City of Piedmont
COUNCIL AGENDA REPORT
DATE: February 6, 2023
TO: Mayor and Council
FROM: Sara Lillevand, City Administrator
SUBJECT: Consideration of the Award of the Contract for the 2022 Striping Project to Chrisp Company in the amount of $71,665.50, Approval of an Overall Construction Budget of $89,332.50, and a Determination that the Project is Exempt from the Requirements of the California Environmental Quality Act
RECOMMENDATION
Approve the attached resolution which takes the following actions regarding the 2022 Striping Project:
1. Approves the award of the Contract for the 2022 Striping Project to Chrisp Company based on their submitted bid of $71,665.50.
2. Approves the overall Estimated Construction Budget of $89,332.50, which includes the construction cost, a 10% contingency, and Construction Management/Inspection
3. Determines the project to be exempt from the requirements of the California Environmental Quality Act (CEQA).
BACKGROUND
In an effort to provide safety improvements for motorists, pedestrians and bicyclists, staff has developed construction documents for the following striping improvements:
• A new class 2 bicycle lane in the uphill direction on Moraga Avenue from Red Rock Road to the easterly City Limits.
• Traffic calming striping (edge striping) on Moraga Avenue from Bonita Avenue to Red Rock Road
• Pedestrian safety striping at the intersection of Moraga/Mesa Avenues • Improved centerline delineation on La Salle Avenue from Hampton Avenue through the “S” curve to the east
• Improved striping at Lincoln/Sheridan Avenues
The bicycle lane improvements on Moraga Avenue are in compliance with the Piedmont Safer Streets Plan and the remainder of the improvements are responses to various concerns that have been raised by the public and reviewed by the Traffic Committee to improve safety.
DISCUSSION
The City’s traffic working group, which consists of representatives from the Public Works and Police Departments, regularly receives and discusses issues of traffic safety brought to it by staff and the community. In the past year, three different areas of the City have particularly been a concern and proposed solutions have been developed as described below. The proposed solutions have been reviewed by the traffic working group, the City Engineer, as well as the City’s traffic engineering consultant.
Moraga Avenue - speeding motorists on Moraga Avenue have been a concern for several years and have recently caused a number of accidents. Additionally, residents near the intersection of the intersection of Moraga and Mesa Avenues have expressed concerns about pedestrian safety. To address both of these concerns, the plans before you tonight have been developed.
La Salle Avenue - multiple concerns regarding downhill traffic speed have been voiced by residents in the La Salle Avenue neighborhood, along with parents of pre-school students at Piedmont Play School located at Hampton Field. In response, the proposal of better centerline delineation (using raised markers) to slow vehicles down in this area.
Lincoln/Sheridan – multiple concerns have been voiced from motorists traveling through the Lincoln/Sheridan intersection regarding the lack of clarity on traffic movements and stopping.
In response, minor striping improvements are proposed at this intersection to better clarify traffic movements and stopping.
Bid documents were developed addressing all three of these areas. A public meeting was held on December 6, 2022 and the project was publicly bid in accordance with City Ordinances and the Public Contract Code. Bids were opened on January 19, 2023. Two bids were received ranging in price from $71,665.50 to $109,247. The engineer’s estimate for this project was $75,240. The company submitting the low bid is Chrisp Company.
The bid from Chrisp Company has been checked and found to be mathematically correct and all information submitted with the bid is responsive to the requirements of the bid documents.
Chrisp Company has a valid Class A contractor’s license (#374600) and Chrisp Company has a valid Department of Industrial Relations registration numbers (required for public works projects). Chrisp Company has done work in the City of Piedmont before and the City has had positive experiences in the past.
Based on the bid from Chrisp Company being both complete and responsive, staff recommends award of the 2022 Striping Project to Chrisp Company.
Schedule of Construction
If this contract is awarded at this Council meeting, it is anticipated that the work will begin in March, weather dependent. The contract documents allow for 20 working days (4 weeks) to complete the work. Subject to adjustments due to weather, the project should be completed in April.
Agenda Report Page 2
ENVIRONMENTAL REVIEW – CEQA EEXEMPTION
This project is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines section 15301(c), in that the project concerns the maintenance of existing streets.
