DATE: June 23, 2020
SUBJECT: SWEETWATER BICYCLE PATH AND PROMENADE
Title
RESOLUTION APPROVING CHANGE ORDER NO. 3 FOR $33,830 AND A CONTRACT TIME EXTENSION OF 170 DAYS FOR CONTRACT NO. 2018-27, SWEETWATER BICYCLE PATH AND PROMENADE PROJECT, TO ALIGN PROJECT COMPLETION WITH THE ADJACENT COSTA VISTA RV RESORT PROJECT, WITH NO INCREASE TO THE GRANT FUNDED BOARD APPROVED PROJECT BUDGET, PURSUANT TO BPC POLICY NO.110
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EXECUTIVE SUMMARY:
The Sweetwater Bicycle Path and Promenade project is part of the first phase of the CIP Site Preparation at Chula Vista Bayfront project. This project is grant funded through the California Natural Resources Agency’s Urban Greening Program (Urban Greening Grant) as authorized by the Board at the April 2018 BPC meeting to accept the grant, allocate matching funds, and to amend the District’s Capital Improvement Program (CIP) budget to reflect the addition of this Urban Greening Grant project scope and budget. In the July 2019 the Board approved the plans and specifications for Contract No. 2018-27, Sweetwater Bicycle Path and Promenade project, and authorized award of the project to 3-D Enterprises for construction of the project. Port staff subsequently awarded the project and issued a Notice to Proceed to 3-D Enterprises to commence construction in August 2019 and complete by March 2020. Staff recently extended the completion date, via Change Orders No. 1 and 2, to July 5, 2020 equaling a total contract time extension of 120 days.
Portions of the bicycle path and promenade project are immediately adjacent to, and in some locations cross over new street work improvements provided by the separate Costa Vista RV Resort project, developed by Sun Communities. Completion of the street work improvements is not scheduled until Fall 2020. To better coincide with the street work improvements, staff recommends extending completion of the 3-D Enterprises contract to December 22, 2020. This contract time extension requires Board authorization due to the BPC Policy No. 110 public works limit for time extension of 120 calendar days. Staff recommends authorization for Change Order No. 3 in the amount of $33,830 and contract time extension of 170 days for Contract 2018-27 to allow for a contract completion date of December 22, 2020 with no increase to the CIP project budget.
RECOMMENDATION:
Recommendation
Adopt a resolution approving Change Order No. 3 for $33,830 and a contract time extension of 170 days for Contract No. 2018-27, Sweetwater Bicycle Path and Promenade Project, to align project completion with the completion of the adjacent Costa Vista RV Resort project, with no increase to the grant funded Board approved project budget, pursuant to BPC Policy No. 110.
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FISCAL IMPACT:
This project is included in the FY 2019-2023 CIP for the Site Preparation at Chula Vista Bayfront project at a total project budget of $17,713,937, of which $4,800,000 is funded by the Urban Greening Grant, Grant Agreement Number U29130-0. Approval of this agenda will authorize the expenditure of an additional $33,830.
Compass Strategic Goals:
This agenda item supports the following Strategic Goal(s).
• A Port that the public understands and trusts.
• A vibrant waterfront destination where residents and visitors converge.
• A Port with a healthy and sustainable bay and its environment.
DISCUSSION:
The Sweetwater Bicycle Path and Promenade project is part of the first phase of the CIP Site Preparation at Chula Vista Bayfront project and the first of multiple segments of bikeway and promenade improvements located within the Chula Vista Bayfront. This project is grant funded through the California Natural Resources Agency’s Urban Greening Program (Urban Greening Grant) in the form of a $4,800,000 grant as authorized by the Board at the April 2018 BPC meeting to accept the grant, allocate matching funds, and to amend the District’s Capital Improvement Program (CIP) budget to reflect the addition of this Urban Greening Grant project scope and budget. In July 2019, the Board approved the plans and specifications for Contract No. 2018-27, Sweetwater Bicycle Path and Promenade project, and authorized award of the project to 3-D Enterprises for construction of the project. Port staff subsequently awarded the project and issued a Notice to Proceed to 3-D Enterprises to commence construction in August 2019 and complete by March 2020. Staff recently extended the completion date, via Change Order No. 1, to July 5, 2020 equaling a total contract time extension of 120 days and increased the contract in the amount of $7,800 via Change Order No. 2.
The project includes approximately 725 feet of path (roughly 20% of the total length) that will be constructed adjacent to a new section of E Street (“E Street Segment”) currently being constructed by the contractor for the future Costa Vista RV Park (Swinerton). The E Street Segment cannot be constructed until Swinerton completes rough grading on E Street, after which 3-D Enterprises would be able to proceed with establishing finished grades and constructing the remaining section bicycle path and pedestrian promenade.
The RV Park developer, Sun Communities, and its contractor, Swinerton, have experienced delays beyond their control related to the acquisition of land rights where the new section of E Street is to be constructed. Those issues have since been resolved; however, they impacted the construction of E Street by approximately four months and as a result the subgrades required for the construction of the E Street Segment have not been achieved yet.
The District evaluated several mitigation options in coordination with 3-D enterprises, the granting agency, and Swinerton to satisfy the grant requirements. These options included temporary measures to allow Sweetwater Path construction to proceed concurrently with E Street construction, re-aligning Sweetwater Path, deferring the E Street Segment to a later date, and eliminating the E Street Segment from the grant scope in its entirety.
