Investment Program Funding Application Los Vaqueros Reservoir Expansion Project Tab 3 Section 4 Project Description

List of Figures

Figure 3-4.1 LVE Project Location, Facilities, and Beneficiaries ...... 3-4.5 Figure 3-4.2 Map of Potential LVE Project Partners ...... 3-4.7 Figure 3-4.3 Volume of Delta Surplus Water Available (CalSim II Modeling) ...... 3-4.12 Figure 3-4.4 Photo of Los Vaqueros Reservoir and Watershed ...... 3-4.18 Figure 3-4.5 Seasonal Pattern of Evaporation in Los Vaqueros Watershed ...... 3-4.19 Figure 3-4.6 Los Vaqueros Reservoir Expansion Project New Facilities ...... 3-4.23 Figure 3-4.7 Stage-Storage Curve for the Expanded Los Vaqueros Reservoir ...... 3-4.25 Figure 3-4.8 Surface Area-Storage Curve for the Expanded Los Vaqueros Reservoir ...... 3-4.25 Figure 3-4.9 Existing Los Vaqueros Marina Complex ...... 3-4.29 Figure 3-4.10 Proposed New Marina Facility at Los Vaqueros Reservoir ...... 3-4.30 Figure 3-4.11 Proposed Upgrades to Watershed Office Barn Area...... 3-4.32 Figure 3-4.12 Rock Slough Fish Screen Facility ...... 3-4.35

August 2017 Page | 3-4.v Proposition 1 Water Storage Investment Program Funding Application Los Vaqueros Reservoir Expansion Project Tab 3 Section 4 Project Description

Tab 3 ● Section 4 ● Project Description

This document includes the project description information for the Los Vaqueros Reservoir Expansion Project (LVE Project) that is required by the Water Storage Investment Program (WSIP) Application Instructions (March 2017) for Tab 3 Eligibility and General Project Information. Table 3-4.1 provides a summary of the Contra Costa Water District (CCWD) application content related to the Grants Review and Tracking System (GRanTS) application content. For a complete index of application contents, see Tab 3 Section 7 Other Applicant Information.

Table 3-4.1 Application Content of Tab 3 Section 4 GRanTS Application Item CCWD Application Section CCWD Section Title Tab 3 Eligibility and General Project Information, A.3 Project Description Tab 3 Section 4 (3-4) Project Description

3-4.1 Application Instructions Attach a description of the project that meets the requirements of Section 3.3 of the Technical Reference. If a full project description is included in another attachment, identify the attachment name and beginning page number in this attachment. Section 3.3 of Technical Reference requires the following components in the project description:

• Location of the water storage facility(ies) • Total and active water storage capacity • Sources of water supply • Conveyance capacities for sources of water supply, if applicable • Capacities for storage facility outlets, spillways, and direct diversions, if any • Storage facility capacity-elevation and area-capacity curves • All appurtenant facilities, including hydropower, recreation, ecosystem, and water quality management facilities, if any • Expected beneficiaries and the location of benefits • Relationships to existing water project facilities • Water storage evaporation loss or other losses as a function of time-of-year and area • Any other features that affect benefits or impacts

August 2017 Page | 3-4.1 Proposition 1 Water Storage Investment Program Funding Application Los Vaqueros Reservoir Expansion Project Tab 3 Section 4 Project Description

3-4.2 Los Vaqueros Reservoir Expansion Project Description

3-4.2.1 Background

The Los Vaqueros Reservoir Expansion Project (LVE Project) is a multi-agency effort that is expected to provide local, regional and statewide environmental, water supply reliability, and water quality benefits. The LVE Project is included as one of five surface water storage projects identified for further investigation under the comprehensive federal/state cooperative program known as the CALFED Bay-Delta Program (CALFED), which was designed to improve the quality and reliability of California’s water supplies while restoring the /Sacramento-San Joaquin Delta Estuary (Bay-Delta). The Los Vaqueros Reservoir is an off-stream reservoir located in southeastern Contra Costa County that is owned and operated by CCWD and was originally constructed with a capacity of 100 thousand acre-feet (TAF). Los Vaqueros Reservoir was expanded to 160 TAF in 2012. CCWD operates Los Vaqueros Reservoir as an integrated system with the Contra Costa Canal and Rock Slough Intake, which were completed as part of the CVP in 1948, and the Old River Intake and Pump Station, which CCWD built as part of the original Los Vaqueros Reservoir Project in 1997, and the Middle River Intake and Pump Station at Victoria Canal, which CCWD built under the Alternative Intake Project in 2010. These facilities are operated to balance delivered water quality, water supply for droughts and emergencies, and cost considerations. CCWD also owns Los Vaqueros Watershed, which encompasses approximately 20,000 acres surrounding Los Vaqueros Reservoir. Los Vaqueros Watershed lands are managed for water quality, conservation and recovery of special-status species and their habitats, and recreation.

3-4.2.2 Project Overview & Benefits

The LVE Project described within this application is the second phase of the Los Vaqueros Reservoir Expansion and proposes to expand Los Vaqueros Reservoir from 160 TAF to 275 TAF storage capacity, upgrade existing conveyance facilities, and construct new conveyance facilities to achieve the intended objectives. The LVE Project would provide public benefits as defined in Water Code Section 79753(a) including ecosystem improvements, emergency response, and recreation. The LVE Project would also provide non-public benefits including municipal and industrial water supply reliability, agricultural supply reliability, and water quality benefits.

3-4.2.2.1 Public Benefits Ecosystem The primary ecosystem improvement benefit of the LVE Project would be the increased Incremental Level 4 water deliveries to Central Valley wildlife Refuges (Refuges). The Refuges are the few remaining sizable wetland habitats in the Central Valley that provide habitat and food

August 2017 Page | 3-4.2 Proposition 1 Water Storage Investment Program Funding Application Los Vaqueros Reservoir Expansion Project Tab 3 Section 4 Project Description

for migratory birds of the Pacific Flyway and resident bird species, as well as many terrestrial wildlife species. The Refuges typically receive of the supplies required to sustain wildlife, however, they have not typically been served the full quantity of water (Incremental Level 4) required for optimal wetlands habitat development to support migratory birds, resident birds, and wildlife in the Refuges. Additional incremental ecosystem benefits for salmonids would be achieved by implementing physical improvements at the Rock Slough Fish Screen Facility and by implementing the aquatic weed management program in Rock Slough, where salmonids are found in October through May of most years. NMFS has determined that the proposed changes would reduce entrainment and impingement of juvenile salmonids and sturgeon.

Emergency Response The LVE Project would provide emergency response benefits for both non-drought and drought emergencies. During a non-drought emergency such as a flood or earthquake that reduced or interrupted Delta water supply, or when conveyance of water supply through the Delta is interrupted or reduced by Delta levee failures, or when Delta water quality is degraded so that it is unfit for human consumption by toxic spills or extreme seawater intrusion, the LVE Project would deliver high quality water to Local Agency Partners. In such cases, the additional water storage available in Los Vaqueros Reservoir, the physical interconnections among the Local Agency Partners, and the operational integration provided by the LVE Project would help to mitigate the impacts of the emergency. During declared drought emergencies the LVE Project would provide an emergency response benefit by delivering health and safety supplies to Local Agency Partners when their usual sources of supply are unavailable.

Recreation The LVE Project would enhance recreation facilities and opportunities in Los Vaqueros Watershed. A new Marina Complex would replace the existing Marina Complex upslope of the existing facilities at the southern end of Los Vaqueros Reservoir, which would include expanded facilities for fishing, concessions, and education. The existing Los Vaqueros Interpretive Center would be remodeled to be more energy efficient and enlarged within the existing developed location just north of the dam along Kellogg Creek. The existing old barn near the Los Vaqueros Watershed Office would upgraded and interpretive features to complement the existing outdoor education program would be added. A new 0.5-mile ADA accessible interpretive trail would be built.

