revised monterey regional water pollution control...
TRANSCRIPT
Monterey Regional Water Pollution Control Agency “Dedicated to meeting the wastewater and recycled water needs of our member agencies, while protecting the environment.”
Joint Powers Authority Member Entities: Boronda County Sanitation District, Castroville Community Services District, County of Monterey, Del Rey Oaks, Fort Ord, Marina Coast Water District, Monterey,
Moss Landing County Sanitation District, Pacific Grove, Salinas, Sand City, and Seaside.
AGENDA
RECYCLED WATER COMMITTEE (RWC)
Ralph Rubio, Chair Libby Downey, Dave Pendergrass, Ron Stefani and John M. Phillips
[Dennis Allion – Alternate]
DATE: Thursday, March 17, 2016
TIME: 3:00 pm
LOCATION:
Admin Conference Room 5 Harris Court, Building D Monterey, CA 93940
1. CALL TO ORDER
2. ROLL CALL
3. PUBLIC COMMENTS Anyone wishing to address the Committee on matters not appearing on the Agenda may do so now. Comments on any other matter listed on the Agenda are welcome at the time the matter is being considered by the Committee.
4. APPROVE RWC MINUTES FOR FEBRUARY 18, 2016
5. UPDATE ON CPUC WATER PROCEEDINGS (A.12-04-019), MONTEREY PENINSULA REGIONAL WATER AUTHORITY, AND TECHNICAL ADVISORY COMMITTEE
6. UPDATE ON THE GROUNDWATER REPLENISHMENT (GWR) PROJECT AND URBAN RECLAMATION PROJECTS
7. CONSIDER APPROVING AN INCREASE TO THE CONTRACT WITH PERKINS COIE FOR SUPPORT WITH PURE WATER MONTEREY IN THE CPUC PROCEEDINGS
8. CONSIDER APPROVING AN INCREASE TO THE CONTRACT WITH DENISE DUFFY & ASSOCIATES FOR RESPONDING TO MCWRA’S WATER RIGHTS PROTEST LETTERS
9. CONSIDER APPROVING AN INCREASE TO THE CONTRACT WITH TODD GROUNDWATER FOR CONTINUED SUPPORT FOR THE PURE WATER MONTEREY PROJECT ENGINEERING REPORT AND ASSISTANCE WITH THE PERMIT APPLICATION
REVISED
2
10. CONSIDER APPROVING AN AGREEMENT WITH MRWMD FOR PURCHASE OF ELECTRICAL ENERGY FROM MRWMD’S BIOGAS POWER GENERATION FACILITY
11. CONSIDER AWARD OF DESIGN CONTRACT FOR GWR INJECTION WELL FACILITIES
12. STAFF REPORTS
13. COMMITTEE MEMBER COMMENTS/REPORTS Committee Members may ask a question for clarification, make a brief announcement or make a brief comment or report on his or her own activities within the jurisdiction of the committee. No discussion or action is appropriate other than referral to staff for consideration or setting a matter as a future agenda item.
14. RECESS TO CLOSED SESSION As permitted by Government Code Section 54956 et seq. the Committee may adjourn to a closed session to consider specific matters dealing with pending or threatened litigation, certain personnel matters, or certain property negotiation matters.
Conference with Real Property Negotiators Pursuant to Government Code 54956.8
A. Property: Wastewater/Pipeline Agency Negotiator: Paul A. Sciuto, General Manager Negotiating Parties: Marina Coast Water District Under Negotiation: All Terms and Conditions
B. Property: Ocean Outfall Agency Negotiator: Paul A. Sciuto, General Manager Negotiating Parties: California American Water Under Negotiation: All Terms and Conditions
15. ADJOURNMENT
3
* * * * * * * * *
This Committee Meeting Notice and Agenda was hereby posted at:
MRWPCA 5 Harris Court, Building D,
Monterey, California 93940
POSTED: Monday, March 14, 2016
By: /s/ Chayito Ibarra Executive Assistant/Clerk to
the Board of Directors
Monterey Regional Water Pollution Control Agency “Dedicated to meeting the wastewater and recycled water needs of our member agencies, while protecting the environment.”
Joint Powers Authority Member Entities: Boronda County Sanitation District, Castroville Community Services District, County of Monterey, Del Rey Oaks, Fort Ord, Marina Coast Water District, Monterey,
Moss Landing County Sanitation District, Pacific Grove, Salinas, Sand City, and Seaside.
C O M M I T T E E
M I N U T E S / R E P O R T
RECYCLED WATER COMMITTEE
Thursday, February 18, 2016 3:04 pm to 4:20 pm
5 Harris Court, Building D
Monterey, California
AGENDA: 1. CALL TO ORDER
2. ROLL CALL
3. PUBLIC COMMENTS
4. APPROVE JANUARY 14, 2016 RWC MINUTES
5. UPDATE ON CPUC WATER PROCEEDINGS (A.12-04-019), MONTEREY PENINSULA REGIONAL WATER AUTHORITY, AND TECHNICAL ADVISORY COMMITTEE
6. UPDATE ON THE GROUNDWATER REPLENISHMENT (GWR) PROJECT AND URBAN RECLAMATION PROJECTS
7. CONSIDER APPROVING A CONTRACT WITH TRUSSELL TECHNOLOGIES INC. FOR CONTINUED SUPPORT FOR THE PURE WATER MONTEREY PROJECT ENGINEERING REPORT
8. CONSIDER APPROVING A CONTRACT WITH TRUSSELL TECHNOLOGIES INC. FOR CONTINUED SUPPORT FOR MODIFYING MRWPCA’S NPDES PERMIT FOR THE PURE WATER MONTEREY PROJECT
9. CONSIDER APPROVING RESOLUTION 2016-XX, FORMALIZING SUPERVISION AND OVERSIGHT OF THE SVRP STORAGE POND FACILITY
10. STAFF REPORTS
11. COMMITTEE MEMBER COMMENTS/REPORTS 12. RECESS TO CLOSED SESSION A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code 54956.8
PROPERTY: WASTEWATER/PIPELINE
AGENCY NEGOTIATOR: PAUL A. SCIUTO, GENERAL MANAGER
NEGOTIATING PARTIES: MARINA COAST WATER DISTRICT
UNDER NEGOTIATION: ALL TERMS AND CONDITIONS
DRAFT
Minutes DRAFT
Recycled Water Committee February 18, 2016
2
PRESENT: Recycled Water Committee
Ralph Rubio, Chair Ron Stefani John M. Phillips Libby Downey David Pendergrass ABSENT:
None
PRESENT: MRWPCA Staff: ;
Paul A. Sciuto General Manager
Stephen Hogg Assistant General Manager
Rob Wellington Legal Counsel
Tori Hannah Chief Financial Officer
Bob Holden Principal Engineer
Mike McCullough Government Affairs Administrator
Jennifer Gonzalez Engineering Manager
Bill Kocher Pure Water Monterey Program Manager
Chayito Ibarra Executive Assistant
OTHERS PRESENT: Scott Ottmar, City of Seaside
3. PUBLIC COMMENTS At 3:02 pm, Chair Rubio called for Public Comments; none received.
4. APPROVE JANUARY 14, 2016 RWC MINUTES
Chair Rubio stated that the January 14, 2016 draft Recycled Water Committee minutes are presented to the Committee for their approval.
ACTION TAKEN: It was moved by Member Pendergrass, seconded by Member Stefani, to approve the January 14, 2016 RWC Minutes and carried by the following vote:
Ayes: Rubio, Stefani, Downey, Pendergrass
Noes: None
Absent: None
Abstain: Phillips
Minutes DRAFT
Recycled Water Committee February 18, 2016
3
5. UPDATE ON CPUC WATER PROCEEDINGS (A.12-04-019), MONTEREY PENINSULA REGIONAL WATER AUTHORITY, AND TECHNICAL ADVISORY COMMITTEE Mr. Sciuto stated that the Agenda for the January 27 Special TAC meeting was provided to the RWC. He provided the committee with a brief summary of the items discussed at that meeting. Mr. Sciuto reported that Felicia Marcus, Chair of the State Water Resources Quality Control Board, sent a letter to the California Public Utilities Commission (CPUC) in support of the Pure Water Monterey Project. Discussion from the Committee continued regarding whether staff changes at the Coastal Commission will affect the CPUC process with regard to the coastal permits for the desal project.
6. UPDATE ON THE GROUNDWATER REPLENISHMENT (GWR) PROJECT AND URBAN RECLAMATION PROJECTS Mr. Sciuto introduced Bill Kocher, Pure Water Monterey Program Manager, to the Committee. Mr. Sciuto reported that for the last couple of weeks Mr. Kocher has been attending meetings and getting up to speed with the Pure Water Monterey project. He stated that moving forward Mr. Kocher will be presenting this item along with Mr. Holden. Mr. Holden presented the expenditures for the Brine/Outfall and Groundwater UR budgets. He provided the Committee with a summary of the schedule for completed and upcoming events. Mr. Sciuto reported that earlier this week the State Water Resources Control Board approved expanding its 1% financing available for recycled water projects from $800 million to approximately $960 million. He confirmed that the Pure Water Monterey Project is included in the list of projects that is eligible for 1% financing. Discussion from the Committee was had whether the protests received for water rights for the Blanco Drain, Tembladero Slough and Reclamation Ditch delay things. Mr. Holden stated that the Pure Water Monterey Project is also listed as being recommended for a $15 million grant and the CEQA Plus needs to be completed in order to qualify for that along with the 1% financing. He stated that the two protests received were from the California Department of Fish and Wildlife and National Marine Fisheries Service. Although these protests are not directly related to the CEQA Plus, permits for the Pure Water Monterey project will be requested from both of these Agencies and if they are protesting the water sources they are not likely to approve the permits for the project.
