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File #: 22-442    Version: 1
Type: Land Use and Environment Status: Passed
File created: 8/3/2022 In control: BOARD OF SUPERVISORS - LAND USE
On agenda: 8/17/2022 Final action:
Title: LINDO LAKE IMPROVEMENTS PROJECT - AUTHORIZE CHANGE ORDER FOR PHASE 1 AND ESTABLISH AUTHORIZATION TO ADVERTISE AND AWARD A CONSTRUCTION CONTRACT FOR PHASE 2 (DISTRICT: 2)
Attachments: 1. Lindo Lake Improvements Ph2 Bid and Ph1 CCO BL Draft Final, 2. A72 Form Lindo Lake Improvements signed, 3. COSD BOARD LETTER APPROVAL LOG 817 Lindo Lake signed, 4. Attachment A Project Vicinity Map, 5. Attachment B1 EnvReviewUpdateChecklist LindoLakeRestoration, 6. Attachment B2 MSCP Findings Lindo Lake Restoration Project, 7. 08172022 ag03 speaker, 8. 08172022 ag03 Minute Order

 DATE:

August 17, 2022

 03

                                                                                                                                                   

TO:

Board of Supervisors

 

SUBJECT

Title

LINDO LAKE IMPROVEMENTS PROJECT - AUTHORIZE CHANGE ORDER FOR PHASE 1 AND ESTABLISH AUTHORIZATION TO ADVERTISE AND AWARD A CONSTRUCTION CONTRACT FOR PHASE 2 (DISTRICT: 2)

 

Body

OVERVIEW

The Department of Parks and Recreation (DPR) operates the 55-acre Lindo Lake County Park located in the community of Lakeside. The park features the Lakeside Community Center and Teen Center, active and passive recreation, and a historic boat house, all of which surround Lindo Lake, the only natural lake in the county.

 

The Lakeside community’s nature and recreation opportunities and the ecosystems of local and migratory wildlife depend on the health of Lindo Lake. When a dam was created on Lake Jennings in the 1960s, it cut off Lindo Lake’s natural water supply and impacted its water levels and water quality.  For these reasons, the restoration of Lindo Lake and the surrounding habitat is critical for the community and the natural systems in the region.

 

On May 1, 2019 (13), the Board of Supervisors authorized the Director, Department of Purchasing and Contracting to advertise and award a construction contract for the first of two phases, for the Lindo Lake Improvements project. As the result of competitive procurement, Granite Construction Company was awarded an $8,830,830 contract to construct Phase 1 which included restoration of the east basin of Lindo Lake, which has been completed.

 

The restoration of Lindo Lake includes the installation of a natural bentonite clay liner on the lakebed to prevent water loss. During Phase 1 construction, it was discovered that the quantity of bentonite required to complete the project was greater than the approximate quantity in the Bid Schedule. The quantity of additional bentonite required, which is measured by weight, was a result of three circumstances - 1) the area of the east basin requiring bentonite increased, 2) the required thickness of the bentonite application increased, and 3) the form of bentonite required was heavier than anticipated. The cost for the additional bentonite required is $700,206.67. Board approval is requested to authorize the execution of the change order for the additional bentonite.

 

Phase 2 restoration of the west basin, like work completed for the east basin, will remove years of sediment, increase the depth of the basin, install a natural bentonite clay liner on the lakebed to reduce water loss, and restore terrestrial and aquatic habitat. Amenities in Phase 2 include a fishing pier, walking paths, and a pedestrian bridge from the community center to the historic boat house. The new bridge will meet accessibility regulations per the Americans with Disabilities Act (ADA).

 

Today’s requests will authorize the Director of the Department of Purchasing and Contracting to execute a change order in the amount of $700,206.67 to the existing construction contract with Granite Construction Company to compensate for the additional bentonite required for Phase 1 of the project. This change order would be paid from currently available Phase 1 construction contingency funds.