3-4.2.2.2 Non-Public Benefits Water Supply Reliability The LVE Project would provide a water supply reliability benefit by providing new means of storing and conveying existing water supplies for some Local Agency Partners and by providing new sources of water to some Local Agency Partners. Supplemental water supplies would be delivered to Local Agency Partners outside of the drought emergency periods depending on the

August 2017 Page | 3-4.3 Proposition 1 Water Storage Investment Program Funding Application Los Vaqueros Reservoir Expansion Project Tab 3 Section 4 Project Description

specified needs of each individual agency. Deliveries to ACWD, EBMUD, and SCVWD outside of the drought emergency periods would help those agencies recover from droughts and are considered part of their drought management programs. Other agencies such as SFPUC and Zone 7 have indicated a need for reliable every-year water supplies.

Water Quality The LVE Project would improve water quality by reducing the salinity of water delivered to customers and ultimately the quality of water that is discharged to the Delta as treated wastewater. Brentwood relies on diversions from the Delta and local groundwater for water supply and has identified a need for a source of water quality blending water, in order to continue to meet its National Pollutant Discharge Elimination System (NPDES) permit requirements for salinity in its treated wastewater effluent. Water from the LVE Project would replace a portion of their more saline water supplies and would reduce the total salinity in the water delivered and ultimately discharged.

Agricultural The LVE Project would help to ensure water supply reliability for both in-Delta and south of Delta agricultural water agencies. BBID serves agricultural needs as well as the needs of municipal and industrial customers, and would use water stored in Los Vaqueros Reservoir to help to meet minimum delivery requirements in dry years when their usual sources of supply are unavailable. ECCID has identified a need for water from the LVE Project to ensure that water delivered to their customers would not exceed their salinity threshold for maintaining optimal agricultural conditions. SLDMWA would receive approximately 1 TAF/year that would be made available through coordinating the operations of the LVE Project with the CVP and SWP export facilities in the south Delta. SLDMWA has also indicated an interest in using the LVE Project to store and convey transfer water.

3-4.2.3 Location

Los Vaqueros Reservoir is located in southeastern Contra Costa County. The LVE Project would divert water from the Sacramento-San Joaquin Delta at CCWD’s Rock Slough, Old River, and Middle River Intakes. The LVE Project would also divert water at the Freeport Intake on the . The LVE Project would deliver water to agencies with CCWD’s service area, water agencies in the Bay Area and Delta and neighboring regions, and wildlife refuges south of the Delta. Figure 3-4.1 shows a map of the LVE Project facilities and potential beneficiaries.

August 2017 Page | 3-4.4 Proposition 1 Water Storage Investment Program Funding Application Los Vaqueros Reservoir Expansion Project Tab 3 Section 4 Project Description

Figure 3-4.1 LVE Project Location, Facilities, and Beneficiaries

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3-4.3 Project Partners & Beneficiaries The potential partners of the LVE Project include 11 local water agencies (Local Agency Partners) and the fourteen south-of-Delta wildlife refuges (Refuges) in the named in the Central Valley Project Improvement Act (CVPIA) that are managed by the U.S. Fish and Wildlife Service (USFWS), California Department of Fish and Wildlife (CDFW), and the landowners of privately owned/managed wetlands in the Grassland Resources Conservation District (GRCD). The 11 Local Agency Partners include: Alameda County Water District (ACWD), Bay Area Water Supply and Conservation Agency (BAWSCA), Byron-Bethany Irrigation District (BBID), City of Brentwood (Brentwood), East Bay Municipal Utilities District (EBMUD), East Contra Costa Irrigation District (ECCID), Santa Clara Valley Water District (SCVWD), San Francisco Public Utilities Commission (SFPUC), San Luis & Delta-Mendota Water Authority (SLDMWA), and Alameda County Flood Control and Conservation District, Zone 7 (Zone 7 Water Agency or Zone 7) . The Local Agency Partners are described below in greater detail. Figure 3-4.2 shows the location of all of the Local Agency Partners and the Refuges. The individual water needs of all potential partners are described in Section 6-2 of this application in the with-project conditions.

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Figure 3-4.2 Map of Potential LVE Project Partners

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3-4.3.1 Alameda County Flood Control and Water Conservation District, Zone 7 (Zone 7)

Alameda County Flood Control and Conservation District, Zone 7 (Zone 7 Water Agency or Zone 7) supplies treated drinking water to retailers serving approximately 240,000 people and businesses in Pleasanton, Livermore, Dublin, and, through special agreement with the Dublin San Ramon Services District, the Dougherty Valley area in San Ramon. Zone 7 also supplies untreated irrigation water to local vineyards, farms and golf courses, and provides flood protection to all of eastern Alameda County.

3-4.3.2 Alameda County Water District (ACWD)

ACWD supplies drinking water to over 349,000 residents and the businesses in the cities of Fremont, Newark, and Union City in southern Alameda County. ACWD’s primary sources of supply come from the Bay-Delta (via the State Water Project), the San Francisco Regional Water System, and local supplies including groundwater and surface water. ACWD is a member of BAWSCA.

3-4.3.3 Bay Area Water Supply and Conservation Agency (BAWSCA)

BAWSCA is a special district that provides regional water supply planning, resource development, and conservation program services to enhance the reliability of the 16 cities, 8 water districts, and 2 private water providers that provide water to over 1.7 million people and 40,000 commercial, industrial and institutional accounts in Alameda, Santa Clara and San Mateo Counties. BAWSCA was enabled by a special act of the California Legislature and was formed by its member agencies in 2003 to directly represent the interests of its member agencies in matters related to the San Francisco Regional Water System (SF RWS). BAWSCA enables the customers of the SF RWS to work with the San Francisco Public Utilities Commission (SFPUC) on an equal basis to ensure that the system is maintained, and to collectively and efficiently meet local responsibilities. BAWSCA's member agencies include: Alameda County Water District, City of Brisbane, City of Burlingame, California Water Service (CWS) - Bear Gulch, CWS - Mid-Peninsula, CWS - South San Francisco, Coastside County Water District, City of Daly City, City of East Palo Alto, Estero Municipal Improvement District, Guadalupe Valley Municipal Improvement District, City of Hayward, Town of Hillsborough, City of Menlo Park, Mid-Peninsula Water District, City of Millbrae, City of Milpitas, City of Mountain View, North Coast County Water District, City of Palo Alto, Purissima Hills Water District, City of Redwood City, City of San Bruno, San Jose Municipal Water System, City of Santa Clara, Stanford University, and Westborough Water District.

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3-4.3.4 Byron-Bethany Irrigation District (BBID)

BBID is a special district serving water to parts of Alameda, Contra Costa, and San Joaquin counties, with over 160 agricultural customers on a total area of 30,000 acres and approaching 20,000 residents in the Mountain House community. BBID diverts water under its own pre-1914 water right from the intake channel of the California Aqueduct and also receives water under a long-term CVP water supply contract. BBID is also a member of the San Luis & Delta-Mendota Water Authority (SLDMWA).

3-4.3.5 City of Brentwood (Brentwood)

The City of Brentwood (Brentwood) is a community of over 60,000 residents in eastern Contra Costa County. Brentwood utilizes groundwater from its seven groundwater wells and surface water diverted by CCWD to supply domestic water to more than 18,500 service connections. Brentwood is within ECCID’s service area and has a long-term agreement with East Contra Costa Irrigation District (ECCID) to serve Brentwood’s residents water through ECCID’s water right.