Based on factors related to safety, cost, quality and schedule, District staff determined that the preferred option is to defer the E Street Segment scope until Swinerton completes rough grading and construction of new curb and gutter at E Street which is currently expected to be complete by late summer 2020. The District has requested and received approval from the California Natural Resources Agency’s Urban Greening Program to extend the grant deadline to December 31, 2020. This option provides the following benefits:
1. Improved public safety by rescheduling the opening of Sweetwater Path to late 2020 when construction of the new RV park will be substantially complete. This will avoid new pedestrian and bicycle traffic on Sweetwater Path travelling through the active construction zone for the RV park.
2. Improved safety by reduced amount of concurrent construction activity in the same work area.
3. Reduced potential for construction conflicts between two contractors.
4. New curb and gutter will provide a physical feature to clearly delineate the areas of work.
5. Improved construction efficiency by retaining current bike path contractor.
If not for the additional time to complete the bicycle path and promenade project in coordination with RV Resort project street work improvements, the Sweetwater Bicycle Path and Promenade project would be substantially completed by 3-D Enterprises by the current contract completion date of July 5, 2020. Staff has negotiated Change Order No. 3 with 3-D Enterprises for the remobilization and extended overhead costs and the additional time of 170 days to complete the E Street Segment work by December 22, 2020. The additional cost and time for this revised completion date is $33,830 and 170 days. The Change Order No. 3 cost plus the amount of previous change orders No. 1 and change order No. 2 equals a cumulative total of $52,243, an amount within staff’s authority of 10% of the original $4,497,000 contract amount. The additional contract time requested in Change Order No. 3 requires Board authorization since it exceeds staff’s authorization limit of 120 days, pursuant to BPC Policy 110.
Staff recommends adopting a resolution approving Change Order No. 3 for $33,830 and a contract time extension of 170 days for Contract No. 2018-27, Sweetwater Bicycle Path and Promenade Project, to align project completion with the completion of the adjacent Costa Vista RV Resort project, with no increase to the grant funded Board approved project budget, pursuant to BPC Policy No. 110.
General Counsel’s Comments:
The Office of the General Counsel has reviewed and approved this agenda and proposed resolution, as presented, as to form and legality.
Environmental Review:
The proposed Board action, including without limitation, a resolution approving a change order and a 170 day time extension of the contract for construction of the Sweetwater Bicycle Path and Promenade was adequately covered in the Final Environmental Impact Report (FEIR) for the Chula Vista Bayfront Master Plan (CVBMP) (UPD #83356-EIR-658; SCH #2005081077; Clerk Document No. 56562), certified by the District on May 18, 2010 (Resolution No. 2010-78), the Addendum to the FEIR, which was adopted by the Board on August 13, 2013 (Resolution No. 2013-138), and the Second Addendum to the FEIR, which was adopted by the Board on April 10, 2018 (Resolution No. 2018-0069). 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.) Additionally, pursuant to CEQA Guidelines Sections 15162 and 15163, and based on the review of the entire record, including without limitation, the FEIR and Addendums, the District finds and recommends that the proposed Board action does not require further environmental review as: 1) no substantial changes are proposed to the project and no substantial changes have occurred that require major revisions to the FEIR and Addendum due to the involvement of new significant environmental effects or an increase in severity of previously identified significant effects; and 2) no new information of substantial importance has come to light that (a) shows the project will have one or more significant effects not discussed in the FEIR and Addendum, (b) identifies significant impacts would not be more severe than those analyzed in the FEIR and Addendum, (c) shows that mitigation measures or alternatives are now feasible that were identified as infeasible and those mitigation measures or alternatives would reduce significant impacts, and (d) no changes to mitigation measures or alternatives have been identified or are required. Pursuant to CEQA Guidelines §15162(b), the District finds and recommends that no further analysis or environmental documentation is necessary. Accordingly, the proposed Board action is merely a step-in furtherance of the original project for which environmental review was performed and no supplemental or subsequent CEQA has been triggered, and no further environmental review is required.
Additionally, the proposed Board action complies with Sections 21, 35, 81, and 87 of the Port Act which allow for the Board to pass resolutions and to do all acts necessary and convenient for the exercise of its powers, the use funds for the expenses of conducting the District, and the construction, reconstruction, repair, maintenance, and operation of public buildings, public assembly and meeting places, convention centers, parks, playgrounds, bathhouses and bathing facilities, recreation and fishing piers, public recreation facilities, including, but not limited to, public golf courses, and for all works, buildings, facilities, utilities, structures, and appliances incidental, necessary, or convenient for the promotion and accommodation of any of those uses. 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, on December 11, 2018 the Board authorized the issuance of a non-appealable Coastal Development Permit (CDP) (CDP-2019-01) for the Sweetwater Pedestrian and Bike Path project (Resolution No. 2018-171, Clerk Document No. 69484). The proposed Board action would allow for furtherance of the project authorized under CDP-2019-01. No further approvals are required pursuant to the California Coastal Act or the District’s CDP Regulations.
Equal Opportunity Program:
A 5% SBE goal was established for this contract. The contractor is an SBE and identified one SBE subcontractor as part of their team.
PREPARED BY:
Mark McIntire
Capital Project Manager, Engineering-Construction
Attachment(s):
Attachment A: Change Order No. 3