 

Today’s requests will also authorize the Director of the Department of Purchasing and Contracting to advertise and award a construction contract for Phase 2 of the project estimated at $15,100,000 including contingency. The remaining project funds of $400,000 will be used for project-related expenses including inspections, testing, construction management, and project administration. The total cost for construction of the Lindo Lake Improvements Phase 2 project of $15,500,000 was included in the Fiscal Year 2022-2023 Operational Plan based on General Fund balance. If approved, project construction will begin in fall 2022 with completion anticipated in summer 2024.

 

RECOMMENDATION(S)

CHIEF ADMINISTRATIVE OFFICER

1.                     Find that the Supplemental Environmental Impact Report (SEIR) on file with the Department of Parks and Recreation for the Lindo Lake Restoration Project, dated May 1, 2019, State Clearinghouse #1990010240, was completed in compliance with California Environmental Quality Act (CEQA) and State and County CEQA Guidelines, and that the Board of Supervisors has reviewed and considered the information contained therein before approving the project; and

 

Find on the basis of substantial evidence in the record before the Board that there are no changes in the project or in the circumstances under which the project is undertaken that involve significant new environmental impacts which were not considered in the previously certified SEIR, dated May 1, 2019, that there is no substantial increase in the severity of previously identified significant effects, and that no new information of substantial importance has become available since said SEIR was certified as explained in the July 2022 Environmental Review Update Checklist.

 

2.                     Authorize the Director, Department of Purchasing and Contracting, upon successful negotiations and determination of fair and reasonable price, to execute a change order to Contract Number 563307 with Granite Construction Company for the construction of Phase 1 of the Lindo Lake Improvements project in the amount of $700,206.67 included in project funds appropriated to the project in Fiscal Years 2018-19 and 2020-21 Operational Plan General Fund Fund Balance. (4 VOTES).

 

3.                     Authorize the Director, Department of Purchasing and Contracting to advertise and award a construction contract and take any other action authorized by Section 401 et seq. of the Administrative Code and Public Contract Code section 22160-22169, with respect to contracting for construction of Phase 2 of the Lindo Lake Improvements project.

 

4.                     Designate the Director, Department of Parks and Recreation (DPR), as the County of San Diego Officer responsible for administering the construction contract for Phase 2 of the Lindo Lake Improvements project in accordance with Section 430.4 of the County Code of Administrative Ordinance and Board Policy F-41, Public Works Construction Projects.

EQUITY IMPACT STATEMENT

The Lindo Lake Improvements project, located in the underserved community of Lakeside, will result in a positive community health impact for all residents. The proposed project will expand nature and recreation opportunities in an area that does not currently have sufficient access to such. Based on the available data from California State Parks’ Parks for All Californians Community Fact Finder Report and the American Community Survey 5-year estimates, 11 percent of the residents within a half-mile radius of the Lindo Lake Improvements project live below the poverty level and within a disadvantaged and severely disadvantaged community. The habitat restoration and recreation opportunities at Lindo Lake County Park would increase accessibility for these individuals by providing a venue to enjoy nature, exercise and improve health outcomes. The project would attract residents to spend time near the lake to access nature as well as the proposed recreational amenities.

According to the available data from California State Parks’ Parks for All Californians Community Fact Finder Report and the American Community Survey 5-year estimates, 135 households within a half-mile radius of Lindo Lake County Park do not have access to a vehicle. The Lindo Lake Improvements project will create improved opportunities for the nearly 6,000 community members who live within a half-mile radius of the park to enjoy nature, gather, walk, fish, and observe wildlife without relying on a vehicle. The completion of the restoration of Lindo Lake and the addition of proposed recreation amenities will provide new opportunities to build connections for residents of all ages, backgrounds, and abilities.

 

FISCAL IMPACT

Funds for the request to authorize a change order in the amount of $700,206.67 for Phase 1 are included in construction funds appropriated to Phase 1 of the Lindo Lake Improvements Capital Project 1019565 starting in Fiscal Year 2015-16 through 2021-22 Operational Plan in the Capital Outlay Fund. Total Phase 1 Project costs are $12,225,000. Construction costs of Phase 1 of the Lindo Lake Improvements project are estimated at $9,900,000, including the requested approval for the $700,206.67 change order. Remaining funds of $2,325,000 is for design, environmental, permitting and project contingency and administration. The funding sources are prior year’s General Fund fund balance and State of California San Diego River Conservancy grant. There will be no change in net General Fund cost and no additional staff years.