3-4.3.6 East Bay Municipal Utility District (EBMUD)

EBMUD provides high-quality drinking water for 1.4 million customers in Alameda and Contra Costa counties. EBMUD has water rights on the Mokelumne River and also a long-term dry year CVP water supply contract.

3-4.3.7 East Contra Costa Irrigation District (ECCID)

ECCID is a special district established in 1926 under the Irrigation District Law. The primary purpose of ECCID is to provide irrigation water to the agricultural community within the cities of Brentwood, Knightsen, and Oakley, and the unincorporated area south and east of the Brentwood city limits. ECCID also provides water to four local golf courses and miles of median strip landscaping and open space areas throughout the City of Brentwood. ECCID has a 1912 appropriative right to divert 250 cfs from Indian Slough on Old River for irrigation, domestic use, and stock watering within the ECCID service area. In 1981, ECCID entered into an agreement with the Department of Water Resources (DWR) ensuring a certain quantity and quality of water. A portion of ECCID’s service area overlaps all of the City of Brentwood’s and a portion of CCWD’s service areas. In 1991, ECCID, CCWD, and DWR entered into an agreement allowing CCWD to divert up to 8,200 acre-feet of water under ECCID’s water right at Rock Slough and Old River Intakes. In 1999, ECCID entered into an agreement with Brentwood to provide up to 14,800 acre feet of water. Together, the water made available to both CCWD and the City of Brentwood serves an estimated population of over 75,000 within the overlap areas.

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3-4.3.8 Santa Clara Valley Water District (SCVWD)

SCVWD provides wholesale water supply, groundwater management, flood protection, and stream stewardship services to approximately 2 million people in Santa Clara County. It serves the cities of Campbell, Cupertino, Gilroy, Los Altos, Milpitas, Monte Sereno, Morgan Hill, Mountain View, Palo Alto, San Jose, Santa Clara, Saratoga and Sunnyvale, and the towns of Los Gatos and Los Altos Hills. Thirteen water retailers serve the county - California Water Service Company, City of Milpitas Community Services, City of Morgan Hill, City of Mountain View Public Works, City of Palo Alto Utilities Department, City of Santa Clara Water Department, City of Sunnyvale Public Works Department, Gilroy Community Services Department, Great Oaks Water Company, Purissima Hills Water District, San Jose Municipal Water System, San Jose Water Company, and Stanford University. Some retailers are also customers of SFPUC and members of BAWSCA. SCVWD is a State Water Project contractor, a Central Valley Project contractor, and a member of SLDMWA.

3-4.3.9 San Francisco Public Utilities Commission (SFPUC)

The San Francisco Public Utilities Commission (SFPUC) is the third largest municipal utility in California, serving 2.6 million residential, commercial, and industrial customers in the . Approximately one-third of the SFPUC’s system-wide deliveries go to retail customers in San Francisco, and the other two-thirds go to 26 wholesale customers, who are represented collectively by BAWSCA. Approximately 85% of the SFPUC’s regional water supply comes from the Tuolumne River watershed, which includes storage at Hetch Hetchy Reservoir in Yosemite National Park. Local reservoirs in the Alameda and Peninsula watersheds provide the remaining 15% of the SFPUC’s regional supply. The SFPUC also has a Local Water Program, which includes conservation as well as groundwater, recycled water and other non- potable supplies to meet demands in its retail service area.

3-4.3.10 San Luis & Delta-Mendota Water Authority (SLDMWA)

San Luis & Delta-Mendota Water Authority (SLDMWA) consists of water agencies representing approximately 2,100,000 acres and 29 CVP water service contractors within the western San Joaquin Valley, San Benito and Santa Clara counties. SLDMWA member districts are Banta-Carbona Irrigation District, Broadview Water District, Byron Bethany Irrigation District, Central California Irrigation District, City of Tracy, Columbia Canal Company, Del Puerto Water District, Eagle Field Water District, Firebaugh Canal Water District, Fresno Slough Water District, Grassland Water District, Henry Miller Reclamation District #2131, James Irrigation District, Laguna Water District, Mercy Springs Water District, Oro Loma Water District, Pacheco Water District, Panoche Water District, Patterson Irrigation District, Pleasant Valley Water District, Reclamation District 1606, San Benito County Water District, San Luis Water District, Santa Clara Valley Water District, Tranquility Irrigation District, Turner Island Water

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District, West Side Irrigation District, West Stanislaus Irrigation District, and Westlands Water District. Reclamation has an operations and maintenance agreement with SLDMWA to operate and maintain the physical works and appurtenances associated with the Jones Pumping Plant, the Delta-Mendota Canal, the O’Neill Pump/Generating Plant, the San Luis Drain, and associated works. One function SLDMWA serves is to help negotiate water transfers with and on behalf of its member agencies when CVP allocations have been reduced and there is a need for supplemental water.

3-4.3.11 South-of-Delta Wildlife Refuges

A century ago, the Central Valley of California contained over 4 million acres of natural wetlands, but since then, over 90 percent of the Central Valley wetlands have disappeared. Today, thousands of acres of wetlands have been protected and restored through federal, state, and local collaborative efforts. The wildlife refuges support millions of wintering waterfowl and serve as critical stopovers for migratory birds along the Pacific Flyway every year, along with providing habitat for resident birds and other wildlife. Section 3406(d) of the 1992 federal Central Valley Project Improvement Act (CVPIA) requires Reclamation to provide firm water supplies of suitable quality to maintain and improve wetland habitat areas in the Central Valley of California. The fourteen south-of-Delta wildlife refuges (Refuges) in the San Joaquin Valley named in the CVPIA are managed by the U.S. Fish and Wildlife Service (USFWS), California Department of Fish and Wildlife (CDFW), and the landowners of privately owned/managed wetlands in the Grassland Resources Conservation District (GRCD). The Refuges are the San Luis, West Bear Creek, East Bear Creek, Kesterson, and Freitas Units of the San Luis National Wildlife Refuge, the Los Banos Wildlife Area, Volta Wildlife Area, Kern National Wildlife Refuge, China Island and Salt Slough Units of the North Grasslands Wildlife Area, Grassland Resource Conservation District, Merced National Wildlife Refuge, Mendota Wildlife Area, and Pixley National Wildlife Refuge, all shown in Figure 3-4.2. Another five wildlife refuges identified in the CVPIA are located north of the Delta in the Sacramento Valley. Prior to the enactment of the CVPIA, most of the wildlife refuges relied on surplus water storage, agricultural return flows, junior water rights, and groundwater for water supply; these sources were all either unreliable or of marginal water quality, or both.

3-4.4 Sources of Water Supply The Delta is defined by the State Water Resources Control Board Decision 1641, which sets forth water quality objectives associated with CVP and SWP south Delta export operations, to be in balanced conditions when SWP and CVP releases from upstream reservoirs plus unregulated river flows approximately equal the water supply needed to meet Sacramento Valley in-basin uses plus CVP and SWP exports. Conversely, Delta excess or surplus conditions occur when

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upstream releases plus unregulated flow exceed in-basin uses plus exports. In-basin uses include flows to meet the water quality and flow objectives required by the State Water Resources Control Board Decision 1641. “Delta Surplus Water” is used in this analysis to mean the volume of water in excess of the amount of water needed for the Delta to be in balanced conditions. It is water not currently diverted by any other user and does not include water released from upstream storage to meet regulatory requirements or contractual obligations. The LVE project would divert Delta Surplus Water under CCWD’s Los Vaqueros water right, under Reclamation’s water rights pursuant to CCWD’s CVP contract, under partners’ water rights permits, or under Reclamation’s or DWR’s water rights pursuant to partners’ contracts. The timing and quantity of Delta Surplus Water available varies depending on hydrology and the regulatory requirements of the SWP and CVP. Delta Surplus Water is usually available for some time every year (typically after storm events in the winter or spring), even in critically dry water years. Figure 3-4.3 shows the average annual volume of Delta Surplus Water available by water year type, according to the 82-year historical hydrology used in CalSim II to simulate the Existing Condition. As shown in Figure 3-4.3, there is about 10 million acre-feet annually of Delta Surplus Water available on average, with over 22 million acre-feet of Delta Surplus Water available in wet years, over 11 million acre-feet in above normal years, just under 5 million acre- feet in below normal years, 2.5 million acre-feet in dry years, and about 1 million acre-feet in critical years.

