mprwa agenda packet 04-10-14

Agenda Monterey Peninsula Regional Water Authority (MPRWA)

Regular Meeting

7:00 PM, Thursday, April 10, 2014 Council Chamber 580 Pacific Street

Monterey, 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.

AGENDA ITEMS

1. Receive, discuss, revise, and approve the Request for Proposal (RFP) and Scope of Work

for a Value Engineering (VE) Study of the Monterey Peninsula Water Supply Project (MPWSP) - Cullem

2. Receive Update, Discuss and Provide Recommendation on Update to the Monterey

Peninsula Regional Water Authority Work Plan - Cullem

3. Approve Mid-Year FY 2013-2014 Amended Budget and Approve the FY 2014-2015 Budget - Cullem

ADJOURNMENT

The Monterey Peninsula Regional Water Authority is committed to include the disabled in all of its services, programs and activities. For disabled access, dial 711 to use the California Relay Service (CRS) to speak to staff at the Monterey City Clerk’s Office, the Principal Office of the Authority. 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 staff at the Monterey City Clerk’s Office at (831) 646-3935 to coordinate use of a device or for information on an agenda. 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 Peninsula Regional Water Authority Agenda Report

Date: April 10, 2014

Item No: 1.

FROM: Executive Director Cullem

SUBJECT: Receive, discuss, revise, and approve the Request for Proposal (RFP) and Scope of Work for a Value Engineering (VE) Study of the Monterey Peninsula Water Supply Project (MPWSP)

RECOMMENDATION:

It is recommended that the Monterey Peninsula Regional Water Authority (MPRWA) approve the RFP and scope of work for a VE study of Cal-Am’s Desal facility 30% design.

DISCUSSION:

Section II of the Amended and Restated Agreement to form the Monterey Peninsula Water Supply Project Governance Committee defines “Value Engineer” as, “The professional engineer(s) to be retained by, or to consult with, Cal-Am to perform a value engineering analysis for the Desalination Project to potentially lower the costs of, or maximize the value of, the Desalination Project to Cal-Am’s ratepayers, including matters concerning the cost effectiveness, performance, reliability, quality, safety, durability, effectiveness, or other desirable characteristics of the Desalination Project”.

At its meeting of March 31, 2014, the Governance Committee voted to advertise, select, and award a contract for a VE study on Cal Am’s Desal project at the 30% design level, per Section V. of the Governance Committee Agreement. The Governance agreement currently allows the Committee to select the VE consultant, but it will be modified to have the Committee advertise and award the contract in lieu of Cal Am doing so.

Since the Governance Committee has no way to award contracts, and since time is of the essence, the Water Authority has been requested to advertise the RFP. Following approval by the Governance Committee, the Authority will select the consultant, and award a contract.

An initial draft RFP and Scope of Work for the VE study was prepared by Cal-Am before a decision was made by the Governance Committee to take responsibility for the contract. Accordingly, the initial draft was substantially revised by the Water Authority staff to incorporate issues of concern to the Authority and to the public, and to insure it conformance with public contracting requirements. It was reviewed by the TAC on April 7th, and the TAC’s suggestions have been included in the final RFP.

BUDGET CONSIDERATIONS:

MPRWA Meeting, 4/10/2014 , Item No. 1., Item Page 1, Packet Page 1



Item No: 1.

The FY 2013-2014 will have to be increased by not to exceed $200,000 to pay for the VE study with the full cost to be reimbursed by Cal-Am per the Governance Agreement.