FISCAL CONSIDERATIONS
Based on the recommended award amount, staff is proposing the following overall budget:
Construction $ 71,665.50
Construction Contingency (10%) $ 7,167.00
Construction Management/Inspection $ 10,500.00
Total Estimated Project Construction Budget $ 89,332.50 Funding for the project will come from the Capital Facilities Fund.
CITY ATTORNEY REVIEW
The City Attorney has reviewed and approved the Agreement as to form and legality.
By: Daniel Gonzales, Public Works Director
John Wanger, City Engineer
Attachments:
A. Resolution
B. Agreement for the 2022 Striping Project
Agenda Report Page 3
RESOLUTION No. _____
A RESOLUTION AWARDING A CONTRACT FOR THE 2022 STRIPING PROJECT TO CHRISP COMPANY IN THE AMOUNT OF $71,665.50, APPROVING AN OVERALL CONSTRUCTION BUDGET OF $89,332.50, AND DETERMINING THAT
THE PROJECT IS EXEMPTION FROM THE REQUIREMENTS OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, in accordance with the requirements of Chapter 2, Article XV of the Piedmont City Code (“Purchasing Ordinance”) the City of Piedmont solicited bids for the 2022 Striping Project ("Project"); and
WHEREAS, bids for the Project were opened on January 19, 2023, in accordance with Purchasing Ordinance, California Public Contract Code Section 4104.5 and other applicable laws; and
WHEREAS, two bids were received with bids ranging in price from $71,665.50 to $109,247; and
WHEREAS, the lowest responsive bid was submitted by Chrisp Company in the amount of $71,665.50; and
WHEREAS, staff has determined that Chrisp Company’s bid is responsive and satisfies the bidding requirements for the Project; and WHEREAS, staff has verified that Chrisp Company possesses a valid California Contractor’s License under the requested Class A, Number 374600 (expires 5/31/23) as required to qualify to perform the Project; and
WHEREAS, the Project has been found to be exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 1 5 3 0 1 (c), in that the project concerns the maintenance of existing streets.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PIEDMONT AS FOLLOWS:
1. The above recitals are true and correct and are hereby incorporated into this Resolution as findings of the City Council of the City of Piedmont.
2. In accordance with the Purchasing Ordinance and California Public Contract Code Section 20160 et seq., and other applicable laws, the City Council of the City of Piedmont hereby finds the bid of Chrisp Company for the 2022 Striping Project to be the lowest responsive bid and waives any irregularities in such bid in accordance with applicable law.
3. The contract for the 2022 Striping Project is hereby awarded to Chrisp Company in the Exhibit A Agenda Report Page 4
amount of $71,665.50 conditioned on Chrisp Company’s timely executing the Project contract and submitting all required documents, including, but not limited to, executed bonds/surety, certificates of insurance, and endorsements, in accordance with the Project bid documents.
4. The overall construction budget for the Project be established at $89,332.50.
5. City staff is hereby directed to issue a Notice of Award to Chrisp Company
6. The Project has been found to be exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15301(c) of Title 14 of the California Code of Regulations.
7. All portions of this resolution are severable. Should any individual component of this Resolution be adjudged to be invalid and unenforceable by a body of competent jurisdiction, then the remaining resolution portions shall be and continue in full force and effect, except as to those resolution portions that have been adjudged invalid. The City Council of the City of Piedmont hereby declares that it would have adopted this Resolution and each section, subsection, clause, sentence, phrase and other portion thereof, irrespective of the fact that one or more section subsection, clause sentence, phrase or other portion may be held invalid or unconstitutional. [END OF RESOLUTION]
Exhibit A Agenda Report Page 5
AGREEMENT
The City of Piedmont, a California Municipal Corporation (“City”) enters into this Agreement, dated February 6, 2023, with Chrisp Company (“Contractor”).
RECITALS
A. NOTICE INVITING BIDS. The City gave notice inviting bids to be submitted by 11:00 a.m., January 19th, 2023 for the 2022 Striping Project by soliciting bids in accordance with the City of Piedmont City Code and other applicable law.
B. BID OPENING. On January 19, 2023 at 11:00 a.m., City representatives opened the bids for the City of Piedmont 2022 Striping Project and read the bids aloud.