25,000

20,000

15,000

10,000

Average Annual Volume Average(TAF) Annual Volume 5,000

- Wet Above Below Dry Critical All Years Normal Normal

Figure 3-4.3 Volume of Delta Surplus Water Available (CalSim II Modeling)

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Water diverted for delivery and/or storage for the Local Agency Partners and Refuges would include the water supplies of some individual partners, with two Local Agency Partners, EBMUD and SCVWD, willing to share their water with the other partners. The partners would work together to secure any necessary modifications to relevant water rights permits, agreements, and/or contracts in order to use the sources of water described above. Table 3-4.2 lists the water rights that could be used in the LVE Project. Changes such as modifications to the place of use and point of diversion under these permits could be required. Long-term transfer or exchange agreements would be needed for the water to be diverted, stored, and delivered for use by the LVE Project.

Table 3-4.2 Water Rights for Potential Use in LVE Project Permit/License Application Agency Number Number Source of Water CCWD Permit 20749 20245 Old River, Victoria Canal CCWD Permit 20750 25516 Kellogg Creek Feather River, Italian Slough, Sacramento DWR Permit 16478 5630 Delta Channels Feather River, Sacramento-San Joaquin Delta DWR Permit 16479 14443 Channels Italian Slough, Sacramento-San Joaquin Delta DWR Permit 16481 14445A Channels Italian Slough, Sacramento-San Joaquin Delta DWR Permit 16482 17512 Channels, San Luis Creek EBMUD License 11109 4228 Mokelumne River EBMUD Permit 10478 13156 Mokelumne River ECCID None (pre-1914) S000404 Indian Slough Reclamation Permit 12721 5626 Sacramento River Reclamation Permit 11967 5628 Trinity River Reclamation Permit 12722 9363 Sacramento River & Delta Reclamation Permit 12723 9364 Sacramento River & Delta Reclamation Permit 12725 9366 Rock Slough Reclamation Permit 12726 9367 Rock Slough Reclamation Permit 11315 13370 American River Reclamation Permit 11316 13371 American River Reclamation Permit 16597 14858 Stanislaus River Reclamation Permit 11968 15374 Trinity River Reclamation Permit 11969 15375 Trinity River Reclamation Permit 11971 16767 Trinity River Reclamation Permit 11973 17374 Trinity River Reclamation Permit 12364 17376 Clear Creek Reclamation Permit 13776 18115 Stony Creek Reclamation Permit 16600 19304 Stanislaus River Reclamation Permit 15735 22316 Rock Slough

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3-4.5 Relationship to Other Water Projects

3-4.5.1 Current Relationships

CCWD and most of the potential partners for the LVE Project are either CVP or SWP contractors (or, in the case of SCVWD, both) that rely on the CVP and SWP for at least part of their water supplies. The water supply portfolio for each of the potential partners is briefly described in Section 3.4.3 of this application. CCWD currently cooperatively coordinates operations of Los Vaqueros Reservoir with CVP and SWP operations. The Los Vaqueros Reservoir Coordinated Operations Agreement was executed on April 28, 2011, and stated the purpose of the agreement was to facilitate cooperative operation of the CVP and the LVE Project to ensure that the respective goals of CCWD and Reclamation are met to the extent feasible. CCWD also coordinates with EBMUD for the use of the EBMUD-CCWD Intertie, which connects the raw water conveyance systems of the two agencies. Under an agreement between CCWD, EBMUD, Sacramento County Water Agency, and Freeport Regional Water Authority, CCWD can opt to divert up to 3,200 acre-feet per year of CCWD’s CVP contract water supply at the Freeport Regional Water Intake Facility on the Sacramento River and convey this water through EBMUD facilities and the Folsom South Canal owned by Reclamation for delivery through the EBMUD-CCWD Intertie. The EBMUD-CCWD Intertie also functions as an emergency connection between EBMUD and CCWD, enabling the districts to share water resources in an emergency or during planned outages. The EBMUD-CCWD Intertie can also be used to facilitate regional transfers and exchanges with other parties that share interconnections or have other mechanisms for water exchange with either EBMUD or CCWD. In recognition of the potential for mutual and regional benefits through the use of existing infrastructure, CCWD has cooperatively undertaken several pilot partnership projects with some of the Local Agency Partners in recent years. These pilot projects are described in Section 1.2.3.4 of the Draft Supplement (See Section 5-4 of this application). In 2014, the Bay Area’s largest public water agencies embarked on the Bay Area Regional Reliability Partnership and agreed to work together toward regional solutions to improve the water supply reliability for the more than 6 million residents and thousands of businesses and industries in the area. The objective of the Bay Area Regional Reliability (BARR) Partnership is to enable Bay Area agencies to work cooperatively to address regional water supply reliability concerns and drought preparedness on a mutually beneficial basis. Together ACWD, BAWSCA, CCWD, EBMUD, Marin Municipal Water District (MMWD), SFPUC, SCVWD, and Zone 7, secured a grant from Reclamation to develop a BARR Drought Contingency Plan. The BARR Drought Contingency Plan evaluates short-term response actions to drought and other emergencies as well as more permanent mitigation actions, including such

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projects as interconnections, new supply sources, water transfers and exchanges, and other projects to advance a joint approach to regional reliability. The LVE Project and associated facilities were evaluated together with other potential future projects in the BARR Drought Contingency Plan to determine how the region may benefit and become more resilient to drought and emergencies.

3-4.5.2 Integration with Existing Facilities

The LVE Project would be operated in integration with other regional water supply projects to provide ancillary benefits and increase the flexibility of state-wide water operations. The LVE Project would provide an additional way to store available CVP and SWP allocations for Local Agency Partners during wetter times for use at a later time. The LVE Project would also provide greater flexibility to convey water to Local Agency Partners during times when CVP and SWP export facilities are constrained by regulations for fisheries protection. This increased operational flexibility would be particularly useful in delivering supplies during a drought. Integrating the LVE Project operations with CVP system operations could reduce constraints on CVP and SWP Delta export operations and enable incidental benefits to accrue to the Refuges and the Local Agency Partners. The LVE Project would also be integrated with the Freeport Intake operations. CCWD, EBMUD, SCWA, and the Freeport Regional Water Authority have an existing agreement that allows for CCWD to divert water at the Freeport Regional Water Intake Facility and convey this water through EBMUD facilities and the Folsom South Canal owned by Reclamation for delivery through the EBMUD-CCWD Intertie. The use of the Freeport Intake could be expanded to allow CCWD, Local Agency Partners, and the Refuge Water Supply Program to receive water diverted from the Freeport Intake through the EBMUD-CCWD Intertie. This water could be delivered directly to Local Agency Partners or Refuges, stored in Los Vaqueros Reservoir for later use, or delivered to CCWD in exchange for water previously stored in Los Vaqueros Reservoir by other Local Agencies Partners. The LVE Project operations would also be integrated with the operation of Santa Clara Valley Water District’s Advanced Water Purification Center. SCVWD’s Advanced Water Purification Center produces 8 million gallons per day currently, and at least 24,000 acre-feet per year of additional capacity is planned for the future. Water produced at the expanded facility would be used for groundwater recharge or direct potable reuse. The membrane technology employed at the Advanced Water Purification Center to treat the water produces purified water continuously, and that water must be sent somewhere even during wet times when local groundwater storage is at capacity and/or SWP and CVP allocations are sufficient to meet treated water demands. During wet times when SCVWD has excess supplies from the Advanced Water Purification Center, and/or SWP and CVP allocations, and limited local storage, the LVE Project would allow the excess CVP and SWP supplies to be stored in Los Vaqueros Reservoir. These supplies stored in Los Vaqueros

