Agenda

Monterey Peninsula Regional Water Authority (MPRWA)

Directors & Technical Advisory Committee
JOINT SPECIAL MEETING
6:30 PM, Tuesday, June 23, 2105
Seaside City Hall
440 Harcourt Ave
Seaside, California

ROLL CALL
PLEDGE OF ALLEGIANCE
REPORTS FROM BOARD DIRECTORS AND STAFF
PUBLIC COMMENTS
PUBLIC COMMENTS allows you, the public, to speak for a maximum of three minutes on any
subject which is within the jurisdiction of the MPRWA and which is not on the agenda. Any person
or group desiring to bring an item to the attention of the Authority may do so by addressing the
Authority during Public Comments or by addressing a letter of explanation to: MPRWA, Attn:
Monterey City Clerk, 580 Pacific St, Monterey, CA 93940. The appropriate staff person will contact
the sender concerning the details.

CONSENT AGENDA
1.

Approve and File Authority Checks Through June 23, 2015 - Milton-Rerig

2.

Receive Report on Visit to the Monterey Peninsula by Tam Dudoc, P.E., Member of the
State Water Resources Control Board on May 29, 2015 - Cal Am

3.

Receive Certificate of Appreciation for Keith Israel and Authorize Appointment of his
Replacement on the Technical Advisory Committee (TAC) - Cullem
AGENDA ITEMS

4.

Discuss Concerns of the City of Marina with Respect to the Monterey Peninsula Water
Supply Project (MPWSP) and the Pure Water Monterey/Ground Water Replenishment
(GWR) Projects and Provide Direction - Cullem

5.

Receive Presentation, Discuss, Provide Direction and Authorize Sending of Comment

Letter to the California Public Utilities Commission (CPUC) on the Monterey Peninsula
Water Supply Project Draft Environmental Impact Report - SPI/Geosyntec

6.

Discuss, Provide Direction and Authorize Sending of Comment Letter to the PCA / Water
Management District on the Pure Water Monterey/Ground Water Replenishment (GWR)
Project - Cullem

7.

Receive an Update on the Summary Project Schedule for the Monterey Peninsula Water

Sunday, June 23, 2115

Supply Project (MPWSP) Including Status of Slant Test Well Operations and Results Crooks
8.

Receive Report, Discuss, Provide Staff Direction, and Authorize the Water Authority
Executive Director and/or President to Co-sign or Send Letter in Support of the Proposed
Cease and Desist Order Extension Request - Cullem
ADJOURNMENT

The City of Monterey is committed to including the disabled in all of its services, programs and
activities. In compliance with the Americans with Disabilities Act, if you need special assistance
to participate in this meeting, please contact the City Clerks Office at (831) 646-3935.
Notification 30 hours prior to the meeting will enable the City to make reasonable arrangements
to ensure accessibility to this meeting [28 CFR 35.102-35.104 ADA Title II]. Later requests will
be accommodated to the extent feasible. For communication-related assistance, dial 711 to use
the California Relay Service (CRS) to speak to City offices. CRS offers free text-to-speech, speechto-speech, and Spanish-language services 24 hours a day, 7 days a week. If you require a hearing
amplification device to attend a meeting, dial 711 to use CRS to talk to the City Clerk's Office at
(831) 646-3935 to coordinate use of a device.
Agenda related writings or documents provided to the MPRWA are available for public
inspection during the meeting or may be requested from the Monterey City Clerks Office at 580
Pacific St, Room 6, Monterey, CA 93940. This agenda is posted in compliance with California
Government Code Section 54954.2(a) or Section 54956.

Monterey Peninsula Regional Water Authority

Agenda Report

FROM:

Date: June 23, 2015

Item No: 1.

Authority Clerk Milton-Rerig

SUBJECT: Approval and File Authority Checks through June 11, 2015
RECOMMENDATION:
It is recommended that the Authority approve and file the accounts payable payments
made during the period May 14, 2015 through June 11, 2015 with total payments for the
above referenced period of $35,022.44 from the general fund account and authorize the
Directors to sign for such checks.
DISCUSSION:
At its meeting on September 12, 2013, the Authority Board approved a staff
recommendation to provide the Directors a listing of financial obligations since the last
report for inspection and confirmation. Each invoiced expense has been reviewed and
approved by the Executive Director and Finance personnel prior to payment to insure that
it conforms to the approved budget.
The following checks are hereby submitted to the Authority for inspection and
confirmation.

$5,616.00 to Brownstein Hyatt Farber and Schreck for Special Legal Counsel
Services.