Minutes DRAFT
Recycled Water Committee February 18, 2016
4
Mr. Rubio asked if any of the Consultants have a connection to the Governor’s office that can assist with clearing the way with the protests. Mr. Sciuto stated that he, Mr. Kocher and Mr. McCullough met with Thomas Howard, Executive Director, and Board Chair, Felicia Marcus, of the State Water Resources Control Board. They also met with Martha Guzman-Aceves, Deputy Legislative Secretary for Governor Jerry Brown, and Assemblymember Stone and his staff. Mr. Sciuto also talked with Nicole Charles, Field Representative for Senator Monning about this and will continue to pursue options to get past the protests. In answering Member Pendergrass’ question, Ms. Hannah stated that the Agency billed MPWMD about $400K for December and January for their cost-sharing portion of the PWM Project. She stated that MPWMD had a question about one of the bills but confirmed that they have been timely with issuing payment.
Information Only – No Action is Required
7. CONSIDER APPROVING A CONTRACT WITH TRUSSELL TECHNOLOGIES INC. FOR CONTINUED SUPPORT FOR THE PURE WATER MONTEREY PROJECT ENGINEERING REPORT As way of background, Mr. Holden stated that the Pure Water Monterey Project Engineering Report is the main document that is required for the Department of Drinking Water (DDW) of the State Water Resources Control Board (SWRCB) to recommend project approval by the Regional Water Quality Control Board (RWQCB). Mr. Holden stated that at the June 29, 2015 Board meeting, the Board approved a contract with Trussell Technologies Inc. to work with Nellor Environmental Associates, Inc. (NEA) and Todd Groundwater (Todd) to develop the Engineering Report. He reported that on January 29, 2016 the draft Engineering Report was submitted to DDW with copies to the RWQCB. Mr. Holden provided the committee with the following summary of steps required for approval of the Engineering Report:
DDW will review the draft Engineering Report
Staff will respond to any comments by DDW
Title 22 hearing will held
Public Comment period
Mr. Holden stated that following the public comment period, staff will respond to those comments and will assist with other documents that the DDW needs to approve the Engineering Report and provide suggested permit conditions to the RWQCB. The RWQCB will issue a tentative permit then they will hold their public hearing. He added that the work required is very technical and staff anticipates that most of the questions from staff or the public will be related to the portion of the Engineering Report written by Trussell Technologies Inc. Mr. Holden stated that because this is a very important
Minutes DRAFT
Recycled Water Committee February 18, 2016
5
part of the Pure Water Monterey Project permitting process, staff would like to retain Trussell to complete the process all the way through obtaining the RWQCB permits. Member Phillips left the room at 3:30 pm
Mr. Holden, in response to Chair Rubio’s question, clarified that the funds for this contract have been encumbered but have not been allocated. Mr. Rubio requested that in the future staff include the fiscal impact in the staff report so the Committee knows whether it has been included in the budget. Mr. Holden stated that he would include the fiscal impact in the Board Transmittal for this item.
ACTION TAKEN: It was moved by Member Pendergrass, seconded by Member Stefani, to approve a contract with Trussell Technologies, Inc. for a cost not to exceed $36,559 for continued support in completing the Engineering Report and carried by the following vote:
Ayes: Rubio, Stefani, Downey, Pendergrass
Noes: None
Absent: Phillips
8. CONSIDER APPROVING A CONTRACT WITH TRUSSELL TECHNOLOGIES INC. FOR CONTINUED SUPPORT FOR MODIFYING MRWPCA’S NPDES PERMIT FOR THE PURE WATER MONTEREY PROJECT
Mr. Holden stated that this item was considered separately from the contract for the Engineering report because it is on a separate account code. He noted that the funds for this contract have been included in the budget but have not yet been allocated. Mr. Holden stated that the National Pollutant Discharge Elimination System (NPDES) permit that staff is proposing is the most complicated permit ever but is advantageous to the Pure Water Monterey Project. He noted that Trussell Technologies Inc. created the approach that was shared with the RWQCB and was favorably received. He noted that a similar approach would be beneficial for the NPDES permit modification if the Agency takes Cal-Am’s desalination water brine.
Mr. Holden stated that during a recent meeting with staff from the RWQCB they informed him that they only want to open the NPDES permit once and it should include Cal-Am. Agency staff will be having further discussions with the RWQCB staff to explain that Cal-Am is 1 ½ years away from having a certified CEQA, which is required to obtain a permit. Staff will request that the permit only be for the Pure Water Monterey Project and not include Cal-Am and next time the permit is renewed it could potentially include Cal-Am.
Minutes DRAFT
Recycled Water Committee February 18, 2016
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Mr. Holden stated that staff would like to retain Trussell Technologies, Inc. to continue with the approach they developed and continue to support staff as they pursue a revised NPDES permit.
ACTION TAKEN: It was moved by Member Stefani, seconded by Member Downey, to approve a contract with Trussell Technologies, Inc. for a cost not to exceed $48,946 for continued support in modifying MRWPCA’s NPDES permit and carried by the following vote:
Ayes: Rubio, Stefani, Downey, Pendergrass
Noes: None
Absent: Phillips
9. CONSIDER APPROVING RESOLUTION 2016-XX, FORMALIZING SUPERVISION
AND OVERSIGHT OF THE SVRP STORAGE POND FACILITY Ms. Gonzalez stated that this item is presented to correct an oversight of over 18 years when the Salinas Valley Reclamation Project storage pond facility was constructed. In the original SVRP Basis of Design Report, there was mention of the Division of Safety of Dams (DSoD) and the process that the Agency must go through to construct the Pond to keep it non-jurisdictional. Ms. Gonzalez stated that although the Agency has always operated and maintained the facility under the intent of the required parameters, it appears the requirements were never formally followed through. Ms. Gonzalez stated that in order to ensure that the SVRP storage pond meets all of the requirements to be a non-jurisdictional facility; staff is requesting that the Committee recommend approval of a resolution which addresses each of the provisions of the California Water Code, Division 3, Chapter 2, Section 6025.5 (a)-(c). Once the resolution has been approved by the Board, staff will contact DSoD to finalize their finding with the intent that the facility will be found to be non-jurisdictional. ACTION TAKEN: It was moved by Member Pendergrass, seconded by Member Stefani, to approve Resolution 2016-XX, formalizing supervision and oversight of the SVRP Storage Pond Facility and carried by the following vote:
Ayes: Rubio, Stefani, Downey, Pendergrass
Noes: None
Absent: Phillips
10. STAFF REPORTS
Minutes DRAFT
Recycled Water Committee February 18, 2016
7
Mr. Sciuto reported that Mr. McCullough has been providing many tours of the Pure Water Monterey Demonstration Facility. He noted that Senator Monning and Assemblymember Stone and their staff have toured the facility. Mr. Sciuto stated that staff will be reaching out to all of the local City Councils to invite them to tour the facility.
11. COMMITTEE MEMBER COMMENTS\REPORTS (None)
[At 3:51 pm Chair Rubio recessed Open Session and commenced Closed Session.]
12. RECESS TO CLOSED SESSION
A. Conference with Real Property Negotiators Pursuant to Government code 54956.8 Property: Wastewater/Pipeline Agency Negotiator: Paul A. Sciuto, General Manager Negotiating Parties: Marina Coast Water District Under Negotiation: All Terms and Conditions
[At 4:18 pm Chair Rubio reconvened Open Session.]
13. POSSIBLE ACTION ON CLOSED SESSION ITEM Legal Counsel Wellington announced that the Committee received information regarding Item 12-A, no reportable action was taken.
14. ADJOURNMENT At 4:20 pm, with no further business, Chair Rubio adjourned the Recycled Water
Committee meeting to the next regularly scheduled Recycled Water Committee meeting on Thursday, March 17, 2016 at 3:00 pm.
Joint Powers Authority Member Entities: Boronda County Sanitation District, Castroville Community Services District, County of Monterey, Del Rey Oaks, Fort Ord, Marina Coast Water District, Monterey, Moss
Landing County Sanitation District, Pacific Grove, Salinas, Sand City, and Seaside.
RECYCLED WATER COMMITTEE
MARCH 17, 2016
INFORMATION ITEM
UPDATE ON CPUC WATER PROCEEDINGS, MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA), AND TECHNICAL
ADVISORY COMMITTEE (TAC) From: Paul A. Sciuto General Manager
Budgeted Amt: N/A Cost Estimate: N/A
Approval: GM N/A Legal N/A CFO N/A
──────────────────────────────────────────────────
As requested, attached are agendas and minutes for the following meetings:
TAC Meeting Agenda for March 7, 2016
Director’s Meeting Agenda for March 10, 2016 The following meetings were cancelled:
February 11, 2016 Directors Meeting
Further information will be provided at the meeting.