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Reservoir would then be used by SCVWD during a drought or would be made available to other Local Agency Partners and the Refuges when they have an unmet demand. SCVWD and Zone 7 have also identified times when the LVE Project would improve groundwater recharge and conjunctive use operations in their respective service areas. Deliveries from Los Vaqueros Reservoir to enhance groundwater recharge would typically occur after a major drought when deliveries from the Delta and local precipitation have been limited and groundwater resources are in need of replenishment.

3-4.5.3 Integration with Planned Future Facilities

The LVE project could also be integrated with future planned water projects to improve operation of the state water system. The Association of California Water Agencies commissioned a modeling study to evaluate the benefits of integrating the operation of new storage projects with the existing CVP/SWP1. The new storage facilities evaluated included: the LVE Project, Sites Reservoir, Centennial Reservoir, American River Conjunctive use, San Luis Reservoir Enlargement, Temperance Flat Reservoir, Tulare Lake Storage and Floodwater Protection Project, and Groundwater Storage in the Kern Fan Area. When all of the proposed storage projects were modeled together and integrated with the CVP and SWP, the average carryover storage in existing upstream project reservoirs (Trinity, Shasta, Oroville, and Folsom) would increase by 250 thousand acre feet (TAF) and by more than 550 TAF in critical years. Such increased storage levels in existing storage facilities would provide multiple benefits to fishery habitat, recreation, water supply reliability, hydropower, groundwater sustainability, and more. Annual water deliveries would increase by 720 TAF and 450 TAF in dry and critical years, respectively. While a larger volume of water would be captured in wet years, an average of approximately 21 MAF of surplus would remain in these same years. Water stored in wetter years would be carried over to improve dry year water availability, while providing additional benefits of increased carryover storage to fisheries and other resource areas. Conjunctive management would improve, particularly in the San Joaquin and Tulare basins. For additional information about the ACWA study, the full report is attached in application Section 3-5 Project Description Support.

3-4.6 Facilities The LVE Project would meet the objectives by operating a combination of existing facilities, modified facilities and new facilities. The LVE Project would divert water at existing intakes and would not expand the intake capacities or construct new intakes. The LVE Project would modify the existing Transfer Facility and some of the facilities in the EBMUD system to accommodate

1 https://www.acwa.com/wp-content/uploads/2017/06/2017-06-05-ACWA-Integrated-Storage-Final-Report.pdf

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new partner operations. The LVE Project would expand Los Vaqueros Reservoir storage from 160 TAF to 275 TAF and construct a new Transfer-Bethany Pipeline that would connect the Los Vaqueros system to the Bethany Reservoir and enable the LVE project to convey water to the South Bay Aqueduct and the California Aqueduct. New facilities would be also be constructed to deliver water to the Transfer Facility from the Rock Slough Intake, which entails building a new Neroly High-Lift Pump Station and replacing Pumping Plant #1. New pipelines to deliver water to the City of Brentwood Water Treatment Plant and to ECCID’s Bixler Intake would be constructed. The recreation facilities in the Los Vaqueros Reservoir and watershed would be expanded and improved.

3-4.6.1 Existing Facilities

3-4.6.1.1 Los Vaqueros Reservoir & Watershed The Los Vaqueros Reservoir is an off-stream reservoir located in southeastern Contra Costa County that is owned and operated by CCWD and was originally constructed with a capacity of 100,000 acre-feet (100 TAF). Los Vaqueros Reservoir was expanded to 160 TAF in 2012 and Reclamation and CCWD are currently evaluating the second phase of expansion up to the 275- TAF capacity. Los Vaqueros Reservoir is filled by pumping water from the Delta uphill to the Transfer Facility and then up to the reservoir. The existing reservoir can be filled using water diverted at Old River, Middle River, or Freeport Intakes. The LVE Project would also make it possible to fill from the Rock Slough Intake. The Los Vaqueros Watershed includes public recreational facilities that provide opportunities for boating, fishing, and education on 20,000 acres of managed land. The watershed has an extensive trail network open to equestrians, hikers and cyclists, and provides excellent bird watching opportunities for raptors such as Golden and Bald Eagles. Expansion of the reservoir would provide increased recreational opportunities for visitors and maintain other existing benefits. Figure 3-4.4 shows the existing Los Vaqueros Reservoir and Watershed.

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Figure 3-4.4 Photo of Los Vaqueros Reservoir and Watershed

The evaporation from Los Vaqueros Reservoir has been calculated since December 2004 using data collected at a weather station located within the Los Vaqueros Watershed2. The seasonal evaporation rate is shown in Figure 3-4.5. The maximum evaporation rate occurs in July when the temperature and daylight length both reach the annual peaks. Total volume of evaporation depends on the surface area of the reservoir, which increases with water surface elevation.

2 https://wrcc.dri.edu/cgi-bin/rawMAIN.pl?caCLVQ

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Evaporation from Los Vaqueros Reservoir 10

8

6

4 Inches/month Inches/month

2

0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Evaporation (inches/month)

Figure 3-4.5 Seasonal Pattern of Evaporation in Los Vaqueros Watershed

3-4.6.1.2 Contra Costa Canal and Rock Slough Intake The Contra Costa Canal was completed by the U.S. Department of the Interior, Bureau of Reclamation in 1948. The canal is owned by Reclamation and operated by CCWD. The canal is the primary conveyance facility for CCWD’s water supply, carrying Delta water from the Rock Slough Intake and the Old River and Middle River Intakes (via the Los Vaqueros Pipeline) for delivery to treatment plants, large industries, and irrigation customers throughout CCWD’s service area. The canal is 48 miles long with capacity ranging from 350 cfs at the Rock Slough Intake to 22 cfs at its western terminus at the Martinez Reservoir. CCWD’s Contra Costa Canal Replacement Project replaces the 4-mile long, unlined portion of the Contra Costa Canal between the Rock Slough Fish Screen and Pumping Plant #1 with a buried 10’-diameter concrete pipe. The remaining 44 miles after Pumping Plant #1 are concrete- lined. The earth-lined portion of the Contra Costa Canal is subject to water quality degradation due to seepage into the canal from saline groundwater in the area, as well as seepage losses where the groundwater table is lower than canal water levels. Replacing the open channel with a buried pipe also eliminates evaporative losses. Removal of the open water facility also improves public safety, system security, and flood control, which are needed in light of the developing and planned urbanization in the vicinity. A series of four pumping plants lift the water from Rock Slough to 126 feet above sea level, after which the water flows by gravity to the terminus. The pumping capacity at Pumping Plant #1 will be reduced from the design capacity of 350 cfs to

August 2017 Page | 3-4.19 Proposition 1 Water Storage Investment Program Funding Application Los Vaqueros Reservoir Expansion Project Tab 3 Section 4 Project Description approximately 200 cfs with the completion of the Canal Replacement Project, due to the increase in friction losses in the pipe compared to the open channel.