ATTACHMENTS:

Draft VE Contract

VE RFP

VE Scope of Work


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MONTEREY PENINSULA REGIONAL WATER AUTHORITY

April 11, 2014 To: Selected Recipients TBD

Directors:

Chuck Della Sala, President Jason Burnett, Vice President

Ralph Rubio, Secretary Jerry Edelen, Treasurer

Bill Kampe, Director David Pendergrass, Director

Executive Director:

Jim Cullem, P.E. Re: California American Water Company Monterey Peninsula Water Supply Project (MPWSP) Desalination Infrastructure Request for Proposal – Value Engineering Study Dear Sir or Madam: The Monterey Peninsula Regional Water Authority (MPRWA), on behalf of the MPWSP Governance Committee (GC), is seeking a qualified Value Engineering (VE) Consultant to provide VE services related to the design and construction of a 6.4 to 9.6 mgd seawater desalination water treatment (desal) plant on the Monterey Peninsula. You are invited to submit a proposal for VE services for the above referenced project. The project is currently being designed for the California American Water Company (CAW) by Camp Dresser & Mckee (CDM) Constructors, Inc. with offices in Walnut Creek, California. CDM will have made a 30% design submittal prior to the VE study. Preliminary site plans, floor plans, elevations and a geotechnical report will be available for the study. Schematics for the process, treatment residuals handling and chemical systems will also be available. A preliminary cost estimate and energy consumption model will be provided. In general, the objectives of the value engineering services are:

• To identify potential changes to the project design that would satisfy the essential functions of the project at a lower capital and/or life cycle cost;

• To identify potential changes to the project design that would better accomplish the essential functions of the project and/or provide better overall value;

• To improve confidence in the effectiveness of the design, i.e., to ensure the design represents the most efficient combination of cost, performance and reliability;

• To identify constructability, durability, adaptability, operability, safety, and maintenance issues;


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• To identify opportunities to attain a Silver Award level of sustainable design under the Institute for Sustainable Infrastructure(ISI) Envision rating system;

• To identify opportunities to attain a Silver Award level of design under the US Green Building Council LEEDS rating system.

Scope of Services The work will consist of the following tasks and as detailed in Exhibit “A”, Scope of Services, attached. It is intended that the selected VE Consultant will conduct one VE workshop to be conducted in the Monterey, California area from June 23 through June 27, 2014. The VE workshop will follow the standards of the Society of American Value Engineers (SAVE). The workshop meeting location will be announced and will be and paid for by others. The VE workshop will consist of the following phases conducted over a period of four/five consecutive days:

• Information Phase • Function Analysis Phase • Creative Phase • Evaluation Phase • Development Phase • Presentation Phase

Required Qualifications The VE Consultant shall provide a team leader/facilitator that is certified by SAVE International as a Certified Value Specialist (CVS). The team will also include multidiscipline technical specialists with appropriate qualifications such as: an architect, instrumentation and controls engineer, civil and structural engineer, process design engineer, electrical engineer, construction cost estimator and construction superintendent. The team shall also include experienced operations and maintenance staff as well as certified ENVISION and LEEDS evaluators to round out the technical specialist staff. The VE Consultant shall demonstrate corporate experience pertinent to the subject matter of the VE study.

Proposal Elements Proposals are to consist of no more than 15 single-sided pages and include the following elements: Cover Letter Table of Contents Understanding of the Scope of Work Proposed Methodology and Delivery Schedule Qualifications and Experience, including client references Brief Biographies of Key Personnel Fee Proposal (in separate sealed envelope) Other considerations


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Detailed resumes and additional corporate information may be also submitted, if so desired. Note that key personnel must disclose any economic interest they have in CAW, American Water, or CDM. The proposal should be on a lump sum basis, inclusive of per diem costs for travel and living expenses. Note that the MPRWA will utilize a Qualification Based Selection (QBS) process in procuring professional services. Accordingly, the fee proposal is to be provided in a separate sealed envelope submitted with the technical proposal, and will not be considered in the selection of the best proposal. It will be opened at the time of initial negotiation with the selected firm. Proposals should be submitted by 4:00 p.m. on Thursday, May 8, 2014. One original proposal, two (2) hard copies and three (3) CD-ROMS shall be addressed and sent to: Monterey Peninsula Regional Water Authority (MPRWA) 735 Pacific Street Monterey, CA 93940 Attention: Executive Director. Thank you for your cooperation. If you have any questions or comments concerning the project scope of services, please contact me at 831-241-8503 or [email protected]. Very truly yours, James M. Cullem, P.E.