 

Funds for the request to authorize the advertisement and award of a construction contract for Phase 2 are included in the FY 2022-23 Operational Plan in the Capital Outlay Fund and will result in total costs of $15,500,000 for Capital Project 1025566 Lindo Lake Improvements - Phase 2. Construction costs are estimated at $15,100,000 including contingency. Remaining funds of $400,000 will be used for related project expenses, including inspections, testing, construction management, and project administration. The funding source is prior year’s unassigned General Fund fund balance.

 

Upon completion of this project, the ongoing cost for operations are estimated at $445,342 annually, which will include staffing, utility costs, maintenance supplies and services. Operating costs for Phase I are $197,912 for two staff and operating and maintenance costs and are included in the Fiscal Year 2022-23 Operational Plan. The funding source is existing General Purpose Revenue. Operating costs for Phase II are estimated at $247,430 and requests for staffing and funding will be included in future Operational Plans when the project is completed in FY 2024-25.

 

BUSINESS IMPACT STATEMENT

N/A

 

Details

ADVISORY BOARD STATEMENT

On February 2, 2016, the Lakeside Community Planning Group recommended the Lindo Lake Improvements project include coordination with the Lindo Lake Subcommittee to support “Design Concept 3” as the final “concept” for the Lindo Lake Improvements project. The vote of Ayes-12, No-0, Abstain-0, Absent-0, Vacant-0. “Design Concept 3” became the final design for construction for both Phase 1 and Phase 2.

 

On March 5, 2019, the Lindo Lake Subcommittee voted unanimously to continue support for the Lindo Lake Improvements project “Design Concept 3.”

 

On March 6, 2019, the Lakeside Community Planning Group recommended the Lindo Lake Improvements project to advertise and award a construction contract similar to the publicly supported “Design Concept 3.” The vote of Ayes-8, No-0, Abstain-0, Absent-0, Vacant-0.

 

On October 31, 2019, the Lakeside Revitalization Committee received updates from DPR staff on the Lindo Lake Improvements project and voiced continued support of the project.

 

DPR staff continues to meet with the Lindo Lake Subcommittee regularly to provide updates on progress of the Lindo Lake Improvements project. The Subcommittee continues to voice support of the project. Project update meetings held with the Subcommittee since the Subcommittee’s unanimous vote to support the project on March 5, 2019, have occurred on April 29, 2019, December 10, 2019, February 11, 2020, October 13, 2020, November 17, 2020, January 12, 2021, March 9, 2021, April 20, 2021, June 1, 2021, August 10, 2021, October 12, 2021, December 14, 2021, February 8, 2022, and April 5, 2022.

 

BACKGROUND

The Department of Parks and Recreation (DPR) mission is to enhance the quality of life in San Diego County by providing exceptional parks and recreation experiences and preserving significant natural resources. Lindo Lake County Park is an ideal site given its 55-acres of park space located at the center of the disadvantaged community of Lakeside near commercial and residential areas, schools, a post office, library, and sheriff sub-station.

 

Lindo Lake County Park is a popular destination frequented by community members and visitors who make use of the playgrounds, picnic and barbeque areas, group gathering areas, all-wheel park, outdoor exercise areas, active sports fields and areas of passive recreation. The park offers daily programs for families, seniors, people with all levels of ability and at-risk youth. Most of the park programs occur in the community center overlooking Lindo Lake. The park includes a 1.25-mile trail around the perimeter of the lake, frequently used by visitors for strolling, exercise, biking, scootering, dog walking, bird watching, and school cross-country events. The park also provides nesting and foraging habitats for migratory birds and raptors.

 

Lindo Lake is the only natural lake in the county. Historically, it was fed naturally through Quail Creek. However, in the early 1960s, a dam was constructed on Quail Creek to form Lake Jennings. This obstructed Lindo Lake’s natural water source, causing significantly reduced water flow and fluctuating lake water levels. Lindo Lake’s main source of water became urban runoff from the community of Lakeside, which included silt and sediments. Lindo Lake experienced significant environmental impacts, such as: reduced water depth, reduced surface area, and reduced water circulation. The lake eventually became bisected into two basins, where groundwater is used to maintain approximately 1-3 feet of water in the west basin only.