3-4.6.1.3 Old River Intake The Old River Intake diverts water from Old River through a fish screen with an area of 1,250 square feet and delivers it to the Old River Pipeline. The pump station has five 2,100-horsepower pumps that deliver up to 250 cubic feet per second (cfs). The Old River Intake and Pump Station has a design capacity of up to 320 cfs. Water diverted at the Old River Intake is conveyed via the Old River Pipeline to the Transfer Facility where it either can be delivered to the Los Vaqueros Reservoir or the Contra Costa Canal. 3-4.6.1.4 Middle River Intake The Middle River Intake was completed in 2009 and is a 250-cfs intake on Victoria Canal. The Middle River Intake is connected to the Old River Pipeline via a 2.5-mile buried pipeline across Victoria Island and through a tunnel beneath Old River. The intake is equipped with a state-of- the-art positive barrier fish screen.

3-4.6.1.5 Old River Pipeline, Transfer Facility, Transfer Pipeline, and Los Vaqueros Pipeline The Old River Pipeline connects the Old River Intake and Pump Station to the Transfer Facility. The pipeline is about 34,700 feet long and 78 inches in diameter and can convey up to 320 cfs. The pipeline is in a CCWD-owned 85-foot-wide permanent right-of-way. From the Transfer Facility, water can be pumped up to the reservoir through the Transfer Pipeline, or allowed to flow down to the Contra Costa Canal through the Los Vaqueros Pipeline. The Transfer Facility includes the following facilities:

• Transfer Pump Station. An 8,400-horsepower plant that delivers up to 200 cfs to the reservoir • Transfer Reservoir. A 4-million-gallon reservoir that provides water storage for flow control operations • Flow Control Station #1. Regulates flow from the Transfer Pipeline into the Los Vaqueros Pipeline

The Transfer Pipeline consists of about 19,600 feet of 72-inch-diameter pipe and connects the Transfer Facility to the reservoir. The Transfer Pipeline can convey up to 200 cfs from the Transfer Facility to the reservoir and up to 400 cfs from the reservoir to the Transfer Facility. The pipeline is in an 85-foot right-of-way. The Los Vaqueros Pipeline connects the Transfer Facility to the Contra Costa Canal at the Neroly Blending Facility in Oakley. The pipeline consists of two continuous segments: the first is about 18,000 feet long with a 96-inch-diameter pipe and the second is 29,000 feet long with a 90-inch diameter pipe. The pipeline is in an 85-foot right-of-way and has a capacity of 400 cfs.

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The Neroly Blending Facility includes a flow control station that dissipates excess water pressure from the pipeline in order to control the amount of water entering the canal.

3-4.6.1.6 EBMUD-CCWD Intertie East Bay Municipal Utility District (EBMUD) owns and operates the Mokelumne Aqueducts, which convey water to EBMUD’s service area from Pardee Reservoir on the Mokelumne River in the Sierra Nevada and the Freeport Intake on the Sacramento River. The EBMUD-CCWD Intertie connects Los Vaqueros Pipeline with Mokelumne Aqueduct #2 where the two facilities intersect in Brentwood. With no additional pumping required, the 155-cfs EBMUD-CCWD Intertie can be used to deliver water from Mokelumne Aqueduct #2 into the Los Vaqueros Pipeline, either uphill to the Transfer Facility for storage in Los Vaqueros Reservoir or downhill to the Contra Costa Canal for delivery to CCWD’s service area. Water can also be moved from the Transfer Facility through the Los Vaqueros Pipeline to be pumped into Mokelumne Aqueduct #2 to deliver to EBMUD’s service area, although flows in this direction cannot currently be sustained for long periods.

3-4.6.1.7 Freeport Intake The Freeport Regional Water Project was completed in 2010 by EBMUD and Sacramento County Water Agency (SCWA). Facilities include a water intake and pumping plant in the Sacramento River at Freeport, a pipeline connecting the Freeport Intake to the Folsom South Canal, a pipeline connecting the southern end of the Folsom South Canal to the Mokelumne Aqueduct, and two pumping plants in series to pump water from the Folsom South Canal and the Mokelumne Aqueduct. SCWA supplies drinking water to approximately 35,000 customers in the central part of Sacramento County using up to 132 cfs of Freeport Intake capacity, supplementing its groundwater supplies. EBMUD takes its dry-year CVP contract water through the Freeport Regional Water Facility at a rate of up to 155 cfs. Since EBMUD only uses the Freeport Intake in dry years, EBMUD’s Board of Directors has adopted principles for use by other parties of unused EBMUD capacity in the Freeport Regional Water Facility. The EBMUD-CCWD Intertie was first used in February 2011 to deliver CCWD’s CVP contract water to CCWD under an agreement between CCWD and EBMUD as part of the system operational readiness testing of the Freeport Regional Water Authority facilities. The EBMUD- CCWD Intertie was used again in September 2013 to deliver 2,000 acre-feet of Mokelumne River water transferred from Woodbridge Irrigation District to CCWD and in July 2014 to deliver 1,609 acre-feet of CCWD’s CVP contract water from the Freeport Intake. The EBMUD- CCWD Intertie has not been used to move any substantial amounts of water into Mokelumne Aqueduct #2 from Los Vaqueros Pipeline; while this operation could be done in an emergency, pressure head in Los Vaqueros Pipeline is not high enough for flows to Mokelumne Aqueduct #2 to be sustained without pumping.

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3-4.6.1.8 Los Vaqueros Pipeline and Energy Recovery Project The Los Vaqueros Energy Recovery Project was completed in 2012 and generates up to 1 megawatt of power by recapturing energy from water delivered in the Los Vaqueros Pipeline using a conduit hydroelectric turbine-generator system. The Los Vaqueros Pipeline connects the Transfer Facility to the Contra Costa Canal at the Neroly Blending Facility in Oakley. The pipeline is in an 85-foot right-of-way and has a capacity of 365 cfs for gravity flow downhill from the Transfer Facility to the turbine-generator at the Neroly Blending Facility. The Neroly Blending Facility includes a flow control station that dissipates excess water pressure from the pipeline in order to control the amount of water entering the Contra Costa Canal. The energy recovery system was installed to capture the energy released in this process and transmit it to other CCWD facilities to offset existing electrical loads.

3-4.6.2 New and Modified Facilities

The LVE Project includes use of some of CCWD’s and EBMUD’s existing facilities, with upgrades or expansions of certain existing facilities, and requires construction of some new facilities. Figure 3-4.6 shows a map of all of the proposed LVE Project facilities, the call out boxes on the figure represent the new facilities.

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Figure 3-4.6 Los Vaqueros Reservoir Expansion Project New Facilities

August 2017 Page | 3-4.23 Proposition 1 Water Storage Investment Program Funding Application Los Vaqueros Reservoir Expansion Project Tab 3 Section 4 Project Description

3-4.6.2.1 Los Vaqueros Reservoir Dam Raise Like the existing dam, the raised dam would be a central core earthfill embankment. The dam would be raised by building on top of both the upstream and downstream shells of the existing dam. The existing vertical central core and the filter/drainage system would be raised and the dam axis would move about 45 feet upstream. The dam would be 282 feet high and have a crest (or top) elevation of 572 feet msl. The water surface elevation would be 560 feet msl when expanded to the 275-TAF capacity. The dam crest would be 30 feet wide and about 1,630 feet long. The downstream and upstream slopes would be about 2.25:1 and 3.5:1, respectively. The new embankment fill would add about 4.8 million cubic yards to the current dam volume of 2.8 million cubic yards for a total of 7.6 million cubic yards of embankment fill. Table 3-4.3 contains a summary of the existing and planned dam characteristics.