Executive Director EXHIBITS: A- Scope of Work for Value Engineering Study B- MPRWA Sample Contract for Professional Services Xc: Chuck Della Sala- President MPRWA Jason Burnett- Chair, Governance Committee Dave Stoldt- GM, MPWMD I. Crooks –CAW R. Svindland - CAW S. Creel - AW J. Gallagher - AW


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EXHIBIT “A”

SCOPE OF SERVICES FOR VALUE ENGINEERING STUDY

The Value Engineering (VE) Consultant will provide the following services in accordance with this scope of work. CONSULTANT VE STUDY TEAM The Value Engineering Consultant will provide the VE study team members identified below:

• VE Team Leader/Facilitator Provided by VE Consultant • Civil / Structural Engineer Provided by VE Consultant • Architect Provided by VE Consultant • Process Design Engineer Provided by CAW • Electrical Engineer Provided by VE Consultant • Instrumentation and Controls Engineer Provided by VE Consultant • Construction Cost Estimator Provided by CAW • Construction Superintendent Provided by CAW • Operations personal Provided by VE Consultant

& CAW • Maintenance personal Provided by VE Consultant

& CAW • Envision and LEEDS certified evaluators Provided by VE Consultant

All other team members will be provided by the Governance Committee (GC) and/or California American Water (CAW), at no cost to the VE Consultant. The VE Consultant will communicate directly with the MPRWA Contract Manager, the GC Project Manager, the California American Water Project Manager, CDM Constructors Inc. and with all other study team members as needed relative to scheduling, pre-workshop, workshop and post workshop activities. PRE-WORKSHOP ACTIVITIES The VE Consultant will perform pre-workshop activities to include those tasks which must be accomplished in order for the study team to be able to efficiently and effectively perform in the workshop. These activities will consist of:

• Scheduling value engineering study tasks, • Scheduling and coordination with VE study team members • Assisting the GC and CAW with scheduling VE study participants • Coordination of the necessary project documentation of the project for distribution by the

GC and CAW to study team members • Document review by VE Consultant-supplied team members • Preparation of cost, energy, life cycle costs, etc. to the extent that the information needed

for their preparation is available. • Identify Envision Silver level Certification requirements and cost benefit analysis • Identify LEEDS Silver level Certification requirements and cost benefit analysis


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CAW and the GC will distribute the project documents and materials to be studied to the VE study team members at least five (5) working days prior to the workshop start. All team members are expected to review the project documents and material prior to the start of the workshop. WORKSHOP The VE Consultant will conduct a 40 hour value engineering workshop using the six-step job plan that is consistent with the best management practices recognized by SAVE. The workshop will include an Information Phase, a Function Analysis Phase, a Creative Phase, and Evaluation Phase a Development Phase and a Presentation Phase. A site visit for the team members will be conducted on the first day of the workshop. The workshop will be initiated by presentations from the GC and CAW representatives, who will describe the objectives of the study and any constraints that will be placed on the study team. The designers will explain specifically how the design accomplishes MPRWA and CAW’s objectives and the details of that design. The workshop will include a detailed function analysis of the major project elements. The team will generate a list of ideas for project improvement followed by an evaluation of those ideas. This evaluation will include input from key GC and CAW decision makers before proceeding with development of recommendations. On the last day of the workshop, a presentation of the recommendations will be provided to CAW, key representatives of the design team, and the GC. The workshop will be held at location within the California American Water service area and will be announced at a later date. The cost of providing the workshop meeting facilities and all other costs associated with the meeting facilities will not be borne by the consultant. To ensure that the study team has complete information about the project criteria, CAW will provide, at a minimum, key personnel from both CAW and the design team for the first day and last day presentations. POST WORKSHOP The VE Consultant will conduct a four-hour post-workshop Decision/Implementation Meeting at a location to be announced following receipt by the study team of the written design responses to the Preliminary Report. The purpose of the Decision/Implementation Meeting is to assist the GC and CAW in making decisions regarding acceptance or rejection of the individual value proposals. Attendees will consist of GC representatives, key CAW staff, key designer staff and the VE study team leader. SCHEDULE The work will be performed in accordance with the following schedule: Pre-Study Activities Upon receipt of a signed contract and notice to proceed Workshop June 23 – 27, 2014 Preliminary VE Study Report Three (3) days after completion of the Workshop Decision/implementation Meeting On a date to be determined by the GC, CAW, VE Consultant

and designer Final VE Study Report Fourteen (14) days after receipt of Comments on the draft

report


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DELIVERABLES The VE study effort will include the following deliverables, all which are related to the results of the workshop:

• Study Team Presentation Handout • Preliminary VE Study Report • Final VE Study Report

The Preliminary VE Report will be prepared in the Value Engineering Consultant report format, and will be a compilation of the handwritten products developed in the workshop. The purpose of this draft report is to give the GC, CAW and other reviewers the opportunity to check the final VE Study report prior to final issuance. The Final VE Study Report is the final documentation of the VE Study. The report is a finalized version of the Draft Report including the incorporation of GC and CAW comments. The submittal of the final report concludes the Scope of Work. The VE Consultant will provide the GC with two (2) electronic copies (CD-ROM) and the following number of hard copies of each report:

• Preliminary VE Study Report 6 copies • Draft of Final VE Study Report 6 copies • Final VE Study Report 6 copies.


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EXHIBIT “B”

CONTRACT FOR PROFESSIONAL SERVICES

Agreement for Consultant Support Services

THIS AGREEMENT is executed this __ day of ______, by and between the Monterey Peninsula Regional Water Authority, a municipal corporation, hereinafter called "Authority", and _________, 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, Value Engineering Services as described on the following attachment: Scope of Services for Value Engineering Study (attached hereto as Exhibit “A”). 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 no later than June 1, 2014 and shall be completed by July 31, 2014, 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, a lump-sum payment as set forth in Consultant’s Proposal (Exhibit C), in a total amount of __________________ ($_________). 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. Written invoices shall include a copy of timesheets or invoices from 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 services identified in Exhibit C, or for 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 the Authority Executive Director, only after the Authority Director provides written authorization for the additional work. 6. 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. 7. Indemnification. Consultant hereby agrees to the following indemnification clause:


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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 Indemnitee 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.

8. 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 $2,000,000 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 $2,000,000 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 Authority'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:


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• 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

Monterey Peninsula Regional Water 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.

9. Ownership of Work. Upon completion of the work under this Agreement, ownership, and title 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. 10. Licensing. 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


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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 sub-consultants with all required licenses and certifications. 11. Substitution of Consultant Personnel. The key personnel of Consultant or any sub-consultants listed in Consultant’s proposal and assigned to perform the work under this Agreement may not be substituted with or replaced by other personnel or sub-consultants without the advance written consent of Authority. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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. 17. 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. 18. Counterparts. This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts. 19. 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. 20. Venue. Should either party to this agreement bring legal action against the other (formal judicial proceeding, mediation, or arbitration) the venue for the matter shall be Monterey County, California. IN WITNESS WHEREOF, this Agreement is entered into by the parties hereto on the day and year first above written in Monterey, California. AUTHORITY CONSULTANT __________________________ __________________________ Executive Director Consultant Name




Item No: 2.


SUBJECT: Receive Update, Discuss and Provide Recommendation on Update to the Monterey Peninsula Regional Water Authority Work Plan RECOMMENDATION:

Staff recommends that the Authority receive a report on the status of the approved Work Plan for FY 2013/2014 and provide direction to staff.

