DATE: March 12, 2019
SUBJECT:
Title
RESOLUTION AUTHORIZING A MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN DIEGO UNIFIED PORT DISTRICT AND THE CITY OF IMPERIAL BEACH FOR THE CONSTRUCTION OF THE REGIONAL FIBER OPTIC INFRASTRUCTURE PHASE 4A PROJECT FOR A NOT TO EXCEED AMOUNT OF $1,047,795 FUNDED BY HOMELAND SECURITY PORT SECURITY GRANT PROGRAM FY16
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EXECUTIVE SUMMARY:
Under the Department of Homeland Security Port Security Grant Program, a grant was awarded to the San Diego Unified Port District (District) for the San Diego Regional Fiber Optic Infrastructure Phase 4A (District Project) to construct fiber optic infrastructure in Imperial Beach Boulevard, in the City of Imperial Beach (City). The City has an Imperial Beach Boulevard Enhancements (City Project) for street and landscaping improvements for Imperial Beach Boulevard moving forward concurrently.
The City and District negotiated to include the District Project as part of the City Project. The District will provide the construction management for the District Project and the District will reimburse the City for payments made to the City’s contractor for the construction of the District Project.
The City held a bid opening on December 20, 2018 and awarded a construction contract to Palm Engineering Construction, Inc. in the amount of $8,276,440.06 on February 6, 2019.
The bid for the District Project is $997,900 for the bid items specified in the Base Bid and Additive Bid Schedule associated with the District Project, including the District Project’s share of 10% of the bid amounts for Mobilization and Traffic Control. The District will reimburse the City for any District Project change orders. The change orders will not exceed 5% of the total project budget. The District will reimburse the City in an amount up to but not to exceed $1,047,795.
Staff recommends authorizing the Memorandum of Understanding for the funding and construction of the District Project.
RECOMMENDATION:
Recommendation
Adopt a Resolution authorizing a Memorandum of Understanding between the City of Imperial Beach and the San Diego Unified Port District for the Regional Fiber Optic Infrastructure Phase 4A Project for a Not to Exceed Amount of $1,047,795 Funded by Homeland Security Port Security Grant Program FY16.
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FISCAL IMPACT:
Total funding for the Project is $1,249,500-. Funds for FY2019 are included in the approved TMP Capital Budget, which consists of a grant of $937,000 under the Department of Homeland Port Security Grant Program (PSGP FY16) and $312,500 from the Technology Management Program Capital Budget.
The actuals incurred to date is $194,089 leaving a balance of $1,055,911.
Compass Strategic Goals:
This project will continue the fiber optic infrastructure around the San Diego Bay which provides a secured communication network to convey video, secured information, and security camera feeds for the District and other regional stakeholders (County of San Diego, MTS, HLS, etc.). This agenda item supports the following Strategic Goal:
• A Port that is a safe place to visit, work and play.
DISCUSSION:
The Board of Port Commissioners (Board) adopted resolution 2016-158 on October 13, 2016 authorizing acceptance of the Federal Emergency Management Administration Department of Homeland Security Port Security Grant Program for fiscal year 2016 (PSGP FY16). Included in the grant award was the District Project that continued the San Diego Fiber Optic Infrastructure around the San Diego Bay.
The District Project will construct fiber optic infrastructure on Imperial Beach Boulevard, in the City. The City Project is for street and landscaping improvements for Imperial Beach Boulevard. Constructing the District Project prior to or after the City Project would not have been practical and disruptive. A cost savings for the District was realized by not requiring road repairs since the City is overlaying the street and by sharing mobilization/demobilization cost along with some street demolition.
The City and District negotiated to include the District Project in the City Project, which will benefit both agencies and share project costs.
If approved, the District will provide construction management and inspection for the District Project and will reimburse the City for payments made to the City’s contractor for the construction of the District Project.
The City of Imperial Beach Bid held a bid opening on December 20, 2018 and awarded a construction contract to Palm Engineering Construction, Inc. in the amount of $8,276,440.06 on February 6, 2019. The cost for the District Project is $997,900 for the bid items in the Base Bid for items associated with the District Project and Additive Bid Schedule, including the District Project’s share of 10% of the bid amounts for Mobilization and Traffic Control. A 5% contingency in the amount of $48,895 is set aside for any change orders related to the District Project for a total construction budget of $1,047,795.
The City of Imperial Beach approved the Memorandum of Understanding for the District Project on February 6, 2019.
Staff recommends authorizing the Memorandum of Understanding to construct the grant-funded District Project.
General Counsel’s Comments:
The Office of the General Counsel has reviewed the issues set forth in this agenda and found no legal concerns as presented and has reviewed and approved the Memorandum of Understanding as to form and legality.
Environmental Review:
The proposed Board direction or action, including without limitation, a resolution authorizing a memorandum of understanding for the construction of the Regional Fiber Optic Infrastructure Phase 4A is Categorically Exempt pursuant to California Environmental Quality Act (CEQA) Guidelines Sections 15301 (Existing Facilities), 15303 (New Construction or Conversation of Small Structures), and 15304 (Minor Alterations to Land) and/or Sections 3.a. (7), 3.c. (3), and 3.d. (7) of the District’s Guidelines for Compliance with CEQA because the project in question would involve a negligible expansion of use beyond that previously existing, would have no permanent effects on the environment, and would not involve the removal of mature, scenic trees. In addition, all surface areas disturbed by the proposed project would be restored. The District has determined none of the six exceptions to the use of a categorical exemption apply to this project (CEQA Guidelines Section 15300.2). A CEQA Exemption was previously issued for this project on November 8, 2018 (2018-200). The proposed project is consistent with the project analyzed in the Categorical Determination. The proposed Board action is not a separate “project” for CEQA purposes but is a subsequent discretionary approval related to a previously approved project. (CEQA Guidelines § 15378(c); Van de Kamps Coalition v. Board of Trustees of Los Angeles Comm. College Dist. (2012) 206 Cal.App.4th 1036.) Accordingly, the proposed Board action is merely a step-in furtherance of the original project for which environmental review was performed, and no further environmental review is required.
In addition, the proposed Board direction or action complies with sections 21, 35, 81, and 87 of the Port Act, which allow for the Board to pass resolutions, to do all acts necessary and convenient for the exercise of its powers, to use District funds for expenses of conducting the District, and for the construction, reconstruction, repair, and maintenance of highways, streets, roadways, bridges, belt line railroads, parking facilities, power, telephone, telegraph or cable lines or landings, water and gas pipelines, and all other transportation and utility facilities or betterments incidental, necessary, or convenient for the promotion and accommodation of any of the uses set forth in Section 87. The Port Act was enacted by the California Legislature and is consistent with the Public Trust Doctrine. Consequently, the proposed Board action is consistent with the Public Trust Doctrine.
Finally, the proposed Board direction or action is considered “excluded development” pursuant to Sections 8.a (Existing Facilities), 8.c (New Construction or Conversion of Small Structures), and 8.d (Minor Alternations to Land) of the District’s Coastal Development Permit Regulations because the project in question would involve a negligible expansion of use beyond that previously existing, would have no permanent effects on the environment, and would not involve the removal of mature, scenic trees. A “Coastal Act Categorical Determination of Exclusion” was previously issued for this project on November 8, 2018 (2018-200); therefore, issuance of a Coastal Development Permit or subsequent Exclusion is not required for the proposed Board action.
Equal Opportunity Program:
Not Applicable.
PREPARED BY:
Armando Mora
Capital Project Manager, Engineering-Construction
Attachment(s):
Attachment A: Memorandum of Understanding Between the District and the City of Imperial Beach