$ 850.00 to Environmental Relations for Public Outreach services

$ 900.00 to Access Monterey Peninsula

$ 5,000.00 to Perry and Freeman for contracted Legal Counsel Services

(May/June)

$17,656.44 To the City of Monterey for Executive Director Services

$5,000.00 to the City of Monterey for Contracted Annual Facility usage fee and
Agenda Management System access

The bank balance as of June 23, 2015 is sufficient cover the above check therefore,
staff is recommending approval.
ATTACHMENTS:

Budget to Actual Report through June 23, 2015

3:11 PM
06/19/15
Accrual Basis

Monterey Peninsula Regional Water Authority

Profit & Loss Budget vs. Actual

July 1, 2014 through June 19, 2015

Budget

Actual Jul 1, '14 Jun 19, 15

$ Over Budget

% of Budget

Ordinary Income/Expense
Income
47200 Program Income
47230 Membership Dues

458,680.00

621,914.86

-163,234.86

47240 Program Service Fees

0.00

0.00

0.00

0.0%

47250 Reimbursement SPI Contract

0.00

18,562.14

-18,562.14

100.0%

47260 Reimburesment VE Contract

0.00

0.00

0.00

0.0%

47200 Program Income - Other

0.00

0.00

0.00

0.0%

458,680.00

640,477.00

-181,797.00

139.64%

Total 47200 Program Income

Interest Income

135.59%

0.00

2.94

-2.94

100.0%

458,680.00

640,479.94

181,799.94

139.64%

60901 Clerk of the Board

24,000.00

24,000.00

0.00

100.0%

60902 Executive Director

94,680.00

35,260.24

59,419.76

37.24%

Total Income

Expense
60900 Administration and Clerical

60903 Principal Offc of the Authority

5,000.00

0.00

5,000.00

0.0%

60904 Financial Services

6,000.00

6,000.00

0.00

100.0%

60905 Misc Admin Expenses

Total 60900 Administration and Clerical

500.00

0.00

500.00

0.0%

130,180.00

65,260.24

64,919.76

50.13%

39.68%

62100 Legal Fees

62110 Board Counsel

63,000.00

25,000.00

38,000.00

62140 Special Counsel

152,000.00

43,019.52

108,980.48

28.3%

215,000.00

68,019.52

146,980.48

31.64%

Total 62100 Legal Fees

62800 Contract Services

60801 Public Outreach
60806 Contract VE
62802 Audit Services

35,000.00

6,083.33

28,916.67

17.38%

200,000.00

104,988.64

95,011.36

52.49%

6,000.00

6,805.00

-805.00

113.42%

62803 Televised Meeting

10,000.00

4,112.50

5,887.50

41.13%

62804 Contract Services & Studies

30,000.00

0.00

30,000.00

0.0%

281,000.00

121,989.47

159,010.53

43.41%

65000 Insurance

7,500.00

6,673.44

826.56

88.98%

65100 Travel Expenses

5,000.00

325.00

4,675.00

6.5%

20,000.00

0.00

20,000.00

0.0%

658,680.00

262,267.67

396,412.33

39.82%

Total 62800 Contract Services

68300 Contingency
Total Expense

Net Income

378,212.27

100.0%

Page 1 of 1

Monterey Peninsula Regional Water Authority

Agenda Report

FROM:
SUBJECT:

Date: June 23, 2015

Item No: 2.

Executive Director Cullem

Receive Report on visit to the Monterey Peninsula by Tam Dudoc, P.E.,
Member of the State Water Resources Control Board, on May 29, 2015

RECOMMENDATION:
It is recommended that the Water Authority Board receive report the visit of State Water
Resources Board (SWRCB) member Tam Dudoc,P.E, on May 29, 2015.
DISCUSSION:
On May 5, 2015, Jason Burnett, on behalf of the Water Authority as well as the Water
Management District and the County, inviting one or more of the SWRCB members to
visit Monterey and receive briefings and tours of the efforts and accomplishments of our
community in meeting the objectives of CDO 2009-0060.
Board Director Tam Dudoc, P.E. visited on May 29. Attached is an article by Cal Am
President Robert MacLean discussing the details of the visit. The article was published
in the Monterey County Herald on June 13, 2015.
Our Public Outreach Consultant, Ashley Beleny, Environmental Relations, Inc. assisted
in the preparations for the visit, and Vice-President Kampe served as the representative
of the Water Authority.
ATTACHMENTS:
A- Copy of MacLean Article from the Monterey County Herald June 13, 2015.

