5 1
3 DATE: December 18, 2023
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
FROM: Derek Schweigart, Parks and Recreation Director
Frank Fanara, Parks Maintenance Manager
DEPARTMENT: Parks and Recreation
SUBJECT: CONTRACT AMENDMENT NO. ONE (1) IN THE AMOUNT OF $21,300 WITH CAGWIN AND DORWARD LLC. FOR
GATESHEAD PARK RESTORATION
RECOMMENDATION
It is recommended that the City Council adopt the attached resolution authorizing the Mayor to execute Contract Amendment No. 1 (CA #1) to the agreement with Cagwin and Dorward, in an amount not to exceed $21,300, to expand the scope of work in the original contract agreement to provide restoration services at Gateshead Park.
EXECUTIVE SUMMARY
As part of the Levee Protection Planning and Improvements Project CIP 327-657 (Levee Project), pathways and landscape elements within various Parks along the levee were improved to conform to the new raised levee elevation. Gateshead Park received new pathways, handrails and drainage elements and was used by Shimmick as a staging area for spoils and supplies for the project, which resulted in significant damage to its irrigation system as well as the passive turf area.
In November 2022, to prevent delays and ensure progress of the Levee Project, an agreement was executed with Cagwin and Dorward by the City Manager to restore Gateshead Park to its preconstruction condition. The construction work was tentatively scheduled for the next open bird nesting restriction window, which was September 1, 2023, to January 31, 2024.
5 1
3 In October 2023, staff met with Cagwin and Dorward at the park site to prepare for the landscaping work that was planned and scheduled. During the site walk, several issues were identified and discussed pertaining to the park’s present condition which would require more extensive grading and supplies in order to return the Park to its fully restored condition. CA #1, in the amount of $21,300, will provide the necessary services to fully restore Gateshead Park. Funding is available in the approved Levee Improvements Project (CIP 327-657) budget for CA #1.
BACKGROUND
Gateshead Park is a small neighborhood park along Baffin Street that was opened to the public in 1980. It is located adjacent to the levee/pedway near the Belmont Slough and provides public access to the pedway. The park provides picnic tables, a drinking fountain and passive natural turf areas.
The Levee Project is designed to improve the City’s existing levee system and provide flood protection in accordance with Federal Emergency Management Agency (FEMA) guidelines, allow the City to retain FEMA accreditation for the levee, and protect against future sea level rise. This is achieved by raising the levee/Bay Trail. As part of the Levee Project, pathways and landscape elements within various parks adjacent to the levee were improved to conform to the new levee elevation. One of these parks included Gateshead Park.
During construction for the Levee Project, various portions of the irrigation system at Gateshead Park, unidentified on the project plans, sustained damage. Sections of the passive turf areas were damaged as well. Various discussions occurred between the City and the contractor in which there were disputes over the responsibility for the park repairs, namely due to the fact that the irrigation system at Gateshead Park was not shown on the plans. Ongoing discussions involving Tanner Pacific (TPI) and Shimmick pertain to the provision of credits by Shimmick subcontractor, BrightView, for the non- placement of sod and a straight row of irrigation between the park and trail. Due to the park’s location, it is subject to the requirements of the Levee Project’s San Francisco Bay Conservation and Development Commission (BCDC) permit, including the bird nesting restriction window that limits construction activities between September 1 – January 31 each year. In November 2022, based on the progress and pace of work on the levee project known at the time, it was anticipated that the project could be completed by summer 2023. To prevent delay claims on the project, by having Shimmick waiting to perform work in the next bird window, staff removed the restoration work from the scope of the project, directed TPI to seek credits from Shimmick for the damages, and sought informal proposals with third party landscape contractors to restore Gateshead Park to its preconstruction condition. Staff received quotes from three (3) separate landscaping companies and selected Cagwin and Dorward to perform the work.
On February 7, 2023, the City Manager executed an agreement with Cagwin and Dorward, in an amount not-to-exceed $49,050 for the Repair and Landscaping for 5 1
3 Gateshead Park Restoration. The scope of work consisted of: Detail existing grass and grade areas to the selected level, maintaining a grade of 3”, install three new irrigation control valves and standard NDS valve boxes. Trench and lay appropriately sized PVC schedule 40 pipe in each zone, incorporating up to seventy new Rainbird 1804 sprinklers with Hunter MP rotating nozzles across multiple irrigation zones to ensure optimal coverage. Additionally, provide and install twenty cubic yards of compost and approximately 14,800 sf of Tall Fescue Sod.
ANALYSIS
CA #1 provides for an expanded scope of work including the following tasks:
•Install a 4” Drain line from a new channel drain to an existing sidewalk drain. •Furnish and install an additional 20 cubic yards of amended topsoil where necessary throughout the project to bring site to within 3” of final grade. •Furnish and install 10 cubic yards of compost, rototill, and bring to new grade in north area of new pathway.
•Furnish and install new lateral irrigation line and eleven (11) Rainbird 1806 sprinkler heads with Hunter MPR nozzles along the new pathway into the existing zone.
In accordance with Foster City Municipal Code Section 3.04.030, the City Manager has authority to execute contracts up to $50,000. For purchases in excess of $50,000, City Council approval is required.
It is the City’s understanding that any work that was not completed by Shimmick as required by the plans and specifications would be applied as credits towards the Project. Staff will continue to work with TPI to seek credits by the Shimmick subcontractor, BrightView, for the non-placement of sod and a straight row of irrigation which were a part of the original contract specifications.
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Approval of this Amendment with Cagwin and Dorward is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as said approval is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment. 5 1
3 FISCAL IMPACT
With the execution of CA #1, the revised contract amount is $71,350.
Current Contract Contract
Amendment
Revised
Contract
Park Rehabilitation 49,050 - 49,050
Additional Soil and Grading 21,300 21,300
Total 49,050 21,300 71,350
CA #1 in the amount of $21,300 to the agreement with Cagwin and Dorward will provide the necessary services to restore Gateshead Park. Funding is available in the approved Levee Improvements Project (CIP 327-657) budget for CA #1.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Facilities and Infrastructure
ATTACHMENTS
Attachment 1 – Resolution
Attachment 2 – Contract Amendment No. 1
Attachment 3 – Proposal