DISCUSSION:

At its meeting of October 10, 2013, the Water Authority adopted a Work Plan for FY 2013/2014. The adopted elements of that plan and the current status of each element are as follows:

- Completion of post-settlement activities and follow-up with settling parties Status: On schedule and on-going with Jason Burnett and Russ Mcglothlin continuing to engage with the CPUC and the settling parties in conformance with the CPUC/CPCN schedule

- Assist passage of legislation to implement securitization and work collaboratively with MPWMD and Cal Am to obtain Water Rate Relief Bonding and other public funding to minimize costs to the ratepayers Status: SB 936 has been introduced in the legislature and Jason Burnett and Dave Stoldt have testified at hearings in Sacramento. The bill passed the Senate Governance and Finance Committee on a 7-0 vote on April 9th

- Work collaboratively with MPWMD and MRWPCA to move the GWR project forward Status: GWR and the PCA project “Pure Water Monterey” continue to advance with the TAC tracking the GWR schedule at every meeting

- Work with the MPWMD to develop a plan for engaging with the State Water Resources Control Board regarding potential appropriate modifications to the Cease and Desist Order Status: The settling parties, with the participation of the Jason Burnett, Don Freeman, and Jim Cullem have met several times and formulated a coordinated strategy for requesting a CDO extension

- Where appropriate, support Cal-Am in efforts to secure permits related to the proposed source wells (initially a test well)




Item No: 2.

Status: Jason Burnett, Don Freeman, and Jim Cullem, working directly with the City of Marina, were instrumental in securing the borehole permits and advancing the studies and schedule for the test slant well

- Actively pursue public outreach and education efforts through our WA consultant in cooperation with MPWMD and its Public Outreach Committee Status: Environmental Relations PR has revamped the Authority power point and handout materials, and has coordinated its public relations message with that of the PCA and WMD

- Pursue opportunities to increase the use of storm water in future water supply projects Status: Jim Cullem has initiated and continued discussions with the Seaside Basin Water Master and with the Monterey Peninsula Storm Water Working Group.

BUDGET CONSIDERATIONS:

Pursuit of these work elements has resulted in significant increases in the budget, some of which have been partially covered by reimbursements (eg: SPI contract) while others have not (most notably the additional costs of Special Counsel). These impacts will be addressed in the budget adjustment item agendized for April 10, 2014.




Item No: 3.

№06/12


SUBJECT: Approve Mid-Year FY 2013-2014 Amended Budget and Approve the FY 2014-2015 Budget

RECOMMENDATION:

It is recommended that the MPRWA receive an update on the budget for FY 2013-2014, authorize budget adjustments, and approve the FY 2014-2015 budget.

DISCUSSION:

At its meeting of April 25, 2013, the Water Authority adopted a budget of $423,680 for Fiscal Year 2013-2014. The contribution from each City was, however, calculated based upon a lesser amount of $341,263 in anticipation of a FY 2012-2013 surplus of $82,417.

Unfortunately, that surplus failed to materialize as a consequence of higher than expected Special Counsel costs associated with the CPUC settlement proceedings in the spring of 2013. At its meeting of Sept 12, 2013, the Water Authority approved the utilization of the anticipated FY 2012-2013 budget surplus to cover the additional costs in 2013. However, the Executive Director recommended the Authority defer a revision to the City assessments pending a response from the County as to its fair-share.

Special Counsel costs remain a major expense as the Authority has had to deal with legal issues related to the borehole and slant well permits in Marina as well as negotiations with State officials on a possible extension of the CDO deadline. Accordingly, on January 9, 2014 the Authority approved an additional $86,000 for Special Counsel expenses through the balance of FY 2013- 2014.

As a result of the reduced City assessments discussed above there will be a shortfall in funding for the current fiscal year. However, the Authority has requested a fair-share contribution from Monterey County in the amount of $306,000, of which, $83,300 has already been approved by the Board of Supervisors. Also, the County has been invoiced $9281 for its fair- share of the SPI contract for monitoring Cal Am’s Design-Build consultant selection process. It is likely that the County will pay the $83,300 this fiscal year, but the additional and/or future contributions are uncertain at this time.

In anticipation of receiving County funds of $83,300 and $9281 this fiscal year, these funds have been included in the amended budget as noted in the attachment.

In addition, the Water Authority is expected to approve a RFP and award of contract for VE Services on behalf of the Governance Committee. Therefore, a cost estimate of not


to exceed $200,000 and a Cal-Am reimbursement of $200,000 have been included in the amended budget.