06/12

Building bridges to water

By Robert MacLean, Special to The Herald! 06113115
California American Water, California
Officials from the Monterey Peninsula Water Management District,
Monterey Peninsula Regional Water Authority
Department of Health, Monterey County Water Resources Agency,
led Tam Dudoc of the State Water
recently
Agency
Control
Pollution
Water
and the Monterey Regional
County. The event was significant because the
Resources Control Board on a tour of water projects in Monterey
to Monterey County's water future.
board is the most influential agency in California when it comes
more about the breadth of inter-agency
Dudoc was generous with her time, devoting a full day to learn
be part of the tour and to help showcase the
to
proud
very
was
I
County.
Monterey
in
water
on
n
cooperatio
ly address long-term water needs.
impressive projects that are planned or operating to sustainab
Monterey County Water Resource Agency's
Stops on the tour included the Salinas Valley Water Project, the
Valley Groundwater Basin, and the Sand City
program to reduce the spread of seawater intrusion in the Salinas
in Sand City to help showcase the city's vision
Desalination Facility. Mayor Dave Pendergrass joined the tour
and leadership in delivering this successful source of new water.
partnership program between Cal Am and the
Dudoc was also introduced to the aquifer storage and recovery
river flows underground for use in the
Monterey Peninsula Water Management District, which stores winter
also visited Pacific Grove's planned recycled
summer, and the San Clemente Dam Removal Project. The tour
updated the group on the steady progress
water project where City Manager Tom Frutchey and Mayor Kampe
being made.
Water Supply Project at the Lapis Sand
We visited Cal Am's new test slant well for the Monterey Peninsula
update on the Pure Water Monterey groundwater
Mine site in Marina and met with MRWPCA leadership for a an
replenishment project.
inter-agency cooperation and visited
Lastly, the group met with County Supervisor Dave Potter to review
through a grant by Cal Am.
funded
was
which
Avenue,
Monte
Del
on
project
removal
turf
Monterey's
Water Management District who took the lead
Special thanks are owed to Dave Stoldt of the Monterey Peninsula
g the Peninsula's leading water conservation
on tour logistics. Stoldt and his team did a wonderful job highlightin
of the Carmel River.
achievements and demonstrating their commitment to restoration
on the tour stops and demonstrated their
I also want to thank all of the Cal Am employees who assisted
dedicated men and women are the unsung heroes
professionalism and commitment to your utility service. These
who make sure you have clean and reliable water around the clock.
issues in Monterey County are better known at
Tours like this go a long way toward ensuring the unique water
a basis of mutual cooperation and
on
formed
is
policy
water
state
and
the state level and that local
understanding.
Robert MacLean is president of California American Water.

ox&type=14dfe6783f7a7f1a&th=14df52e2fa93d06a&siml= 14df52e2fa93d06a

https://m ai I .google.com /mail/u/0/?ui = 2&i k= 67187e3808&view= pt&search=inb

1/2

Monterey Peninsula Regional Water Authority

Agenda Report

FROM:

Date: June 23, 2015

Item No: 3.

Executive Director Cullem

SUBJECT: Certificate of Appreciation for Keith Israel and Selection of His

Replacement on the Technical Advisory Committee (TAC).
RECOMMENDATION:
It is recommended that the Water Authority Board receive a copy of the
Certificate of Appreciation presented to Keith Israel, General Manager of
the Monterey Regional Water Pollution Control Agency (MRWPCA), on
behalf of the Water Authority for his years of service as a member of the
TAC, and for the Water Authority Board to also name his successor at the
PCA as a member of the TAC.
DISCUSSION:
Keith Israel has served as a member of the TAC since 2012. Over the
years he has provided the Authority with up-to-date information on the
GWR project, has actively participated in the deliberations of the TAC, and
wise advise in all matters that have come before it. He will be greatly
missed, but the TAC looks forward to working with his replacement.
The Attached Certificate of Appreciation was presented to Keith at his
retirement party on June 22.
Keith will have to be replaced on the TAC, and staff recommends the
Authority name the General Manager of the MRWPCA as a TAC member.
His successor at this time is Paul Sciuto.
ATTACHMENTS:
Certificate of Appreciation for Keith Israel