Attachments: 1. TAC Meeting Agenda for March 7, 2016 2. Director’s Meeting Agenda for March 10, 2016
Agenda Monterey Peninsula Regional Water Authority (MPRWA)
Technical Advisory Committee (TAC) Regular Meeting
10:30 AM, Monday, March 7, 2016
Council Chamber 580 Pacific Street
Monterey, California
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
REPORTS FROM TAC MEMBERS
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 TAC and which is not on the agenda. Any person or group desiring to bring an item to the attention of the Committee may do so by addressing the Committee during Public Comments or by addressing a letter of explanation to: MPRWA TAC, Attn: Monterey City Clerk, 580 Pacific St, Monterey, CA 93940. The appropriate staff person will contact the sender concerning the details.
CONSENT ITEMS CONSENT AGENDA consists of those items which are routine and for which a staff recommendation has been prepared. A member of the public or a Councilmember may request that an item be placed on the regular agenda for further discussion.
1. Receive Latest CPUC Schedule for Consideration of the Monterey Peninsula Water
Supply Project (MPWSP) - Cullem
AGENDA ITEMS
2. Review Report, Discuss, and Make Recommendations to the Water Authority Board on the
Supplemental Testimonty Submitted to the CPUC for the MPWSP - Cullem
3. Review and Discuss the Policy Position Statement Adopted by the Water Authority Board
on July 11, 2013, and Make Recommendations as to Whether any Changes, Updates, or Additional Studies are Appropriate at this Time - Cullem
ADJOURNMENT
Agenda Monterey Peninsula Regional Water Authority (MPRWA)
Director's Meeting
7:00 PM, Thursday, March 10, 2016 Council Chambers 580 Pacific Street
Monterey, California
ROLL CALL
PLEDGE OF ALLEGIANCE
REPORTS FROM BOARD DIRECTORS AND STAFF
***Adjourn to Closed Session (See additional agenda)***
Adjourn to Regular Meeting
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.
APPROVAL OF MINUTES
1. Approval of Minutes from December 10, 2015 - Romero
CONSENT ITEMS CONSENT AGENDA consists of those items which are routine and for which a staff recommendation has been prepared. A member of the public or a Councilmember may request that an item be placed on the regular agenda for further discussion.
2. Receive Letter from Sand City in Support of GWR - Cullem
3. Approve and File Authority Checks Through March 10, 2016, Receive a Mid-year Budget Report, and Receive an Estimate of Requested FY 2016-2017 Member Contributions - Romero/Cullem
4. Adoption of Resolution 16-01, Approving Donald G. Freeman as Legal Counsel through
June 30, 2017 and Authorizing the Authority President to Execute a contract extension with Perry Freeman at a Price not-to-exceed $36,000 - Cullem
Thursday, March 10, 2016
2
5. Adoption of Resolution 16-02, Approving Brownstein Hyatt Farber Schreck as Special Legal Counsel through June 30, 2017 and Authorizing the Authority President to Execute a Contract Extension at a Price not-to-Exceed $100,000 - Cullem
6. Authorize The Authority President To Extend The Contract With The City Of Monterey For
Executive Director Services for a Price of $5000 for the Period July 1, 2016 to June 30, 2017, and To Request The City Of Monterey To Extend Its Contract With James M. Cullem For That Position - Cullem
7. Adoption of Resolution 16-03 Approving an Extension of the Agreement with the City of
Monterey for Clerk of the Board, Clerical, and Financial Support Services, and Authorizing the Authority President to Execute a Contract with the City of Monterey for at a Price of $30,000 for the Period July 1, 2016 to June 30, 2017 - Cullem
8. Authorize the Utilization of $10,000 from Contingency Funds to Pay for Preparation of a
Technical Report as a Part of the Water Authority's Rebuttal Testimony on The Testimony of Curtis Hopkins, Hydrogeologist for the Marina Coast Water District - Cullem
AGENDA ITEMS
9. Receive and Discuss Recommendations from the Technical Advisory Committee (TAC)
and from Staff on CPUC Testimony Submitted on January 22, 2016 and Provide Direction - Cullem
10. Receive and Discuss Recommendations from the Technical Advisory Committee (TAC) on
the Water Authority Policy Position Statement and Provide Direction - Cullem
11. Discuss City of Monterey Request to Include a Response to the Cal Am Rate Increase Proposal into the Mission and Work Plan of the Water Authority and Provide Staff Direction - Cullem
12. Receive an Update on the Summary Project Schedule for the Monterey Peninsula Water
Supply Project (MPWSP) and the Status of Test Slant Well Operations - 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 Clerk’s 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, speech-to-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 Clerk’s 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 Regional Water Pollution Control Agency “Dedicated to meeting the wastewater and recycled water needs of our member agencies, while protecting the environment.”
Joint Powers Authority Member Entities: Boronda County Sanitation District, Castroville Community Services District, County of Monterey, Del Rey Oaks, Fort Ord, Marina Coast Water District, Monterey,
Moss Landing County Sanitation District, Pacific Grove, Salinas, Sand City, and Seaside.
RECYCLED WATER COMMITTEE
MARCH 17, 2016
INFORMATION ITEM
UPDATE ON GROUNDWATER REPLENISHMENT (GWR) PROJECT AND URBAN RECLAMATION PROJECTS
FROM: Bill Kocher, Pure Water Monterey Program Manager
Budgeted Amt: N/A Cost Estimate: N/A
Approval: GM Legal CFO
─────────────────────────────────────────────────────── A. SCHEDULE Completed/Upcoming Critical Events March: Finalize agreement with MCWD. Continue permits. Overall Project Management: Bill Kocher
Source water (Blanco Drain and Rec Ditch)
Staff from MRWPCA, MCWRA, and our consultants have prepared responses to the protest letters on the MCWRA water rights applications. Those responses will be submitted on the day after this meeting (March 18)
NMFS ESA Section 7 process, the USFWS Section 7 process, and the CDFW Lake and Streambed Alteration Agreement Process are in process.
Advanced Water Treatment Plant
The Process & Site layout workshop was held on March 3, 2016 at the RTP, hosted by Kennedy-Jenks.
Equipment pre-selections are to be finalized by Friday, March 11 allowing bids that specify acceptable equipment for this project. Issuance of those pre-selection packages are scheduled for March 11, with equipment bids anticipated by April 11.
Work is on schedule for submission of 30% design submittal at the end of April after which we must decide on the method of project delivery (design/build; design/bid/build, etc)
Recycled Water Committee Update on GWR & UR Projects March 17, 2016
Injection Facilities
Engineering proposals were received on Friday, March 11. Staff is looking for a quick turnaround so proposals were evaluated on Monday, March 14 and a staff recommendation is on this agenda of the Recycled Water Committee.
Because site access is currently the most critical path for this project, one of the first work products the selected consultant must produce is a Work Plan that is a precursor to applications to Seaside and FORA for access and right of entry.
Conveyance Pipeline (by others)
MCWD will meet with the SWRCB in Sacramento on March 23 to discuss timing of SRF funding, its current standing in obtaining 1.0% vs 1.8% funding, and to ensure the State continues to move both SRF applications forward appropriately.
At the 3/21 MCWD Board meeting, MCWD staff will be requesting the Board award a contract for re-design (design completion) of the Pure Water Monterey Components of the RUWAP project (pipeline, pump station).
MCWD staff has met with a firm and is in the process of securing necessary bridge or construction loans in response to the potential that SRF loans may not be funded this July as hoped.
Easement and User Agreement discussions are continuing with key parties.
Staff is hopeful the MCWD-PCA agreement is nearing completion with presentation to this committee as soon as possible
Information only - no action is requested.
Recycled Water Committee Update on GWR & UR Projects March 17, 2016
B. EXPENDITURES
Brine/Outfall (UR 504) Cal Am continues periodic pumping of water from the pilot slant well. Cal Am has requested a revised permit from the California Coastal Commission (CCC) to allow full resumption of pumping. The CCC will consider that permit amendment on October 6. Fiscal year 2015/2016 expenditures were 59% of budget on February 29, 2016.
Brine/Outfall UR-504
FY 2015/16 Approved
Budget
Costs to Date FY 2015/16
Costs during February 2016
Internal Labor 20,000 12,807 3,838
Consultants - 10,678 0
Legal 20,000 150 0
Total Budget or Expenditures (1)
40,000* 23,635 3,838
Funding and Reimbursements
Approved
Budget Amounts Billed
FY 15/16 Amounts Received/Contributed
Cal Am Reimbursement (2) 410,365 410,365 $96,365
Total Agency Contributions (3)
- - 19,797
(1)
Depreciation to be paid by Cal Am is removed from budget. (2)
Assumes that Cal-Am reimburses the Agency at least $410,365 in FY 15/16 to partially cover $600,158 in FY 14/15 expenditures. Cal Am billed for $135,884, reimbursed $96,365 in FY16. Future expected reimbursement from Cal Am for Short Term Lease: $54,140 in FY17 (more if lease is extended after 2 years). In addition, expect $313,715 (FY16, or 17) from Cal Am for Long Term (Brine) Lease.
(3) Reflects costs incurred by the Agency in FY 15/16.