Table 3-4.3 Characteristics of the Los Vaqueros Dam Modification Maximum Maximum Water Dam Dam Height Total Reservoir Surface Crest Above Embankment Capacity Elevation Elevation Downstream Volume Dam Crest (TAF) (msl) (ft) Toe (ft) (mcy) Length (ft) Existing 160 510 523 230 3.8 1,300 LVE Project 275 560 572 282 7.6 1,630

The dam raise will increase the capacity of Los Vaqueros Reservoir by 115 TAF and increase the surface area by approximately 14 acres. Figure 3-4.7 shows the stage-storage curve and Figure 3-4.8 shows the surface area-storage curve for the expanded reservoir.

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Figure 3-4.7 Stage-Storage Curve for the Expanded Los Vaqueros Reservoir

Figure 3-4.8 Surface Area-Storage Curve for the Expanded Los Vaqueros Reservoir

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3-4.6.2.2 Transfer Station Upgrade The existing Transfer Pump Station pumps would be upgraded to retain the current permitted pumping capacity of 200 cfs under the higher head of the expanded Los Vaqueros Reservoir. The upgrades to the existing pumps would consist primarily of changing out electric pump motors and modifying the pumps. A new 300-cfs capacity pump station and an additional 5-MG storage tank would be constructed within the footprint of the existing Transfer Facility site, northeast of the existing Transfer Pump Station, (see Figure 3-4.6) to deliver water into the Transfer-Bethany Pipeline. The proposed site for the new pump station immediately adjacent to the existing Transfer Pump Station minimizes the length of piping to the Transfer-Bethany Pipeline tie-in and intertie piping between the Old River Pipeline and Delta-Transfer Pipeline compared to other siting options and also minimizes operation and maintenance staff travel time.

The new 5-MG tank would have a 91-foot radius and be approximately 30 feet tall. Power would be provided to the six new 50-cfs pumps from a new substation and new electrical motor control center building. Pacific Gas and Electric (PG&E) power, of 21 kilovolts (kV) delivered to the new pump station and reservoir, would follow the same overhead route and come from the same PG&E substation as are used to deliver power to the existing Transfer Facility.

3-4.6.2.3 Transfer-Bethany Pipeline The proposed new Transfer-Bethany Pipeline would deliver water from the Transfer Facility to the vicinity of Bethany Reservoir for south-of-Delta partners and would have a capacity of 300 cfs, with a pipeline diameter of 84 inches. The Transfer-Bethany Pipeline would start at the Transfer Facility and head generally southeast to connect to the California Aqueduct just north of Bethany Reservoir. (See Figure 3-4.6.) 3-4.6.2.4 Delta-Transfer Pipeline The proposed capacity of the new Delta-Transfer Pipeline is 180 cfs. Given the capacity of the existing Old River Pipeline of 320 cfs, an additional 180 cfs of pipeline capacity would match the 500-cfs total combined physical capacity of the existing Old River Intake (250 cfs) and Middle River Intake (250 cfs). The proposed new Delta-Transfer Pipeline would be constructed between the existing Old River Intake and Pump Station and the Transfer Facility, generally parallel to the existing Old River Pipeline. (See Figure 3-4.6.) The Delta-Transfer Pipeline would be about 34,700 feet long (about 6.5 miles) and approximately 66 inches in diameter.

3-4.6.2.5 Neroly High-Lift Pump Station A new high-lift pump station on the Contra Costa Canal near CCWD’s Neroly Blending Facility (Neroly High-Lift Pump Station) is proposed to pump water from the existing Contra Costa Canal to the existing Transfer Facility, which would enable filling of Los Vaqueros Reservoir and deliveries to the Transfer-Bethany Pipeline from the existing Rock Slough Intake. The

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proposed capacity of the Neroly High-Lift Pump Station is 350 cfs, to match the existing permitted diversion capacity at Rock Slough Intake. The Neroly High-Lift Pump Station, including electrical, hydraulic, and mechanical systems, would be constructed on the existing CCWD property at the Randall-Bold Water Treatment Plant site (see Figure 3-4.6). The intake to the Neroly High-Lift Pump Station would be two 72-inch pipelines that would deliver water under gravity to a wet-well that would be constructed under the pump station location. The pump station would include 6 pumps, each with 50-cfs capacity, requiring about 12,000 kVA of new additional connected power load from the existing Western Area Power Administration transmission network that supplies CCWD facilities. The discharge from the Neroly High-Lift Pump Station would be a single 84-inch, 1,155-foot pipeline connecting to Los Vaqueros Pipeline.

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3-4.6.2.6 Pumping Plant #1 Replacement Replacement of Pumping Plant #1 on the Contra Costa Canal would be needed to restore the designed and permitted Rock Slough Intake diversion capacity of 350 cfs for the with-project condition. The separately-approved Contra Costa Canal Replacement Project, which is replacing the open channel portion of the Contra Costa Canal with a buried pipe, will lower the operating water surface levels at Pumping Plant #1 due to the friction losses added by the pipeline. Pumping would be limited to approximately 200 cfs using the existing Pumping Plant #1 pumps after the completion of the Canal Replacement Project, which is assumed for the without-project condition. Larger horsepower pumps set at a lower elevation than the currently existing pumps at Pumping Plant #1 would be needed to move the same amount of water (350 cfs) as previously has been moved through this system. A larger new building and upgraded electrical facilities are also included in the proposed upgrade of Pumping Plant #1 and would be built in the vicinity of the existing Pumping Plant #1 structure in the existing Contra Costa Canal right-of-way owned by Reclamation. The new pump station would have a total of six new pumps, three pumps in each of two parallel wet wells. New power lines and substations would be required for the new Pumping Plant #1 (see Figure 3-4.6).

3-4.6.2.7 Los Vaqueros Watershed Recreation Facilities Marina The existing Marina Complex, including the facilities at the south cove and the end of Los Vaqueros Road, would be inundated to make way for an expanded 275-TAF reservoir. A new Marina Complex would replace the existing Marina Complex upslope of the existing facilities at the southern end of Los Vaqueros Reservoir (see Figure 3-4.9).

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Figure 3-4.9 Existing Los Vaqueros Marina Complex

The new Marina Complex would be compliant with the Americans with Disabilities Act (ADA) and would include:

1. Parking, including ADA-accessible stalls and turnouts as close and as level as possible to the reservoir; 2. A boat launch ramp for servicing the rental fleet and for contractor’s boats; 3. Covered picnic areas with concrete tables/benches, a play area, shade structures, remote restrooms, and other visitor amenities; 4. An outdoor amphitheater; 5. A Marina building, with room for a building lobby, interpretive displays, offices to accommodate up to 15 employees, requisite bathrooms and septic system, retail area, and food service area with sinks; 6. Outbuildings for storage, workshop space, water treatment and electrical equipment, and a large enclosed yard for larger items and other storage; 7. Fishing piers, fish cleaning stations, and a fish plant tube; and 8. Docks, which would include a dock surface smoother, two covered berths for patrol boats, berths for 50 electric-powered rental boats and three pontoon boats, davits (small cranes) to lift rental boats out of the water for cleaning, and a large boat house with room to hang life jacket/personal floatation devices and gear.

Figure 3-4.10 shows the conceptual layout of the new facilities.