06/12

MONTEREY PENINSULA REGIONAL

WATER AUTHORITY

CERTIFICATE OF APPRECIATION
FOR OUTSTANDING SERVICE

Whereas, The Board of Directors of the Monterey Peninsula Regional Water Authority
hereby wishes to express its heartfelt appreciation to Keith Israel for outstanding service to the
community as a member of the Monterey Peninsula Regional Water Authority Technical
Advisory Committee (TAC) from September 2012 to June 2015.
Whereas, Keith Israel has always participated constructively in the deliberations of the
TAC, providing well reasoned and thoughtful input to sometimes contentious discussions,
especially with respect to the Pure Water Monterey (PWM) / Ground Water Replenishment
(GWR) project, and
Whereas, Under Keith Israel's leadership as General Manager,
er, the Monterey Regional
Pollution Control Agency has facilitated the use of recycled wastewater for agricultural
purposes, reversal of salt water intrusion in the Castroville area, and potential use in addressing
the critical shortage of potable water oon the Monterey Peninsula, and
Whereas, Keith Israel will be retiring from the Pollution Control Agency and resigning
his position on the TAC as of June 30, 2015,
Now Therefore, The Board of Directors wishes to commend Keith Israel for his hard
work and dedicated service to the Water Authority and to this community and wishes him
continued success in all his future endeavors.

Jason Burnett, President

James M. Cullem. Executive Director

Ralph Rubio,

David Pendergrass, Director

Bill Kampe,

Monterey Peninsula Regional Water Authority

Agenda Report

FROM:

Date: June 23, 2015

Item No: 4.

Executive Director Cullem

SUBJECT: Discuss Concerns of the City of Marina with Respect to the

Monterey Peninsula Water Supply Project (MPWSP) and the
Pure Water Monterey/Ground Water Replenishment (GWR)
Projects and Provide Direction
RECOMMENDATION:
It is recommended that the Water Authority receive and discuss concerns
of the City of Marina with respect to the MPWSP and the GWR projects.
DISCUSSION:
Although the comment period for the GWR DEIR is closed, the public
review period for the MPWSP DEIR is open until the end of June. As a
separate agenda item, the Authority will receive a report from its consultant
on a portion of the MPWSP DEIR.
Since the City of Marina will play an integral part in the completion of both
the MPWSP and the GWR, staff recommends that at least one elected
official and one staff member be invited to participate in the discussion of
the consultant presentation, and also use the opportunity to inform the
Water Authority of City of Marina concerns with both water projects.
Accordingly, President Jason Burnett extended an invitation to Mayor
Delgado to attend the June 23 Authority meeting. Although Mayor Delgado
has advised that he is unable to participate due to a prior commitment, he
indicated a desire to send another elected or staff official as his
representative. As of June 19, no specific Marina official has been identified
by name but we expect a representative will be able to attend.

06/12

Monterey Peninsula Regional Water Authority

Agenda Report

FROM:

Date: June 23, 2015

Item No: 5.

Executive Director Cullem

SUBJECT: Receive Presentation, Discuss, Provide Direction and

Authorize Sending of Comment Letter to the California Public
Utilities Commission (CPUC) on the Monterey Peninsula Water
Supply Project Draft Environmental Impact Report
RECOMMENDATION:
It is recommended that the Water Authority and the TAC receive a report
from Separation Processes Inc. (SPI) and Geosyntec on a focused review
of the Draft Environmental Impact Report (DEIR) for Cal Am's Monterey
Peninsula Water Supply Project (MPWSP) and authorize sending of a
comment letter to the CPUC.
DISCUSSION:
On May 14, 2015 the Water Authority authorized the Executive Director to
award a contract for a focused review of intake technologies and brine
discharge as identified in the MPWSP DEIR, section ES.8.
After contacting 3 qualified consultants, the Executive Director awarded a
contract to the only firm which could perform the review in the time
available, Separation Processes Inc. (SPI) and its sub-consultant
Geosyntec.
Copies of the RFP, Proposal, and contract are at Exhibits A,B, and C.
SPI and Geosytec will present their preliminary report and findings at a joint
Water Authority/TAC meeting. Following the presentation, the Authority can
consider sending a comment letter to the CPUC by the DEIR comment
deadline date of due 30 June 3015.

06/12

FISCAL IMPACT:
The contract is for a fee of not-to-exceed $40,000, as authorized by the
Water Authority and for which sufficient FY 2014/2015 funds are available.
EXHIBITS:
A- Request for Proposal (RFP)
B- SPI Proposal
C- Contract for Focused Review of the MPWSP DEIR
D. Preliminary Draft Report (To be provided before or at the meeting)