Recycled Water Committee Update on GWR & UR Projects March 17, 2016
Groundwater Replenishment (UR 502)
Expenditures were 37% of budget on February 29, 2016 for Fiscal Year 2015/2016.
Funding and Reimbursements
Organization Funding 2006 – FY
14/15
FY 2015/16 Approved
Budget
FY 15/16 Amounts
Billed
FY 15/16 Amounts Received
Watermaster 100,000 - -
MPWMD 4,996,715 4,632,576 1,270,399 790,551
SRF Facilities Grant (1) 74,883 37,442 - -
BOR Title 16 Feasibility Water SMART Grant 149,791 - -
Total Agency Contributions (2) 5,775,516 1,529,191 (1)
In FY 14/15, the Agency received $37,442 of the SRF Facilities Grant
(2) The amount of Agency contributions reflect the amount provided to date to fund the project.
Information only - no action is requested.
ATTACHMENT: 1. Groundwater Replenishment Project Gantt Chart
Expenditures from 2006 - FY 14/15*
FY 2015/16 Approved
Budget
Costs to Date
FY2015/16
FY 2015/16 Costs during
February 2016
Technical Consultants 4,941,369 4,146,315 670,092 160,230
Capital Outlay-Equipment
178,163 179,641 0
Legal 1,136,223 350,000 301,300 50,930
Environmental 2,754,593 752,731 557,843 0
Internal Labor 1,982,757 354,000 506,062 80,002
MPWMD Consultants 281,963 445,000 81,782 3,824
TOTALS 11,096,905 6,226,209
2,296,720
294,986
ID Task Name Duration Start Finish Predecessors
1 Definitive Agreement Process 373 days Wed 7/1/15 Fri 12/2/16
2 MCWRA/MRWPCA Agreement 133 days Thu 10/8/15 Mon 4/11/16
3 Board Approvals 18 days Thu 10/8/15 Mon 11/2/15
4 Multi-Party Definitive Agreement 10 days Tue 3/29/16 Mon 4/11/16 3,12,16,1
5 MCWD Agreement 194 days Wed 7/1/15 Mon 3/28/16
6 Talking Points 50 days Wed 7/1/15 Tue 9/8/15
7 Draft Agreement 34 days Wed 9/9/15 Mon 10/26/15 6
8 Finalize Draft 103 days Tue 10/27/15 Thu 3/17/16 7
9 Board Approvals 7 days Fri 3/18/16 Mon 3/28/16 8
10 SWRCB Water Rights 373 days Wed 7/1/15 Fri 12/2/16
11 SWRCB Review 122 days Wed 7/1/15 Thu 12/17/15
12 Public Notice 43 days Fri 12/18/15 Tue 2/16/16 11
13 Protest Response 28 days Wed 2/17/16 Fri 3/25/16 12
14 Hearing 120 days Mon 3/28/16 Fri 9/9/16 13
15 Rights Issued 60 days Mon 9/12/16 Fri 12/2/16 14
16 Salinas Ag Wash Water Rights 34 days Fri 10/9/15 Wed 11/25/15
20 Financial Issues 26 days Fri 8/28/15 Fri 10/2/15
23 Interruptible Rate Approval 4 days Mon 10/5/15 Thu 10/8/15
24 Externality Study 89 days Mon 9/21/15 Thu 1/21/16 21
25 Alternate Delivery Method Analysis 121 days Wed 7/1/15 Wed 12/16/15
29 SRF Loan 194 days Wed 7/1/15 Mon 3/28/16
30 Revised Resolutions 72 days Wed 7/1/15 Thu 10/8/15
31 Application Revision 30 days Fri 10/9/15 Thu 11/19/15 30
32 SWRCB Review 52 days Fri 1/15/16 Mon 3/28/16 17,35,54,
33 GWR CEQA 48 days Thu 9/3/15 Mon 11/9/15
37 CPUC 245 days Mon 8/17/15 Fri 7/22/16
38 Allocation of Responsibilities for Testimony 72 days Mon 8/17/15 Tue 11/24/15
39 Prepare Testimony 42 days Wed 11/25/15 Thu 1/21/16 38
27 3 10 17 24 31 7 14 21 28 6 13 20 27 3 10 17 24 1 8 15 22 29 5 12 19 26 3 10 17 24 31 7 14 21 28 4 11 18 25 2 9 16 23 30Jan '16 Feb '16 Mar '16 Apr '16 May '16 Jun '16 Jul '16 Aug '16 Sep '16 Oct '16 N2016
Ongoing Completed Completed Completed Critical Path
GWR Schedule 3-2016 Page 1 Printed: Mon 3/14/16
Project: GWR Schedule 011116Date: Mon 3/14/16
ID Task Name Duration Start Finish Predecessors
40 Testimony 1 day Fri 1/22/16 Fri 1/22/16
41 Rebuttal 42 days Mon 1/25/16 Tue 3/22/16 40
42 Evidentiary Hearings & Workshops 18 days Wed 3/23/16 Fri 4/15/16 41
43 Opening and Reply Briefs 30 days Mon 4/18/16 Fri 5/27/16 42
44 Proposed Decision 20 days Mon 5/30/16 Fri 6/24/16 43
45 CPUC Phase 2 Decision: Approve WPA/GWR 20 days Mon 6/27/16 Fri 7/22/16 35,60,44,
46 Permits 349 days Wed 7/1/15 Mon 10/31/16
47 Federal CEQA+ 260 days Fri 10/9/15 Thu 10/6/16
48 State 260 days Fri 10/9/15 Thu 10/6/16
49 Local 270 days Wed 7/1/15 Tue 7/12/16
50 RWQCB and DDW SWRCB 253 days Wed 7/1/15 Fri 6/17/16
51 Engineering Report 153 days Wed 7/1/15 Fri 1/29/16
52 Division of Drinking Water approval 40 days Mon 2/1/16 Fri 3/25/16 51
53 RWQCB 60 days Mon 3/28/16 Fri 6/17/16 52
54 Financing Plan 100 days Fri 8/28/15 Thu 1/14/16
55 Revenue Requirement Analysis 100 days Fri 8/28/15 Thu 1/14/16
56 Watermaster Storage Agreement 150 days Fri 9/25/15 Thu 4/21/16 58
57 Water Purchase Agreement 119 days Tue 8/11/15 Fri 1/22/16
61 MPWSP CEQA/NEPA 349 days Wed 7/1/15 Mon 10/31/16
64 Design, Construction & Start-up GWR 578 days Tue 12/15/15 Thu 3/1/18 45
65 30% Design AWTF 120 days Tue 12/15/15 Mon 5/30/16
66 Equipment Selection AWTF (Ozone, Membrane, Advance Oxida 27 days Fri 3/18/16 Mon 4/25/16
67 30% Design Source Waters 120 days Thu 2/25/16 Wed 8/10/16
68 30% Design Injection Facilities 120 days Mon 3/28/16 Fri 9/9/16
69 100% Design Pipeline Facilities (MCWD) 71 days Mon 3/28/16 Mon 7/4/16
70 RFP for Design/Build AWTF 90 days Tue 5/31/16 Mon 10/3/16 65
71 Construction 266 days Tue 10/4/16 Tue 10/10/17 70
72 Start-up 20 days Wed 10/11/17 Tue 11/7/17 71
73 Final Completion 82 days Wed 11/8/17 Thu 3/1/18 72
27 3 10 17 24 31 7 14 21 28 6 13 20 27 3 10 17 24 1 8 15 22 29 5 12 19 26 3 10 17 24 31 7 14 21 28 4 11 18 25 2 9 16 23 30Jan '16 Feb '16 Mar '16 Apr '16 May '16 Jun '16 Jul '16 Aug '16 Sep '16 Oct '16 N2016
Ongoing Completed Completed Completed Critical Path
GWR Schedule 3-2016 Page 2 Printed: Mon 3/14/16
Project: GWR Schedule 011116Date: Mon 3/14/16
Monterey Regional Water Pollution Control Agency “Dedicated to meeting the wastewater and recycled water needs of our member agencies, while protecting the environment.”
Joint Powers Authority Member Entities: Boronda County Sanitation District, Castroville Community Services District, County of Monterey, Del Rey Oaks, Fort Ord, Marina Coast Water District, Monterey,
Moss Landing County Sanitation District, Pacific Grove, Salinas, Sand City, and Seaside.
RECYCLED WATER COMMITTEE
MARCH 17, 2016
ACTION ITEM
CONSIDER APPROVING AN INCREASE TO THE CONTRACT WITH PERKINS COIE FOR SUPPORT WITH PURE WATER MONTEREY IN THE CPUC PROCEEDINGS
From: Bob Holden Principal Engineer
Approval: GM Legal CFO
──────────────────────────────────────────────────────
BACKGROUND: The Board approved a $160,000 contract on August 31, 2015 and a $100,000 increase on December 14, 2015 with Perkins Coie for legal services for the CEQA process and for support with the CPUC process. Though the FEIR was certified there is continuing legal support for the CEQA+ permit process. In addition, staff has required help with the water rights application and protest responses. The demand for CPUC support has increased with testimony in January, rebuttal in March, and hearings in April. Staff wishes to continue receiving this legal support. Staff recommends a $150,000 increase in the existing contract. Source of Funds: Department 58 account 01-58-058-6261 (Legal) that has a budget of $350,000 and $-18,731 unencumbered. In order to fund this work it is necessary to transfer $50,000 from account 01-58-058-6233 (Design), $20,610 from 01-58-058-6235 (Engineering Studies), $73,890 from 01-58-058-6236 (Planning Services), and $5,500 from 01-58-058-6238 (Technical Support). No additional funds are required from outside of Department 58. RECOMMENDATION: That the Committee recommends the Board approve an increase to the contract with Perkins Coie by the amount of $150,000 for continued support for CEQA+ and CPUC issues and to transfer $50,000 from Design, $20,610 from Engineering Studies, $73,890 from Planning Services, and $5,500 from Technical Support into the Legal account within Department 58.