FISCAL IMPACT:

Attached is a spread sheet which includes the 2013-2014 adopted budget, and a 2013-2014 amended budget which includes the $86,000 addition for Special Counsel Services, plus line item readjustments recommended by staff to insure no line items go over budget.

The spread sheet also includes the proposed FY 2014-2015 budget with an increase of $35,000, or 7.6%, due to a 50% percent increase in the budget for the Special Counsel.

For clarity, the budget is expressed in both the format adopted in April 2013, as well as the new format adopted by the Water Authority on March 13, 2014.

No surplus is anticipated in FY 2013-2014, so the full FY 2014-2015 budget will have to be covered by member agencies. Since the participation and contribution of the County is still uncertain, member agencies would be assessed as stated in Table 3. Should the County decide to participate, the City contributions would be reduced by 34%.


Table 1

Budget FY 2013-14 Adopted Budget 13-14

Amended Budget 13-14

Legal Counsel $63,000 $59,000Attorney of Record $100,000 $186,000Staff $35,000 $35,000Executive Director $94,680 $90,680

$10,000 $3,000$20,000 $35,000

Contract Assistance $15,000 $200,000Travel $5,000 $1,000Public Outreach $49,000 $25,000

$7,000 $7,000$5,000 $6,700

$20,000 $2,000Total Budget FY 13-14 $423,680 $650,380

Contingency

Professional Services

StudiesProject Evaluation

InsuranceAudit


Table 2

Statement of Net Position 2013-14 Amended Funds Funds 2014-15Budgeted Budget Received Outstanding DRAFT

OPERATING EXPENSESCarryover from FY 2012-2013 $7,268 $7,268 $0County Contrib from FY 2012-2013 $83,300 $0 $83,300 $0Membership Fees $341,263 $341,263 $341,263 $458,680Reimbursments for SPI Contract $18,562 $0 $18,562 $0Reimbursement for VE Contract $200,000 $200,000 $0

Total Operating Revenue $341,263 $650,393 $348,531 $301,862 $458,680

OPERATING REVENUES BudgetedAmendedBudget

Expended/Encumbered thru 6/30/14

BudgetRemaining

Draft Budget2014-2015

Administration and ClericalPrincipal Office of the Authority $0 $0 $0 $0 $5,000

Clerk of the Board $35,000 $35,000 $35,000 $0 $24,000Financial Services $0 $0 $0 $0 $6,000Executive Director $94,680 $90,680 $0 $90,680 $94,680

Misc Admin Expenses $0 $0 $0 $500Legal Services

Board Counsel $63,000 $59,000 $0 $59,000 $63,000Special Counsel $100,000 $186,000 $0 $186,000 $152,000

Contract ServicesPublic Outreach $35,000 $15,000 $15,000 $0 $35,000

Audit Services $5,000 $6,700 $6,700 $0 $6,000Televised Meetings $14,000 $10,000 $4,663 $5,338 $10,000

Contract Services & Studies $25,000 $3,000 $0 $3,000 $30,000Contract SPI $20,000 $35,000 $34,610 $390 $0Contract VE $0 $200,000 $200,000 $0 $0

Insurance $7,000 $7,000 $0 $7,000 $7,500Travel Expenses $5,000 $1,000 $0 $1,000 $5,000Contingency $20,000 $2,000 $0 $2,000 $20,000

TOTAL OPERATING EXPENSES $423,680 $650,380 $295,973 $354,408 $458,680

MP

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eeting, 4/10/2014 , Item N

o. 3., Item P

age 4, Packet P

age 18

Table 3

Member CityApproved % Distribution

TotalContributions FY 2014-15

TotalContributions FY 2013-14

Carmel By the Sea 9.30% $42,657 $31,771Sand City 1.30% $5,963 $4,441City of Pacific Grove 18.80% $86,232 $64,225City of Seaside 22.00% $100,910 $75,157City of Monterey 46.50% $213,286 $158,855City of Del Rey Oaks 2.10% $9,632 $7,174Total Income 100.00% $458,680 $341,263

* Contributions were lower in FY 13-14 due to carry over balance of $82,417

Member City Contributions


mprwa agenda packet 04-10-14

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