EXHIBIT A - SCOPE OF SERVICES

The Scope of Services for this Agreement between The Monterey Peninsula Regional
Water Authority (MPRWA) and Separation Processes, Inc. (SPI) for Consultant
Support Services shall include the following:
Activities
Geosyntec Consultants, as a sub-consultant to SPI will review the following sections of
the DEIR (identified as A. General Documents, B. Brine Discharge Specific Documents,
and C. Intake Specific Documents) and provide a summary technical memorandum
answering the following two questions with respect to the DEIR for the Monterey
Peninsula Water Supply Project:
1. Does the DEIR address the main critical issues on source water intake system?
2. Does the DEIR address the main critical issues on brine disposal system?
A. General Documents

Main Report: Brief review of Executive Summary, Section 1. Introduction, Section

2. Project Description, Section 3.4.1.1. Subsurface Slant Wells, Section 3.6.1
Operation of the Seawater Intake System, MPWSP Desalination Plant, and Brine
Discharges, Section 4.2. Geology, Soils, and Seismicity, Section 4.3.3 Impacts
and Mitigation Measures (limited to Impacts 4.3-4 and 4.3-5), Section 4.4.
Groundwater Resources, Section 6. MPSWP Variant, and Section 7.
Alternatives.

B. Intake Specific Documents

Appendices E1-E2: Review of groundwater modeling, including model selection,

integration of selected models, model calibration, and modeling results.

Appendix C3: Review exploratory borehole results as needed to confirm the

accuracy of the geologic representation in the groundwater models.

C. Brine Discharge Specific Documents

Appendices D1-D4:
Reviews of far-field analysis of brine discharge, brine
discharge diffuser analysis (near-field), water quality analysis of the discharges,
and ocean plan compliance assessment. Confirm appropriateness of approach,
linkages between near and far-field models, accuracy of results, and check
conservatism.

Deliverables

Summary Draft Technical Memorandum (TM)

Timely communications of major Issues with the Executive Director of the

MPRWA as any issues are Identified

Consultant shall attend a two hour meeting of the Technical Advisory Committee
(TAC) of the MPRWA to present Consultants summary of pertinent findings,
observations, issues, and recommendations, as well as to answer questions on
the TM and to discuss the DEIR. This meeting will take place in Monterey at
10:30 am on June 15, 2015.

Schedule

May 21 June 15, 2015

Fees

Services to be billed at rates included in the Subconsultant Plan (Exhibit C) notto-exceed $36,000 total for the Intake Review and Brine Discharge Review.

Fees for SPI oversight of and assistance to Geosyntec are not-to-exceed $4000.

EXHIBIT B
Monterey Peninsula Water Management District
Proposed Scope of Services for Separation Processes, Inc.
May 21, 2015 - SPI Revision 0

Rate
$206

Draft EIR Review

a
b

Review Draft EIR Document and Appendices

Prpare Technical Memorandum Describing Evaluation

SPI
10
8

TMH
10
8

TOTALS

18

18

TOTAL COST

Labor
$2,060
$1,648

Sub
$26,000
$10,000

$3,708

$36,000

Labor
$3,708

Sub
$36,000

ODC
$0
$0

Total
$28,060
$11,648

$0

$39,708

$0

Total
$39,708

ODC

CONTRACT FOR PROFESSIONAL SERVICES

DEIR Review Services Agreement
THIS AGREEMENT is executed this 21 day of v-4,01
, 2015 by and between
the Monterey Peninsula Regional Water Authority, a municipal corporation, hereinafter called
"Authority", and Separation Processes, Inc. (SPI), hereinafter called "Consultant".
IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:
1.
Scope. Consultant hereby agrees to provide to the Authority, as the scope of
services under this Agreement, the following services: focused DEIR Review Services, as
further described on the following attachments: the Scope of Work under this contract (attached
hereto as Exhibit "A"), and the approved Consultant's Proposal dated May 22, 2015 (attached
hereto as Exhibit "B"). In case of any conflict between these documents, the Scope of Services
shall take first precedence over the Consultant's proposal.
2.
Timely Work. Consultant shall perform all tasks in a timely fashion, as set forth
more specifically in paragraph 3 below. Failure to so perform is hereby deemed a material
breach of this Agreement, and Authority may terminate this Agreement with no further liability
hereunder, or may agree in writing with Consultant to an extension of time.
3.
Term. The work under this Agreement shall commence May 22, 2015 and shall
be completed by June 15, 2015 unless Authority grants a written extension of time as forth in
paragraph 2 above.
4.
Compensation. Authority agrees to pay and Consultant agrees to accept as full
and fair consideration for the performance of this Agreement, an hourly fee as set forth in
Consultant's Proposal (Exhibit B), in a total amount not to exceed a total of Forty Thousand
Dollars ($40,000.00). Compensation under this Agreement shall become due and payable 30
days after Authority's approval of Consultant's submission of a written invoice to the Authority
Executive Director upon acceptance of the deliverables. Written invoices shall clearly identify
the work elements and shall include a copy of timesheets or invoices from any sub-consultants.
The payment of any compensation to Consultant hereunder shall be contingent upon
performance of the terms and conditions of this Agreement to the satisfaction of the Authority. If
Authority determines that the work set forth in the written invoice has not been performed in
accordance with the terms of this Agreement, Authority shall not be responsible for payment
until such time as the work has been satisfactorily performed.
5.
Additional Services. In the event that Authority should request additional
services not covered by the terms of this Agreement, said services will be provided by
Consultant and paid for by Authority only after a fee for said services has been agreed upon
between Consultant and Authority Executive Director and the Authority Executive Director
provides written authorization for the additional work.

