ITEM:		CONSENT CALENDAR
5.	CONSIDER AUTHORIZING THE GENERAL MANAGER TO ENTER INTO UNEXPLODED ORDNANCE SUPPORT CONTRACTS FOR THE SANTA MARGARITA ASR PROJECT
Meeting Date:			June 15, 2020	Budgeted:	Yes
From:			David J. Stoldt	Program/	Water Supply Projects
			General Manager	Line Item:	35-04-786004
Prepared By:			Maureen Hamilton	Cost Estimate:	$29,016.57
General Counsel Review: N/A
Committee Recommendation: The Administrative Committee reviewed this item on June 9, 2020 and voted 2-1 to recommend authorization.
CEQA Compliance: This action does not constitute a project as defined by the California Environmental Quality Act Guidelines Section 15378.

SUMMARY: When Fort Ord Reuse Authority (FORA) sunsets on June 30, 2020, the agreement between FORA and MPWMD for FORA to provide unexploded ordnance (UXO) support services for the Santa Margarita ASR construction project (Project) will not be valid. The Project is expected to continue ground disturbing activities into July 2020 and would be forced to halt those activities without a valid UXO support contract.

Staff proposes to enter into a contract to provide unexploded ordnance (UXO) support services required to continue Project construction. The Administrative Committee reviewed this item on June 6, 2020 and voted 2-1 to recommend authorization, but at a much higher cost estimate, approximately $47,000. We now have better cost information and the requested amount is significantly lower.

RECOMMENDATION: The Administrative Committee recommends the Board authorize the General Manager to enter into a UXO support contract with Weston Solutions on a time and materials basis in an amount not to exceed (NTE) $26,378.70 plus 10% contingency, totaling $29,016.57.

BACKGROUND: The Santa Margarita ASR site is located on FORA-owned Environmental Services Cooperative Agreement (ESCA) property near the southeast corner of General Jim Moore Boulevard and Eucalyptus Road in the City of Seaside. FORA required that any party conducting land-disturbing activity on FORA property enter into a Reimbursement Agreement (RA) with FORA to supply ESCA and UXO support services including UXO construction support. MPWMD is required to fund all ESCA technical and UXO support costs for construction activities on the site. FORA informed MPWMD staff, via email, that on July 1, 2020 the RA for UXO support will no longer be valid. The City has informed MPWMD staff, verbally and via email, that work may continue at the site so long as MPWMD has a valid UXO contract in place. There has been no other formal correspondence regarding these requirements.

UXO support services scope includes ensuring intrusive activities are coordinated in advance with UXO-qualified personnel providing support; encountered munitions and suspect munitions are visually evaluated to determine whether they are or may be Munitions and Explosives of Concern (MEC), munitions debris (MD), or non-munitions debris (e.g., metal scrap); such munitions or debris that poses an explosive hazard are reported and managed properly; and other reporting. Most services are supplied by FORA subcontractors.

On April 9, 2014, the Board approved a RA with FORA for pre-construction support costs for the Project in the amount of $24,000. On July 16, 2018 the Board authorized the General Manager to amend the FORA services agreement to provide UXO construction support services for the Project by the NTE amount $55,215. As of May 31, 2020, there is $46,937.28 remaining of the July 2018 $55,215 authorization.

The Project obtained a Digging and Excavating on the Former Fort Ord permit (Grading Permit) from the City of Seaside for the Project construction. As stated earlier, City staff informed MPWMD staff that the Grading Permit will require a UXO support contract to remain valid after June 30, 2020. If the Grading Permit is invalidated, ground disturbing work required for construction of the Project must cease.

District staff reached out to FORA’s UXO support subcontractor Weston Solutions to secure services outlined above. Weston Solutions has a unique understanding of the ESCA and UXO complexities, procedures, and processes and how to achieve success. They have an understanding of the Seaside, California, Code of Ordinances Title 15, Final Remedial Design/Remedial Action (RD/RA) work plan, Land Use Controls Implementation Plan (LUCIP) and the UXO Construction Support Work Plan for the Project and have experience performing construction support on the former Fort Ord and within the Seaside Munitions Response Areas.

City staff confirmed a contract with Weston Solutions for UXO support services meets the City requirement for a UXO support contract and the Grading Permit would remain valid with evidence of said contract. The FORA RA would be terminated simultaneously upon execution of a contract with Weston Solutions.

The rate sheet Weston provided for the Project UXO support has lower rates than the rates that were negotiated between Weston and FORA.

Function	Weston-FORA 2020 Rate	Weston-MPWMD Rate
Project Manager	$229.29/h	$202.50/h
Billing Analyst IV	$134.52/h Financial Analyst IV	$74.68/h
Senior UXO Specialist	$160.80/h	$153.98/h
Rental Car and Fuel	$66/d + 4.50/gal	$105/d
Per diem	$76/d	$83.60/d
Hotel	$169.4-$226.6 seasonal variation	$171-$223 seasonal variation

Additionally, MPWMD will save the 5% FORA overhead on subcontractors.

EXHIBITS

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