Monterey Regional Water Pollution Control Agency “Dedicated to meeting the wastewater and recycled water needs of our member agencies, while protecting the environment.”
Joint Powers Authority Member Entities: Boronda County Sanitation District, Castroville Community Services District, County of Monterey, Del Rey Oaks, Fort Ord, Marina Coast Water District, Monterey,
Moss Landing County Sanitation District, Pacific Grove, Salinas, Sand City, and Seaside.
RECYCLED WATER COMMITTEE
MARCH 17, 2016
ACTION ITEM
CONSIDER APPROVING AN INCREASE TO THE CONTRACT WITH DENISE DUFFY & ASSOCIATES FOR RESPONDING TO MCWRA’S WATER RIGHTS
PROTEST LETTERS
From: Bob Holden Principal Engineer
Approval: GM Legal CFO
──────────────────────────────────────────────────────
BACKGROUND: The Board approved a $490,563 contract on June 29, 2015 and a $435,971 contract (after canceling $150,613 from the previous contract) on December 14, 2015 with Denise Duffy & Associates, Inc. (DDA) and to obtain CEQA+ permits. A small part of that work was to support MCWRA’s water rights application. The SWRCB publicly noticed that application in December and received six protest letters (three from National Marine Fisheries Service and three from California Department of Fish and Wildlife) in February. The letters are nearly entirely related to the work DDA and their subconsultants performed for the EIR preparation. Staff wishes DDA to do the majority of the work in preparing responses to the six letters. The scope of work is attached. The water rights are an important part of the Pure Water Monterey Project and of the November 3, 2015 Restated Agreement between MRWPCA and MCWRA. Source of Funds: Department 58 account 01-58-058-6231 (Outside Permitting) that has a budget of $715,036 and $-37,981 unencumbered (budget exceeded). In order to fund this work it is necessary to transfer $51,027 from 01-58-058-6262 (EIR) and $30,336 from 01-58-058-6238 (Technical Support). No additional funds are required from outside of Department 58. RECOMMENDATION: That the Committee recommends the Board approve an increase to the contract with Denise Duffy & Associates, Inc. by the amount of $43,382 for responding to the water rights protest letters and transfer $51,027 from the EIR account and $30,336 from the Technical Support account into the Outside Permitting account within Department 58. Attachment 1: Denise Duffy & Associates Inc. Scope of Work and Proposed Fee
Denise Duffy & Associates, Inc.
PLANNING AND ENVIRONMENTAL CONSULTING
March 11, 2016
Mr. Bob Holden, P.E. Monterey Regional Water Pollution Control Agency 5 Harris Court, Building D Monterey, CA 93940
SUBJECT: Proposal for Additional Tasks and Effort to Prepare Draft Water Rights Protest Responses for the Pure Water Monterey Groundwater Replenishment Project
Dear Bob:
Denise Duffy & Associates, Inc. (DD&A) is pleased to provide this proposal for additional tasks and effort to prepare draft water rights protest response letters related to Monterey Regional Water Pollution Control Agency (MRWPCA)’s Pure Water Monterey Groundwater Replenishment Project (GWR Project). This scope of work and budget are based on review of the six protest letters from National Marine Fisheries Service (NMFS) and California Department of Fish and Wildlife (CDFW) (dated February 16, 2016) and two letters from the State Water Resources Control Board (dated February 19, 2016), and meetings and conversations with staff at MRWPCA, Monterey County Water Resources Agency (MCWRA), and the Monterey Peninsula Water Management District (MPWMD). The three letters from each agency were protests to water rights applications A032263A (Blanco Drain Diversion), A032263B (Reclamation Ditch Diversion), and A032263C (Tembladero Slough Diversion). Due to the limited time available to respond to the comments, DD&A requested preliminary authorization to expand their services beyond the originally anticipated Task 22, Phase 5B scope and budget on February 24, 2016. Based on the direction received during the meeting on February 24, 2016, DD&A provided a cost estimate of the additional services in an email to Bill Kocher and Bob Holden on February 26, 2016. Staff indicated that they concurred that DD&A should complete the requested services in compliance with Phase 5B scope, but that the additional effort was out of scope.
PROJECT UNDERSTANDING
The overview task related to assisting MRWPCA with coordination of the water rights process is identified in Task 22 of the DD&A Phase 5B scope and contract. As we discussed, the level of effort to complete this task (based upon the direction and required response to the protests), were not anticipated in the original cost estimate under this task. As requested, this scope and budget is an estimate of this additional, unanticipated effort.
Our Phase 5B scope and budget estimate were prepared in November 2015 and approved in December 2015. The level of effort on the “assistance with the SWRCB appropriative water rights processes for the various source waters” was limited to assisting MCWRA, MRWPCA, and MPWMD with miscellaneous coordination and meetings. At that time, no scope or budget was included for any responses to protests. Since protests on MCWRA's water rights applications were filed on February 16, 2016, DD&A could not
Mr. Bob Holden/M. McCullough March 9, 2016March 11, 2016 Page 2
have known in November 2015 that this level of effort would be required for preparation and management of the extensive written formal responses to each item in the protests that are now required. We have now reviewed the six protests letters, commenced preparation of the letters, and have met to discuss the technical requirements for the preparation of the responses. We have coordinated with key agency staff and the project hydrologist, Schaaf & Wheeler, that are assisting with the preparation of the responses, and with our key subconsultant team member, HDR Inc. that has expertise in fisheries issues, one of the key issues of the protests.
SCOPE OF WORK
TASK 1: Review Material, Summarize Comments and Assignments
DD&A will work with MRWPCA, MCWRA, and MPWMD staff and engineering consultants to review the letters submitted, determine assignments and technical studies and expertise needed to respond, and to make assignments to the technical team, agency/district staff, and various attorneys. DD&A will prepare action item lists, focus the technical consultants on key information and analyses needed, and coordinate with the team toward successful completion of the protest responses.
Deliverable(s): Assignment matrix, letter templates, and draft and revisions to action item lists.
TASK 2: Prepare Draft and Final Draft Responses to the NMFS and CDFW Protests
DD&A, in close coordination with HDR Inc. (DD&A’s fisheries subconsultant) and Schaaf & Wheeler (MRWPCA’s hydrology/engineering consultant) will prepare a draft, plus two revisions to the draft, response letters, for each of the six protest letters (including three to National Marine Fisheries Service and three to CDFW) corresponding to the three surface water rights applications A032263A-C. The first draft will be submitted to the staff at MRWPCA, MPWMD, and MCWRA. The second draft will be provided to the staff for their submittal to the relevant attorneys (Rob Wellington and/or Perkins Coie for MRWPCA, Dave Laredo for MPWMD, and Downey Brand and County Counsel for MCWRA). Comments received from attorneys shall be provided to MCWRA staff with a copy to DD&A for DD&A staff and subconsultants to confirm accuracy of any changes to factual information in the letters. DD&A assumes MCWRA will complete and mail the final protest response/answer letters.
Deliverable(s): Draft and two revisions to the draft letters responding to each of the six protest letters. This scope of work assumes that completion of the final letter and distribution to the appropriate agency and team staff will be the responsibility of the staff and attorneys of the MCWRA with prior approval of the MRWPCA.
TASK 3: Attend Meetings regarding Protest Responses
DD&A will attend up to two meetings and three 1-hour conference calls with agency and district staff and attorneys for completion of the protest response letters and, if requested, to meet with the protestants. DD&A will closely coordinate with MRWPCA, MCWRA staff, and legal team staff prior to meetings with protestants and State Board staff and, if necessary, to prepare presentations and discussion points that respond to specific questions and issues likely to be encountered during the meetings.
Deliverable(s): Meeting/conference call agendas and key discussion notes related to the protest responses.
Mr. Bob Holden/M. McCullough March 9, 2016March 11, 2016 Page 3
SCHEDULE
Preparation of the assignment matrix, templates/outlines for the letters were completed in February. Attendance at the first meeting occurred on February 24, 2016. The first draft letters for responding to NMFS were completed on March 8, 2016. First draft letters for responding to CDFW will be completed on March 10th. Completion of the second draft protest response letters is estimated to be completed by March 14th. The timing of the draft and final documents are dependent upon MRWPCA/MCWRA/MPWMD staff and attorney review times.
BUDGET
The budget for preparation of the Addendum, based on the tasks described in this scope would not exceed $43,382 as itemized in Attachment 1 to this letter.
We appreciate your consideration of our firm for this work. Feel free to contact me if you have any questions or require additional information.