6.
Schedule for Performing Services. For the work subject to this Agreement,
Consultant shall perform the services in accordance with a schedule as established during the
term of the contract.

T00008-CA (v. 1.0- 06/04/2013)

7.
Staffing Plan. Consultant shall provide Authority with the names of the key
professional personnel assigned to perform the services under this Agreement as well as a
general description of the services they will be assigned to perform.
8.
Subconsultant Plan. If Consultant intends to utilize the services of any
subconsultants to perform the services under this Agreement, the names of those
subconsultants and a general description of the services they will be assigned to perform shall
be attached hereto as Exhibit "C" Subconsultant Plan.
9.
Meet and Confer. Consultant agrees to meet and confer with Authority or its
agents or employees with regard to services as set forth herein as may be required by Authority
to insure timely and adequate performance of this Agreement.
10.

Indemnification. Consultant hereby agrees to the following indemnification

clause:
To the fullest extent permitted by law (including, without limitation, California Civil Code
Sections 2782 and 2782.6), Consultant shall defend (with legal counsel reasonably
acceptable to the Authority), indemnify and hold harmless the Authority and its officers,
designated agents, departments, officials, representatives and employees (collectively
"Indemnitees") from and against claims, loss, cost, damage, injury expense and liability
(including incidental and consequential damages, court costs, reasonable attorneys' fees,
litigation expenses and fees of expert consultants or expert witnesses incurred in connection
therewith and costs of investigation) to the extent they arise out of, pertain to, or relate to, the
negligence, recklessness, or willful misconduct of Consultant, any Subconsultant, anyone
directly or indirectly employed by them, or anyone that they control (collectively "Liabilities").
Such obligations to defend, hold harmless and indemnify any lndemnitee shall not apply to the
extent that such Liabilities are caused in part by the negligence, or willful misconduct of such
Indemnitee.
Notwithstanding the provisions of the above paragraph, Consultant agrees to indemnify
and hold harmless the Authority from and against any and all claims, demands, defense costs,
liability, expense, or damages arising out of or in connection with damage to or loss of any
property belonging to Consultant or Consultant's employees, contractors, representatives,
patrons, guests or invitees.
Consultant further agrees to indemnify Authority for damage to or loss of Authority
property to the proportionate extent they arise out of Consultant's negligent performance of
the work associated with this agreement or to the proportionate extent they arise out of any
negligent act or omission of Consultant or any of Consultant's employees, agents, contractors,
representatives, patrons, guests or invitees; excepting such damage or loss arising out of the
negligence of the Authority

11.
Insurance. Consultant shall submit and maintain in full force all insurance as
described herein. Without altering or limiting Consultant's duty to indemnify, Consultant shall
maintain in effect throughout the term of this Agreement a policy or policies of insurance with
the following minimum limits of liability:

Commercial general liability insurance including but not limited to premises, personal
injuries, bodily injuries, products, and completed operations, with a combined single limit
of not less than $1,000,000 per occurrence and $1,000,000 in the aggregate.
Professional Liability Insurance. Consultant shall maintain in effect throughout the term
of this Agreement professional liability insurance with limits of not less than $1,000,000
per claim and $1,000,000 in the aggregate. Consultant will either maintain or cause to be
maintained professional liability coverage in full force or obtain extended reporting (tail)
coverage (with the same liability limits) for at least three years following City's
acceptance of the work.
Commercial automobile liability insurance covering all automobiles, including owned,
leased, non-owned, and hired automobiles, used in providing services under this
Agreement, with a combined single limit of not less than $1,000,000 per occurrence.
Workers' Compensation Insurance. If Consultant employs others in the performance of
this Agreement, Consultant shall maintain workers' compensation insurance in
accordance with California Labor Code section 3700 and with a minimum of $100,000
per occurrence for employer's liability.
Other Insurance Requirements
A.