 

Prior to completion of Phase 1 restoration of the east basin, the east basin held water only during the rainy season and did not contain water throughout the majority of each year. These disturbances to the natural water flow in the area have led to increased water temperatures, accelerated evaporation, increased sediment loads and nutrient levels, which all contribute to the overall deterioration of Lindo Lake’s water quality. Given this situation, a project to restore the aquatic function and improve Lindo Lake has been in the planning stages for over four decades.

 

An Environmental Impact Report (EIR) for the original project was created in 1976; however, the funding necessary to implement this large-scale improvement was not secured until appropriations for Phase 1 construction were included in the Operational Plans of Fiscal Years 2018-19 and 2020-21, at which point the Supplemental Environmental Impact Report (SEIR) was prepared. Phase 2 construction funding was appropriated in the Fiscal Year 2022-23 Operational Plan.

 

Public Outreach

Restoration of Lindo Lake has been a desire and goal for the Lakeside community for decades as demonstrated by continued support from residents and community groups, including the Lakeside Revitalization Committee, the Lindo Lake Subcommittee, and the Lakeside Community Planning Group.

 

DPR’s engagement with the community for the Lindo Lake Improvements project began in 2016 through several outreach events and meetings. These public outreach efforts resulted in the publicly supported final design concept which received unanimous support from both the Lakeside Community Planning Group and the Lindo Lake Subcommittee in April 2019. The approved concept plan, which anticipated the phased restoration of the health of the lake and increase of the lake depth, became the design for the construction plans for both Phase 1 and Phase 2 of the project

 

Since then, 15 public meetings spanning from Spring 2019 through Spring 2022 have taken place to continue to gather feedback from residents and stakeholders and to provide progress updates on the Lindo Lake Improvements project. Throughout public outreach efforts, public engagement data was gathered through a variety of methods, namely in-person public meetings, virtual meetings, mailed multilingual surveys and online multilingual surveys to incorporate public input through the design process and through the Phase 1 construction process. DPR will continue the same level of engagement with residents and stakeholders throughout construction of Phase 2.

 

Project Progress, Design and Amenities

The recently completed Phase 1 restoration of the east basin included contouring and deepening the east basin to a depth of 10 feet, installing a natural bentonite clay liner on the lakebed to prevent water loss, installing two 48-inch culverts to eventually connect the east and west basins to improve water circulation, and installing cobble along the basin perimeter to stabilize and prevent erosion of the lake edge. To prevent sedimentation of the newly restored east basin, a new sedimentation basin was installed, and improvements were made to existing storm drains to filter and capture sediment before it can enter the basin. Fish habitat structures and a lake water aeration system were installed on the lakebed to support healthy aquatic habitat. New planting and landscape improvements were installed along the lake perimeter, including a water-saving irrigation system, to restore native habitat and provide improved recreation areas. Phase 1 amenities installed, all of which are ADA accessible, include two new pedestrian curb ramps to improve access to the park, new pathways, three viewing platforms, two bird watching stations, and a fishing pier.

 

During Phase 1 construction of the east basin lakebed liner, it was determined that the quantity of bentonite needed to successfully construct the liner was greater than anticipated in the Bid Schedule. Authorization of a change order in the amount of $700,206.67, to be paid from currently available construction contingency funds, is one of the subjects of today’s requested actions. The additional quantity of bentonite required, which is measured by weight, was a result of three circumstances - 1) the area of the east basin requiring bentonite increased, 2) the required thickness of the bentonite application increased, and 3) the form of bentonite required was heavier than anticipated. Granite Construction, in an act of good faith, procured and installed the additional bentonite required to complete the liner of the east basin. Because the cost for the additional bentonite exceeds the change order limit allowed by the Public Contracting Code, Board approval is requested to authorize the execution of the change order.