Sincerely,
Alison M. Imamura, AICP
DENISE DUFFY & ASSOCIATES, INC.
Attachment
Prin
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l
Seni
or P
roje
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Man
ager
/Eng
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ring
Spec
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t
Assi
stan
t Pla
nner
Adm
inis
trat
ive
DD&
A Co
sts b
y Ta
sk
Hourly Rate $215.00 $180.00 $92.00 $60.00Review Material, Summarize Comments and Assignments
4 8 4 2 $2,788
Prepare Draft and Final Draft Responses to NMFS and CDFW Protest Letters (Note 1)
25 40 8 8 $13,791
Attend Meetings regarding the Protest Responses (Note 2)
12 12 - - $4,740
Total Hours by Staff 41 60 12 10
Subtotal for DD&A Labor $8,815 $10,800 $1,104 $600 $21,319
Estimated Expenses:SUBCONSULTANT: HDR (estimate) $19,000Mileage, copying, mailing, GIS and phone $185Administrative Fee $2,878
TOTAL ESTIMATED COST $43,382
NOTES: 1
2 Assumes up to two meetings and three 1-hour conference calls; one meeting occurred on February 24, 2016.
Task includes draft, plus two revisions to the draft, response letters, for each of the six protest letters, including three to National Marine Fisheries Service and three to CDFW, corresponding to the three surface water rights applications A032263A C
Task 3
Rev. Attachment 1. Pure Water Monterey Groundwater Replenishment Project
Staff
DD&A Estimated Hours and Budget to Respond to MCWRA Water Rights Protest Letters
Task 1
Task 2
Monterey Regional Water Pollution Control Agency “Dedicated to meeting the wastewater and recycled water needs of our member agencies, while protecting the environment.”
Joint Powers Authority Member Entities: Boronda County Sanitation District, Castroville Community Services District, County of Monterey, Del Rey Oaks, Fort Ord, Marina Coast Water District, Monterey,
Moss Landing County Sanitation District, Pacific Grove, Salinas, Sand City, and Seaside.
RECYCLED WATER COMMITTEE
MARCH 17, 2016
ACTION ITEM
CONSIDER APPROVING AN INCREASE TO THE CONTRACT WITH TODD GROUNDWATER FOR CONTINUED SUPPORT FOR THE PURE WATER
MONTEREY PROJECT ENGINEERING REPORT AND ASSISTANCE WITH THE PERMIT APPLICATION
From: Bob Holden Principal Engineer
Approval: GM Legal CFO
──────────────────────────────────────────────────────
BACKGROUND: The Board approved an $89,935 contract with Todd Groundwater (Todd) on June 29, 2015 to work with Nellor Environmental Associates, Inc. (NEA) and Trussell Technologies Inc. (Trussell) to develop the Engineering Report which is the main document required for the Department of Drinking Water (DDW) of the SWRCB to recommend project approval by the RWQCB. The draft Engineering Report was submitted to DDW with copies to RWQCB on January 29, 2016. The remaining approval process begins with DDW’s review of the draft. We will respond to all comments then prepare for a “Title 22” hearing. Following the hearing there will be a period for public comments. We will respond to those comments and help with the other documents that the RWQCB will need before the RWQCB would have their public hearing. This work is very technical. Some of the initial comments suggest that a substantial set of questions from staff or the public will be related to the portion of the Engineering Report written by Todd. Staff wishes to retain Todd to complete the process they began all the way through obtaining the RWQCB permits. An additional piece of work is obtaining permits for injecting water into the Seaside Groundwater Basin. Staff wishes to have Todd help Denise Duffy Associates, Schaaf and Wheeler, and staff in obtaining those permits. The scope of work is attached. This is an important part of the Pure Water Monterey permitting process. Source of Funds: Department 58 account 01-58-058-6235 that has a budget of $367,500 and $45,995 unencumbered. No additional funds or a funds transfer are required.
Recycled Water Committee March 17, 2016 Page 2
RECOMMENDATION: That the Committee recommends the Board approve increasing the contract with Todd Groundwater by $25,385 for continued support in completing the Engineering Report and for help with permits for injection into the Seaside Groundwater Basin. ATTACHMENT: 1. Todd Groundwater Scope of Work and Proposed Fee
2490 Mariner Square Loop, Suite 215 | Alameda, CA 94501 | 510 747 6920 | toddgroundwater.com
March 2, 2016
MEMORAND UM
To: Bob Holden, PE Monterey Regional Water Pollution Control Agency (MRWPCA)
From: Phyllis Stanin, Vice President/Principal Geologist
Re: Proposal – Additional Scope Items for Todd Groundwater Permit and Engineering Report Support Groundwater Replenishment (GWR) Project, Seaside Groundwater Basin
Todd Groundwater is currently assisting MRWPCA with various hydrogeologic aspects of the captioned project including recent submittal of the draft Engineering Report to the Division of Drinking Water (DDW) in compliance with groundwater replenishment regulations. During report preparation, several out-of-scope items regarding permits required assistance. In addition, hard copy production of the draft Engineering Report resulted in additional unanticipated costs. Finally, early comments from DDW regarding potential geochemical changes in the aquifer need to be addressed. Collectively, these items have resulted in expenditures that were not included in the currently-approved budget for the Engineering Report. We are requesting additional budget to cover these out-of-scope items as summarized in Table 1 and discussed in more detail below.
ITEM 1: FIELD VISIT
MRWPCA has initiated project permitting with other firms including access agreements to FORA property. Through this process, Todd Groundwater received permission from FORA to access the GWR Injection Facilities area for an initial site walk in January 2016. This restricted area had previously been inaccessible, hindering the planning process for design and construction. This was the first opportunity for evaluating field conditions for rig access, grading requirements, and potential on-site impediments during the first phase of well drilling, which is tentatively scheduled for late 2016.
Prior to the field visit, Todd Groundwater developed tables of proposed wells with georeferenced coordinates in order to accurately identify well locations in the field. Using site maps, coordinate data, and GPS technology, Todd Groundwater, along with representatives from Schaaf & Wheeler and MRWPCA, were able to identify and evaluate each well location in the field. We were also able to identify alternative access roads, equipment staging areas, and mobility for large rotary rigs. Although not budgeted, the site visit was highly valuable and will add certainty to the field planning process. Work
FY 2015-2016 Scope Items GWR Project / MRWPCA 2 TODD GROUNDWATER
associated with this item were completed in January 2016 and included project communications, map preparation, travel, and site walk by Todd Groundwater’s Project Manager and the Lead Hydrogeologist.
Costs associated with this item were $4,385 as shown in Table 1.
ITEM 2: ADDITIONAL PERMIT APPLICATION SUPPORT
Todd Groundwater has been working with other GWR team members to support permit applications for the initial well drilling program. Team members working on permit acquisition have prepared various exhibits and documents containing technical information from Todd Groundwater’s work and have communicated with us on various matters relating to permits. We are grateful that MRWPCA has committed to early permit planning and recognizes the need for our support. For example, the previous Right-of-Entry (ROE) permit from FORA was based on a detailed technical workplan prepared by Todd Groundwater. However, this recent permit support work was not included in our budget. We recognize that technical support for future permitting has been included in a Request for Proposal (RFP) to be approved in late March. Our current work supports, rather than duplicates, that process and includes minor ongoing support through March 2016.
Our costs for short-term permit support are estimated at $5,141 as shown on Table 1.
ITEM 3: REPORT PREPARATION AND PRODUCTION COSTS
Item 3 involves the production of six complete, bound, paper copies of the Draft Engineering Report (Volume 1) and Appendices (Volume 2). Hard copies were requested by the regulators to facilitate their review. Costs associated with this work included the in-house printing of Volume 1 (315 pages) with full color figures (including tabloid-size prints) and outside services for printing of Volume 2 (approximately 2,000 pages). In-house costs also included the compilation of appendix reports, creation a master .pdf, assembly, QC, and transmittal to MRWPCA for submittal to DDW. The large size of Volume 2 included a Todd Groundwater Field Characterization and Geochemical Modeling report that had previously not been published. All work associated with this item has been completed. We do not anticipate the need for paper production of the final Engineering Report at this time.
Costs for this item total $8,169 as shown on Table 1. None of these costs were included in our current RFS (GWR 2015-01) for the Engineering Report task.
ITEM 4: RESPONSE TO DDW INITIAL COMMENT ON ENGINEERING REPORT
At an initial meeting with DDW on the Draft Engineering Report, DDW expressed water quality concerns regarding the subsurface mixing of GWR project water with ASR injected water. Our geochemist has compiled water quality data and we are evaluating mixing in the aquifer system in order to address this concern. In anticipation of additional comments from
FY 2015-2016 Scope Items GWR Project / MRWPCA 3 TODD GROUNDWATER
DDW to address, we are also including a small increase in our current level of effort to address these and other comments.
Costs for this item are estimated at $7,691 as shown in Table 1.
TOTAL ESTIMATED COST
Total costs associated with these additional items are $25,385 (Table 1). As explained above, most of these costs have already been expended. All of these tasks will contribute to the successful permitting and implementation of the GWR project.
As always, we appreciate being able to contribute to such an important project for the Monterey Peninsula and California groundwater.