All insurance required under this Agreement must be written by an insurance

company either:

admitted to do business in California with a current A.M. Best rating of no

less than A:VI; or
an insurance company with a current A.M. Best rating of no less than A:
VII.

Exception may be made for the State Compensation Insurance Fund when
not specifically rated.
B.

Each insurance policy required by this agreement shall be endorsed to state

that Authority shall be given notice in writing at least thirty days in advance of
any cancellation thereof, except 10-day notice for nonpayment of the
premium.

C.

The general liability and auto policies shall:

Provide an endorsement naming the Authority, its officers, officials, and

employees as additional insureds under an ISO CG 20 10 07 04 or ISO 20 37
07 04 or their equivalent.

Provide that such insurance is primary and non-contributing insurance to any

insurance or self-insurance maintained by the Authority.

Contain a "Separation of Insureds" provision substantially equivalent

to that used in the ISO form CG 00 01 10 01 or their equivalent.

Provide for a waiver of any subrogation rights against the Authority via an
ISO CG 24 01 10 93 or its equivalent.

D.

Prior to the start of work under this Agreement, Consultant shall file
certificates of insurance and endorsements evidencing the coverage required
by this agreement with the Authority. Consultant shall file a new or amended
certificate of insurance promptly after any change is made in any insurance
policy which would alter the information on the certificate then on file.

E.

Neither the insurance requirements hereunder, nor acceptance or approval of

Consultant's insurance, nor whether any claims are covered under any
insurance, shall in any way modify or change Consultant's obligations under
the indemnification clause in this Agreement, which shall continue in full force
and effect. Notwithstanding the insurance requirements contained herein,
Consultant is financially liable for its indemnity obligations under this
Agreement.

F.

Any deductibles or self-insured retentions must be declared to and approved

by the Authority. At the option of the Authority, either: the insured shall
reduce or eliminate such deductibles or self-insured retentions as respects
the Authority, its officers, officials, employees and volunteers; or Consultant
shall provide a financial guarantee satisfactory to the Authority guaranteeing
payment of losses and related investigations, claim administration, and
defense expenses.

12.
Ownership of Work and Copyrights. Upon completion of the work under this
Agreement, ownership, title and copyrights to all materials and deliverables produced as part of
this Agreement will automatically be vested in the Authority and no further agreement will be
necessary to transfer ownership to Authority.
13.
Licensing Standard of Care. Consultant represents as follows: that it is
experienced in the professional services and a specialist in the work performed under this
Agreement; is duly organized, existing and in good standing under applicable state law; and is
properly licensed and/or certified to perform the work specified under this Agreement, including
but not limited to possession of a current City of Monterey business license, and will only
employ persons and subconsultants with all required licenses and certifications.
14.
Substitution of Consultant Personnel. The key personnel of Consultant or any
subconsultants listed in Consultant's proposal or in Subconsultant Plan (Exhibits C hereto) and
assigned to perform the work under this Agreement may not be substituted with or replaced by
other personnel or subconsultants without the advance written consent of Authority.
15.
Termination. Authority may terminate this Agreement upon ten days' written
notice. The amount of damages, if any, as a result of such termination may be decided by
negotiations between the parties or before a court of competent jurisdiction.
16.
Agency. In performing the services specified under this Agreement, Consultant
is hereby deemed to be an independent Consultant and not an agent or employee of Authority.
17.
Entire Agreement. This Agreement constitutes the entire Agreement between the
parties hereto and supersedes any and all prior agreements, whether oral or written, relating to
the subject matter thereof. Any modification of this Agreement will be effective only if it is in
writing signed by both parties hereto.

18.
Validity. If any provision in this Agreement is held by a court of competent
jurisdiction to be invalid, void or unenforceable, the remaining provisions will continue in full
force without being impaired or invalidated in any way.
19.
Assignment of Interest. The duties under this Agreement shall not be assignable,
delegable, or transferable without the prior written consent of Authority. Any such purported
assignment, delegation, or transfer shall constitute a material breach of this Agreement upon
which Authority may terminate this Agreement and be entitled to damages.
20.
Conflict of Interest. Consultant hereby certifies that it does not now have, nor
shall it acquire any financial or business interest that would conflict with the performance of
services under this Agreement.
21.
Counterparts. This Agreement may be executed in multiple originals, each of
which is deemed to be an original, and may be signed in counterparts.
22.
Laws. Consultant agrees that in the performance of this Agreement it will
reasonably comply with all applicable State, Federal and local laws and regulations. This
Agreement shall be governed by and construed in accordance with the laws of the State of
California and the City of Monterey.
IN WITNESS WHEREOF, this Agreement is entered into by the parties hereto on the
day and year first above written in Monterey, California.
AUTHORITY

James M. Cullem P.E.