 

Phase 2 of the Lindo Lake Improvements project is also one of the subjects of today’s requested actions. Phase 2 will restore the west basin of Lindo Lake by performing the same improvements completed on the east basin including deepening the basin, installing a bentonite clay liner and cobble perimeter, completing the connection of the 48-inch culverts for water circulation partially installed in Phase 1, and installation of fish habitat structures and lake water aeration system. Phase 2 construction plans and bid documents include lessons learned from Phase 1, specifically the type and quantity of bentonite needed to complete the west basin liner. Phase 2 will also include installation of a new sedimentation basin and improvements of existing storm drains to capture sediment from runoff before entering the restored lake. A water aeration system will be installed to maintain healthy aquatic habitat. Landscape improvements of Phase 2 will restore habitat as well as provide recreation areas and will include an extension of the Phase 1 water-saving irrigation system. Phase 2 amenities to be installed, all of which will be ADA accessible, will include new pathways, a fishing pier, and a pedestrian bridge extending from the Lakeside Community Center patio to the historic boat house.

 

The total cost for completion of Phase 2 of the Lindo Lake Improvements project is estimated at $15,500,000. Construction costs are estimated at $15,100,000, including contingency. The remaining funds of $400,000 will be used for project-related expenses including inspections, testing, construction management and project administration. Today’s request will authorize the Director of the Department of Purchasing and Contracting to advertise and award a construction contract for Phase 2 of the Lindo Lake Improvements project estimated at $15,500,000 including contingency and related project expenses, and to take any action authorized by Section 401 et seq. of the Administrative Code. If approved, project construction will begin in fall 2022 with construction completion anticipated in summer 2024. This is the final phase of the Lindo Lake Improvements project.

 

ENVIRONMENTAL STATEMENT

The actions before the Board are a request to advertise and award a construction contract for Phase 2 of the proposed project and to authorize the Director of Purchasing and Contracting to execute a change order to the existing contract with Granite Construction Company to compensate for the additional bentonite required for Phase 1 of the project.

 

An Environmental Impact Report (EIR) for improvements to Lindo Lake Park was certified by the County Board of Supervisors on May 27, 1976. Subsequently, a Supplemental EIR (SEIR) was prepared for improvements at Lindo Lake Park in conformance with a Park Master Plan dated January 1983 that was certified by the County Board of Supervisors on February 28, 1984. On May 1, 2019 (13) (SCH #1990010240) the Board of Supervisors certified the Supplemental Environmental Impact Report (SEIR) for the Lindo Lake Restoration Project (proposed project). The SEIR identified potential project-related impacts to biological resources, cultural resources, and hazards/hazardous materials; however, based on the analysis in the SEIR, and through implementation of the proposed mitigation measures, avoidance measures, and project design measures, the record does not show a fair argument that the proposed project may cause any significant environmental impact.

 

An Environmental Review Update Checklist Form was prepared on July 2022 for Phase 2 of the proposed project and the change order for Phase 1 of the proposed project pursuant to CEQA Guidelines Section 15162 et seq., and it contains substantial evidence that there are no substantial changes in the project or in the circumstances under which the project is undertaken and that no new information of substantial importance has become available since the SEIR was certified. Therefore, no subsequent environmental review is required. The project is consistent with the MSCP as demonstrated in the MSCP Findings of Conformance dated July 2022.

 

 

 

 

 

 

LINKAGE TO THE COUNTY OF SAN DIEGO STRATEGIC PLAN

Today’s proposed actions to authorize the change order for Phase 1 and to authorize the advertisement and award of a construction contract for Phase 2 of the Lindo Lake Improvements project support the Sustainability, Equity, and Community Initiatives of the County of San Diego’s 2022-27 Strategic Plan by restoring habitat and improving watershed heath, expanding access to nature and recreation in an underserved community, and promoting safe and enhanced environment where residents can enjoy parks and outdoor experiences.

 

 

Respectfully submitted,

SARAH E. AGHASSI

Deputy Chief Administrative Officer

 

ATTACHMENT(S)

 

Attachment A - Project Vicinity Map

Attachment B1 -                     Environmental Review Update Checklist Form for Projects with Previously Approved Environmental Documents for Purposes of Consideration of Lindo Lake Restoration Project

Attachment B2 -                     Multiple Species Conservation Program Conformance Statement for Lindo Lake Restoration Project