Table 1: FY 2015-2016 Additional Scope Items Todd GroundwaterJob Name: MRWPCA GWR Scope Items July 2015 through June 2016
Job Description: Engineering ReportClient: Monterey Regional Water Pollution Control Agency (MRWPCA)
Date: 3/2/2016Job Number: PROPOSAL
QA/QC Principal Senior Hydrogeol Senior Senior Staff 2% GIS/ Admin Other 15%Review PM Geochemist PM Modeler Engineer Hydrogeo Labor Total Comm Graphics Costs Direct Expense Total
2015 Hourly Rates $210 $210 $205 $190 $210 $190 $135 Hours Labor Fee $105 $95 Costs Fee Costs
Additional Engineering Support and Permitting
Field Visit 10 10 20 4,000$ 80$ -$ -$ 265$ 40$ 4,385$
Additional Permtting Support 24 24 5,040$ 101$ -$ -$ -$ -$ 5,141$
Additional Report Preparation and Production Costs 2 15.25 17.25 3,318$ 66$ 1,680$ -$ 2,700$ 405$ 8,169$
Response to DDW Comments 32 4 36 7,540$ 151$ -$ -$ -$ -$ 7,691$
Total Estimated Cost 0 68 4 25.25 0 0 0 97.25 19,898$ 397.95$ 1,680$ -$ 2,965$ 445$ 25,385$
Monterey Regional Water Pollution Control Agency “Dedicated to meeting the wastewater and recycled water needs of our member agencies, while protecting the environment.”
Joint Powers Authority Member Entities: Boronda County Sanitation District, Castroville Community Services District, County of Monterey, Del Rey Oaks, Fort Ord, Marina Coast Water District, Monterey,
Moss Landing County Sanitation District, Pacific Grove, Salinas, Sand City, and Seaside.
RECYCLED WATER COMMITTEE
MARCH 17, 2016
ACTION ITEM
CONSIDER APPROVING AN AGREEMENT WITH MRWMD FOR PURCHASE OF ELECTRICAL ENERGY FROM MRWMD’S BIOGAS POWER GENERATION
FACILITY
From: Stephen Hogg, Assistant General Manager
Approval: GM Legal CFO
──────────────────────────────────────────────────────
BACKGROUND: The Monterey Regional Waste Management District (MRWMD) utilizes biogas produced by the decomposition of waste material in the landfill to produce electrical energy. MRWMD’s biogas power generation facility contains four internal combustion engine-generators. MRWMD is currently in the process of replacing/repairing two of the four units. When this work is complete, MRWMD will have the capability to produce approximately 5,000 kilowatt-hours (kWh) of electrical energy. The estimated future electrical demand for MRWMD is approximately 3,000 kWh. Therefore, MRWMD will have approximately 2,000 kWh of surplus electrical energy available for export and sale. The Monterey Regional Water Pollution Control Agency (MRWPCA) is currently in the process of designing the Advanced Water Treatment Facility (AWTF) to be located at the Regional Treatment Plant (RTP), which is adjacent to the landfill and power generation facility operated by MRWMD. The projected electrical demand of the AWTF is approximately 2,000 kWh, which is similar to the amount of excess power that could be generated by MRWMD. Staff from MRWPCA and MRWMD has determined that it is to the benefit of both agencies for MRWMD to make the surplus energy generated by their power generation facility available for sale to and use by MRWPCA to meet the increased electrical demand produced by the AWTF. Staff from both agencies have met and drafted the attached electric power purchase agreement (Attachment 1) between MRWPCA and MRWMD.
Recycled Water Committee March 17, 2016 Page 2
The highlights of the agreement are as follows:
MRWMD will produce for export and sale to MRWPCA a minimum of 1,800 kWh of electrical power with an availability rate of 90%.
MRWPCA will take or pay for a minimum of 1,800 kWh of electricity to power the AWTF.
MRWPCA will pay MRWMD a rate equal to Pacific Gas and Electric’s Industrial Rate Schedule, E-20 Primary Firm, Winter Off-peak Energy Charge, to be adjusted each July 1. (This equates to $0.08053 per kWh at the current rate).
The term of the agreement shall be for an initial term of 20 years to be extended for an agreed upon period or periods on the same terms.
MRWMD will be responsible for the cost of the installation, operation, maintenance, and repair of all equipment and facilities up to, and including, the electrical usage meter used for billing MRWPCA.
MRWPCA will be responsible for the cost of installation, operation, maintenance, and repair of all equipment after the electrical usage meter.
MRWMD will provide MRWPCA an easement from the electrical usage meter to the fence line of the two agencies for the installation and maintenance of the conductors necessary to transport the power between the two agencies.
The agreement will be terminated should the AWTF not be constructed. ALTERNATIVES: The alternative would be for the Board to not approve the agreement and instead to purchase all electricity needed for the operation of the AWTF at the rate established by PG&E (most likely a higher rate). The attached agreement is a draft version. Staff from MRWPCA and MRWMD are continuing to work together to reach consensus on all the terms of an agreement Staff is hoping to provide the Board with a near final version of the agreement in the March 28 Board packet. RECOMMENDATION That the Recycled Water Committee recommend that the Board approve the Electric Power Purchase Agreement between MRWPCA and MRWMD and authorize the General Manager to complete negotiations with MRWMD and sign the agreement to include any non-substantial changes. ATTACHMENTS: 1. Draft Electric Power Purchase Agreement
[MRWMD/OP&CONST/agmtPCAbiogaspowerpurchase030116]
ELECTRIC POWER PURCHASE AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ________, 2016,
by and between the MONTEREY REGIONAL WASTE MANAGEMENT DISTRICT
(hereinafter sometimes referred to as “WMD”), a special district organized under the
laws of the State of California, and the MONTEREY REGIONAL WATER
POLLUTION CONTROL AGENCY (hereinafter sometimes referred to as (“PCA”), a
joint powers authority organized under the laws of the State of California (WMD and
PCA are also sometimes referred to hereinafter as “Party” and collectively as “Parties”),
as follows:
RECITALS
A. WMD, a waste management and disposal district, presently is repairing and
replacing certain components of its biogas-fueled electric power generation
facility (“Biogas Facility”), and when repair and replacement are complete the
Biogas Facility will be capable of generating five megawatts, an increase of
two megawatts over its current three megawatt capability; and
B. PCA, a wastewater treatment agency sharing a property boundary with WMD,
is currently planning, and intends to construct, a facility to produce advanced
treatment water (“AWT Facility”) for injection into the Seaside Aquifer for
purchase by California American Water Company, and ultimately for
distribution and sale to that Company’s customers on the Monterey Peninsula;
and
C. Once the Biogas Facility repair and replacement work and the AWT Facility
construction are complete, PCA desires to purchase and WMD is willing to
sell, an amount of electric power generated by the Biogas Facility in
approximately the full amount of the two megawatt increase described in
Recital A, to power the AWT Facility.
TERMS AND CONDITIONS
In consideration of the mutual promises set out herein below, WMD and PCA hereby
agree as follows:
1. Locations of Biogas Facility, AWT Facility, Conducting Facilities. The Biogas
Facility, proposed AWT Facility, conducting facilities, electrical usage meter,
and attendant features are located as depicted and described in Attachment A,
consisting of ___ numbered pages, attached hereto and incorporated herein by
this reference.
2. Generation, Sale, and Purchase of Power. Upon completion of both the Biogas
repair and replacement work and construction of the ATW Facility, and not
before, WMD shall make available for sale to PCA, and PCA shall purchase,
electric power generated by the Biogas Facility in amounts and for conduction
and delivery to the ATW Facility as set out below. All such power shall be
delivered by means of the conducting facilities depicted and described in
Attachment A.
3. Required Availability and Amount.
a. WMD shall generate for sale to PCA, and PCA shall take or pay for, a
minimum of 1,800 kilowatt hours (“KWH”) once production and
delivery of electric power commences pursuant to Section 2,
immediately above. By written agreement, the Parties may increase or
reduce the minimum KWH required by this Section 3. WMD shall make
the electrical power available 90% of the time. Electrical production,
demand and availability pursuit to this paragraph shall be determined
semiannually for the periods of July 1 to December 31 and January 1 to
June 30 assuming a 24 hour day.
b. Power shall be supplied by MWD at 21kv, 3 phase, 3 wire with 5%
voltage tolerance; 60HZ with 0.05% tolerance; less than 5% harmonic
distortion.
4. Rate of Payment. PCA shall pay WMD for power delivered pursuant to this
Agreement at a rate equal to Pacific Gas & Electric’s (“PGE”) Industrial Rate
Schedule, E-20 Primary Firm, Winter Off Peak Energy Charge. The rate shall
be adjusted annually on July 1 of every year to the rate in effect on that date. If
the E-20 rate tariff is eliminated or no longer includes a Winter Part Peak
Energy Charge, the Parties shall agree on a different basis for rate payment. In
the event the Parties cannot agree on a different basis for payment, this
Agreement shall automatically terminate on the first following June 30.