Executive Director MPRWA

CONSULTANT

Alex E.`Wesner, P.E.

Vice President, SPI

Monterey Peninsula Regional Water Authority

Agenda Report

FROM:

Date: June 23, 2015

Item No: 6.

Executive Director Cullem

SUBJECT: Discuss, Provide Direction and Authorize Sending of Comment

Letter to the PCA / Water Management District on the Pure
Water Monterey/Ground Water Replenishment (GWR) Project

RECOMMENDATION:
It is recommended that the Water Authority discuss concerns expressed by
other agencies and interested parties concerning a firm long-term
commitment for, and physical availability of, adequate sources of intake
water to meet the demands of the Castroville Seawater Intrusion Project
(CSIP), the Marina Coast Water District (MCWD), and the Pure Water
Monterey/Ground Water Replenishment (GWR) project.
DISCUSSION:
The viability of the GWR project is critical to decisions on the sizing of the
Monterey Peninsula Water Supply Project (MPWSP) desal facility as
discussed in the Settlement Agreement.
The Draft Environmental Impact Report (DEIR) for the GWR project has
been out for public comment since April 22, 2015, with comments due to
the Water Pollution Control District by June 5, 2015.
Although the submission date for comments has passed, in light of recent
comments on the potential or a loss of identified sources for GWR the
Water Authority may want to consider whether a comment letter should be
sent to the MRWPCA in response to those concerns.

06/12

Monterey Peninsula Regional Water Authority

Agenda Report

FROM:

Date: June 23, 2015

Item No: 7.

Executive Director Cullem

SUBJECT: Receive an Update on the Summary Project Schedule for the Monterey
Peninsula Water Supply Project (MPWSP) Including Status of Slant Test
Well Operations and Results
RECOMMENDATION:
It is recommended that the Water Authority Board receive a report from Cal Am on the
latest "Summary" MPWSP schedule, including an update of the "Dashboard", and a
report on the performance of, and data from, the test slant well.
DISCUSSION:
Cal Am will provide an update at the Water Authority meeting.
ATTACHMENTS:
A-Current Cal Am "Summary" Schedule for Permits and Approvals (to be provided
before or at the meeting)

06/12

Monterey Peninsula Regional Water Authority

Agenda Report

FROM:

Date: June 23, 2015

Item No: 8.

Executive Director Cullem

SUBJECT: Receive Report, Discuss, Provide Staff Direction, and Authorize

the Water Authority Executive Director and/or President to Cosign or Send Letter in Support of the Proposed Cease and
Desist Order Extension Request

RECOMMENDATION:
It is recommended that the Water Authority Board receive an update on
efforts by the settling parties, including California American Water Co. (Cal
Am), the Monterey Peninsula Water Management District (MPWMD), and
the Monterey Peninsula Regional Water Authority (MPRWA) to obtain an
extension of the CDO 2009-60 deadline date of December 31, 2016.
DISCUSSION:
The Cal Am June 19, 2015 version of a Preliminary Draft Proposal for a
CDO extension is attached and is available at the Authority web site
www.mprwa.org.
Key principles included in the June 19 version are not materially changed
from the March 10 proposal and include:
A four-year extension of the CDO deadline from December 31, 2016
to December 31, 2020.
A new reduction schedule in regular increments during the extension,
but suspension of the prescribed reductions if MPWSP milestones
are satisfied.

06/12

 Authority for the SWRCB staff to suspend a reduction corresponding

to a missed milestone if staff determines that the milestone was
missed due to circumstances beyond the control of Cal-Am,
MPWMD, and the Water Authority.
Suspension of the reduction would be triggered by a joint written
statement from Cal Am, the MPWMD, and the MPRWA that the
milestone was missed for reasons outside our control. It is our
position that such a statement is to be assumed to be correct, and if
the SWRCB staff disagrees, the issue would be referred to the State
Board for a decision. In any case, the community retains its rights to
litigate the issue if necessary.
The Authority will continue to gather public input before it takes a formal
position on the final draft proposal. However, as time is of the essence, the
Authority is requested to authorize the President, or Authority Special
Council, to co-sign a Final Proposal, provided it is not materially different
from the June 19 Draft, no later than mid-July 2015.
ATTACHMENTS:
A- June 19, 2015 DRAFT Proposal to Amend SWRCB Order 2009-0060.