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Figure 3-4.10 Proposed New Marina Facility at Los Vaqueros Reservoir

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Interpretive Center The existing Los Vaqueros Interpretive Center would be upgraded and enlarged within the existing developed location just north of the dam along Kellogg Creek.

Watershed Office Barn Restoration The existing old barn near the Los Vaqueros Watershed Office would be seismically and structurally upgraded, and an interpretive exhibit about ranching history in the area and a classroom area for demonstrations and to complement the existing outdoor education program would be added. A new conservation and native plant demonstration garden and an expanded parking area to accommodate school buses would be located in the vicinity of the old barn. (See Figure 3-4.11)

August 2017 Page | 3-4.31 Proposition 1 Water Storage Investment Program Funding Application Los Vaqueros Reservoir Expansion Project Tab 3 Section 4 Project Description

Figure 3-4.11 Proposed Upgrades to Watershed Office Barn Area

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Trails & Interpretive Features in the Field Los Vaqueros Watershed has an extensive trail network open to equestrians, hikers and cyclists. With the expansion of the reservoir, some of the trails would be modified because a few of the existing trails and access roads would be inundated or otherwise lost. These trails would be relocated within the watershed on higher ground. Relocating these trails would maintain existing recreational benefits. A new 0.5-mile ADA accessible interpretive trail would be built surrounding the Mortero Wetland Complex, which is located adjacent to the Walnut Staging Area at the northern end of the Los Vaqueros Watershed. The new trail would include interpretive displays, viewing facilities, and shade structures and would generally follow the existing gravel road/trail with loops, turnouts, and rest areas.

3-4.6.2.8 Walnut Creek VFD Variable frequency drives would be installed at EBMUD’s Walnut Creek Pumping Plant to facilitate deliveries through the EBMUD-CCWD Intertie from EBMUD’s Mokelumne Aqueduct #2 to the Los Vaqueros Pipeline. Currently, EBMUD meets its customer demand by managing flow rates on the three separate Mokelumne Aqueducts using a combination of pumping and gravity flows. The ability to throttle pumping on these aqueducts is limited. When flow is being conveyed through the EBMUD-CCWD Intertie from Mokelumne Aqueduct #2 to or from Los Vaqueros Pipeline, it is very challenging operationally to balance the flows entering EBMUD’s Walnut Creek Pumping Plant with the demands on the other side. Variable frequency drives on all three aqueducts to would allow adjustments of supply to meet EBMUD service area demand while managing deliveries to the Los Vaqueros system. The installation of variable frequency drives at EBMUD’s Walnut Creek Pumping Plant would require the construction of two new buildings to house the variable frequency drives. New structures would be located adjacent to the building housing Walnut Creek Raw Water Pumping Plants 1 and 2 and next to Pumping Plant #3. Both of these structures would be located on EBMUD property.

3-4.6.2.9 Mokelumne Aqueducts Relining EBMUD has determined that a planned maintenance project – the Mokelumne Aqueducts Relining Project – would contribute to the overall reliability of the LV project by ensuring that there is hydraulic capacity to convey water to the reservoir and by reducing the risk of aqueduct failure. This maintenance project will preserve the integrity of the pipe and restore its hydraulic capacity. Aqueduct No. 2 is a 67-inch steel pipeline that was installed in 1949. Cement mortar lining (CML) on the interior of the pipe helps to protect it from corrosion. Inspections conducted by EBMUD between 1999 and 2016 showed extensive damage to the CML in all of Aqueduct No. 2

August 2017 Page | 3-4.33 Proposition 1 Water Storage Investment Program Funding Application Los Vaqueros Reservoir Expansion Project Tab 3 Section 4 Project Description and in the aboveground portion of Aqueduct No. 3. This damaged lining needs to be replaced in order to protect the steel pipeline itself from internal corrosion. The first 15 miles of Aqueduct No. 2 near Pardee Reservoir are made of precast steel-cylinder concrete pipe that does not require relining. For the remainder of the pipe, the existing CML will have to be removed via a manual process with crews entering the pipeline and using handheld tools. New lining can then be applied. The project will also require the installation of manholes and concrete vaults to facilitate the access of personnel and construction equipment.

3-4.6.2.10 ECCID Pipeline A new intertie pipeline of up to 80-cfs capacity between the existing Transfer Facility and East Contra Costa Irrigation District’s existing Bixler Intake (ECCID Intertie) would be constructed to deliver water from CCWD facilities to ECCID. The proposed alignment of the approximately 7-mile long ECCID intertie pipeline would run north along Walnut Boulevard in Brentwood and east parallel to ECCID’s main distribution canal, as shown in Figure 3-4.6.

3-4.6.2.11 Brentwood Pipeline A new pipeline to move water from CCWD’s Neroly Blending Facility to the City of Brentwood Water Treatment Plant would be constructed in the with-project condition. An up-to 48-inch diameter pipeline would be sized for flows up to 46.5 cfs (30 million gallons per day). The new pipeline would divert water from the Contra Costa Canal downstream of Flow Control Station #2 of the Los Vaqueros Pipeline, extend approximately 4,500 feet to the east, parallel to the south side of the Contra Costa Canal, and connect to the existing City of Brentwood Water Treatment Plant Inlet Pipeline, as shown in Figure 3-4.6.

3-4.6.2.12 Rock-Slough Fish Screen Improvements Since operation of the Rock Slough Fish Screen commenced in August 2011, a larger than expected amount of invasive aquatic weeds including Egeria densa, water hyacinth, coontail, and aquatic primrose have surrounded the screen on both sides and covered the log booms and navigational lights (see Figure 3-4.12). The Rock Slough Fish Screen Improvements would improve the performance of the facility and the ability to meet the intended operating and fish protection objectives. The improvements would provide more efficient and reliable rake mechanisms and the needed tools for maintaining and operating the facility and include the following:

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Figure 3-4.12 Rock Slough Fish Screen Facility

Rake Improvements The existing rake system at the Rock Slough Fish Screen is not performing as intended. Installation of new rake heads and other rake modifications would improve the reliability and debris removal effectiveness of the rakes, in order to ensure that screen approach velocities are uniform across the entire screen and do not exceed USFWS design conditions for protection of sensitive fish of 0.2 feet per second.

1. New automated hydraulic rakes/heads would be installed, including four rakes/heads that would empty onto the debris conveyance system. The rake repairs include the following modifications: 1. Replacement of the rake head with a re-designed head that would more effectively capture and remove debris and clean the screen; 2. Installation of hydraulic seal containment/cooling/alarm systems to return fluid to the hydraulic reservoir in the event of a hydraulic cylinder seal failure; and 3. Re-programming of the rake head to provide multiple cleaning modes that would improve cleaning and enable testing of various debris removal and brush-only cycles.

Debris Conveyance System Improvements The debris conveyance system would be improved by modifying the debris pits so that small tractors can be used to safely remove debris and carry debris to the drying area at the site.

Platform Extension The existing platforms would be extended in front of the screens and rakes to allow safe access to the rakes by maintenance personal when the rakes are stopped at any position along the screen.

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Boat Ramp Construction The installation of two boat ramps (upstream and downstream of the screen) would allow access to inspect and maintain the in-water components of facility. They would also be used to launch vessels to deploy booms if there is an accidental release of fluids and to mechanically harvest or to apply herbicides to control aquatic weeds.

Log Boom Placement The current placement of the log booms is not effective at reducing the amount of aquatic vegetation contacting the screen. Currently, there are two log booms approximately 20 and 40 feet offshore of and parallel to the screen, anchored into the rip rap within the facility property boundary. One log boom would be removed, and the other would be relocated approximately 600 feet upstream of the screen and positioned to span directly across the width (approximately 165 feet) of Rock Slough.

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