5. Capital Costs; Construction; Operation and Maintenance.
a. MWD shall own, construct at its own cost, operate, and perform and pay
for all operation, preventive maintenance, repair, and replacement parts
on, the Biogas Facility and the conducting facilities extending from the
Biogas Facility to and including the electrical usage meter, all as
described and depicted on Attachment A. WMD shall keep all such
facilities in this segment in good and efficient working order.
b. PCA shall own, construct at its own cost, operate, and perform and pay
for all operation, preventive maintenance, repair, and replacement parts
on, the conducting facilities extending from the AWT Facility to, but
not including, the electrical usage meter, as described and depicted on
Attachment A. PCA shall keep such facilities in this segment in good
and efficient working order.
c. Nothing herein shall be construed to prevent the Parties, for cost-saving
or other purposes, to enter into joint agreements to engage a single
contractor, maintenance or repair service, parts supplier, or similar
service provider, to perform work on both WMD’s and PCA’s
segments.
d. Nothing herein shall be construed to prevent the Parties from entering
into an agreement that one Party shall perform such services on the
other Party’s segment.
6. Easement. No later than 90 days following the effective date of this
Agreement, WMD shall approve and execute a perpetual grant of easement to
PCA to include a right-of-way for the installation, construction, operation,
maintenance, repair and replacement, of all structures and fixtures necessary
and incidental to the portion of the segment described in subsection b. of
Section 5, above, located on WMD property, between the electrical usage
meter and the property line shared by WMD and PCA contiguous properties,
as described and depicted on Attachment A.
7. Failure to Construct AWT; Termination. The Parties acknowledge that as of
the effective date of this Agreement there is a possibility that the AWT facility
will not be a part of the approvals for the project for which the AWT is
proposed. In that event, and if the AWT is not to be constructed or if it is
determined connect of electrical power from WMD Biogas Facility to AWT is
not feasible, PCA shall provide immediate notice to WMD of that occurrence.
This Agreement shall terminate on the date of receipt of such notice by WMD.
Unless otherwise mutually agreed to in writing, in the event of termination as
set out in this Section 7, neither Party shall be liable or responsible to the other
Party for any expenses or costs in any manner, directly or indirectly, related to
or in furtherance of this Agreement.
Term; Termination; Extensions.
a. Before the construction of the AWT is complete, shall agree in writing
on the specifics of the physical electrical interconnection between the
WMD Biogas Facility and AWT. Should the parties not reach agree on
the specifics of the electrical interconnection prior to completion of
AWT, this Agreement shall terminate. Unless otherwise mutually
agreed to in writing, in the event of termination as set out in this Section
8a, neither Party shall be liable or responsible to the other Party for any
expenses or costs in any manner, directly or indirectly, related to or in
furtherance of this Agreement.
b. The initial term of this Agreement is 20 years, from the first delivery of
power to and including same date 20 years following.
c. Either Party may terminate this Agreement, in writing, upon five years
prior notice, provided no such notice may be given until on or after the
first day of the sixth year of the initial term.
d. The Parties may agree in writing at any time prior to termination to
extend this Agreement for an agreed upon period or periods, on the
same terms and conditions, or with modifications.
8. Hold Harmless and Indemnity.
a. WMD shall defend, indemnify and hold harmless PCA from any and all
damages, liabilities, losses, claims and costs or expense (collectively
hereafter in this Section 9, “Claims”) arising out of, relating to, resulting
from or in conjunction with any activity or operation described in this
Agreement, including without limitation planning, design, construction,
use, maintenance, repair, replacement, and any other activities
incidental or associated therewith, by WMD or any of its contractors,
subcontractors, employees or agents, to the extent that such are
determined to be caused by the negligence or willful misconduct of
WMD, any of its contractors, subcontractors, employees or agents.
b. PCA shall defend, indemnify and hold harmless WMD from any and all
Claims arising out of, relating to, resulting from or in conjunction with
PCA’s activities or operations under this Agreement or in the easement
described in Section 6, to be performed by PCA, or any of its
employees, contractors, subcontractors, or agents, to the extent that such
are determined to be caused by the negligence or willful misconduct of
PCA, its employees, contractors, subcontractors, or agents.
c. In the event of concurrent negligence of PCA and WMD, then the
liability for any and all Claims which arise out of the terms and
conditions of this Agreement shall be apportioned under the California
principle of comparative negligence as presently established, or as may
hereafter be modified.
9. Insurance/Self-Insurance. The Parties are either insured or self-insured as to
any requirements under this Agreement. No policies or bonds are required of
either Party as to any provisions of this Agreement. The Parties are aware of
and shall comply with the requirements of Section 3700 of the California
Labor Code at their own cost and expense and further, neither Party nor its
carrier shall be entitled to recover from the other any costs, settlements, or
expenses of Workers’ Compensation claims arising out of this Agreement.
10. Independent Contractors. It is expressly understood that this Agreement is
intended by the Parties to be between two independent contractors and that no
agency, employee, partnership, joint venture, or other relationship is
established by this Agreement.
11. Non-Waiver of Rights. The Parties agree that neither shall be considered or
deemed to have waived, released, or altered in any manner any or all rights
which it would otherwise have pursuant to law with regard to any other matter
dealt with or affected by this Agreement.
12. Interpretation. It is agreed and understood by the Parties that this Agreement
has been arrived at through negotiations and that neither Party is to be deemed
the Party that prepared this Agreement within the meaning of California Civil
Code Section 1654. The provisions of this Agreement shall be interpreted in a
reasonable manner to effect the purpose of the Parties and this Agreement.
13. Attorney Fees. In the event of any controversy, claim, or dispute relating to
this Agreement, or the breach thereof, the prevailing party shall be entitled to
recover from the losing party reasonable expenses, attorney fees, and costs.
14. Counterparts. This Agreement may be executed in two counterparts, each of
which shall be deemed an original, but each of which shall be deemed to
constitute one and the same document.
15. Entire Agreement. This Agreement, consisting of _____ ( ) pages, which
includes Amendment A, constitutes the entire and complete agreement
between the parties regarding the subject matter hereof, and supersedes all
prior or contemporaneous negotiations, understandings, or agreements of the
Parties, whether written or oral, with respect to such subject matter.
IN WITNESS WHEREOF, WMD and PCA, by their duly authorized
representatives, have executed this Agreement on the date first written above, as
authorized and directed by their respective Boards of Directors.
MONTEREY REGIONAL WASTE MONTEREY REGIONAL WATER
MANAGEMENT DISTRICT POLLUTION CONTROL DISTRICT
By_____________________________ By_____________________________
Its_____________________________ Its_____________________________
Monterey Regional Water Pollution Control Agency “Dedicated to meeting the wastewater and recycled water needs of our member agencies, while protecting the environment.”
Joint Powers Authority Member Entities: Boronda County Sanitation District, Castroville Community Services District, County of Monterey, Del Rey Oaks, Fort Ord, Marina Coast Water District, Monterey,
Moss Landing County Sanitation District, Pacific Grove, Salinas, Sand City, and Seaside.
RECYCLED WATER COMMITTEE
MARCH 17, 2016
ACTION ITEM
CONSIDER AWARD OF DESIGN CONTRACT TO KENNEDY/JENKS
CONSULTANTS FOR GWR INJECTION WELL FACILITIES FROM: Jennifer Gonzalez, Engineering Manager
APPROVAL: GM Legal CFO
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BACKGROUND: A Request for Proposals was issued for the Pure Water Monterey Groundwater Injection Well Facilities Project on February 5, 2016. This RFP was originally issued back in November, but due to changes in the scope of work it was reissued in February. Eight individuals from eight firms attended a February 17 mandatory pre-proposal meeting at the Regional Treatment Plant. One addendum was issued providing answers to questions from potential proposers on the projects. On March 11th, two proposals were received from E2 Consulting Engineers, Inc. (E2) and Kennedy/Jenks Consultants for the GWR Injection Well Facilities Project. The GWR Injection Well Facilities design has already been developed to the 10% design level by E2 Consulting Engineers. This contract will be performed in two phases with the successful Consultant expected to complete the Phase 1 Final Bid plans and specifications package, performing Phase 1 Bid Phase Services, and then continue on to provide Engineering Services During Construction for Phase 1 before repeating the same tasks for Phase 2, and finally As-Built Drawings. The initial phase of work will include the installation of one deep injection well and one monitoring well for testing to reduce the hydro geologic uncertainty associated with the GWR injection wells and to collect data needed for successful implementation of Phase 2. Phase 2 will include the installation of an additional deep injection well, a vadose zone well, and three monitoring well clusters. The results of the Phase 1 field testing will be used to modify the Technical Specifications for the Phase 2 wells. The Consultant will be required to request and obtain a Notice-to-Proceed for each task prior to proceeding with additional work.
Recycled Water Committee March 17, 2016 Page 2 of 2
A committee of five met on Monday, March 14, 2016 to select a firm to do the project. The committee unanimously selected Kennedy/Jenks for the depth of information included in their proposal, including several options for value engineering that will benefit the Agency and bring down overall cost. FISCAL IMPACT: Funding for this contract has been included in the Fiscal Year 15/16 Groundwater Replenishment budget. RECOMMENDATION: Staff recommends the Board authorize the General Manager to finalize negotiations and enter into an agreement with Kennedy/Jenks in an amount not to exceed $387,703 at this time. Staff will return to the Board at a future date to extend this contract to the construction phases of service once the State Revolving Fund Loan is secured.