C. PROJECT AWARD. On February 6, 2023, the City Council awarded the 2022 Striping Project to the Contractor and directed City staff to send the Contractor written notice of award of the project. The City Council conditioned award of the project on the Contractor’s providing executed copies of all documents specified in the contract check list included in the bid package within ten (10) working days of receiving written notice of award of the project.
D. REQUIRED DOCUMENTS. The Contractor has provided the City executed copies of all documents specified in the contract check list included in the bid package within ten (10) working days of receiving written notice of award.
AGREEMENT TERMS
The City and the Contractor agree as follows:
1. THE WORK. The Contractor shall furnish all equipment, tools, apparatus, facilities, material labor, and skill necessary to perform and complete in a good and workmanlike manner the 2022 Striping Project (“Work”) as shown in the Technical Specifications and Project Plans in accordance with the Contract Documents and applicable law.
2. LOCATION OF WORK. The Work will be performed at the following locations within the City of Piedmont:
La Salle Ave (Hampton Rd – 670’ north)
Sheridan and Lincoln Intersection
Moraga Ave (Bonita Ave – Pala Ave)
Moraga Ave (Red Rock – City Limits)
3. TIME FOR COMPLETION. The Contractor must complete the Work in accordance with the Contract Documents within 20 (twenty) working days from the date specified in the City’s Notice to Proceed (“Time for Completion”).
Exhibit B Agenda Report Page 6
4. REMEDIES FOR FAILURE TO TIMELY COMPLETE THE WORK. If the Contractor fails to fully perform the Work in accordance with the Contract Documents by the Time for Completion, as such time may be amended by change order or other modification to this Agreement in accordance with its terms, and/or if the Contractor fails, by the Time for Completion, to fully perform all of the Contractor’s obligations under this Agreement that have accrued by the Time for Completion, the Contractor will become liable to the City for all resulting loss and damage in accordance with the Contract Documents and applicable law. The City’s remedies for the Contractor’s failure to perform include, but are not limited to, assessment of liquidated damages of $2,500 per day in accordance with California Government Code Section 53069.85 and Section 5-1.02 of the General Provisions, and/or obtaining or providing for substitute performance in accordance with the Contract Documents.
5. CONTRACT PRICE AND PAYMENT. As full compensation in consideration of completion of the Work in accordance with the Contract Documents and in consideration of the fulfillment of all of the Contractor’s obligations under the Contract Documents, the City will pay the Contractor in lawful money of the United States the total price of $71,665.50 (the “Contract Price”) as specified in the Contractor’s completed Bid Schedule dated January 19, 2023, and attached hereto and incorporated in this Agreement. Payment to the Contractor under this Agreement will be for Work actually performed in accordance with the Contract Documents and will be made in accordance with the requirements of the Contract Documents and applicable law. The City will have no obligation to pay the Contractor any amount in excess of the Contract Price unless this Agreement is first modified in accordance with its terms. The City’s obligation to pay the Contractor under this Agreement is subject to and may be offset by charges that may apply to the Contractor under this Agreement. Such charges include but are not limited to, charges for liquidated damages and/or substitute performance in accordance with the Contract Documents.
6. PREVAILING WAGES. In accordance with California Labor Code Section 1771, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in the California Labor Code must be paid to all workers engaged in performing the Work. In accordance with California Labor Code Section 1770 and following, the Director of Industrial Relations has determined the general prevailing wage per diem rates for the locality in which the Work is to be performed. In accordance with California Labor Code Section 1773, the City has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the project. In accordance with California Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at the City Public Works Department and will be made available on request.
Throughout the performance of the Work the Contractor must comply with all provisions of the Contract Documents and all applicable laws and regulations that apply to wages earned in performance of the Work.
Exhibit B Agenda Report Page 7
7. THE CONTRACT DOCUMENTS. This Agreement consists of the following documents (“Contract Documents”), all of which are incorporated into and made a part of this Agreement as if set forth in full. In the event of a conflict between or among the Contract Documents, precedence will be in the following order:
7.1 This Agreement and change orders and other amendments to this Agreement signed by authorized representatives of the City and the Contractor.
7.2 The General Provisions and change orders and other amendments to the General Conditions signed by authorized representatives of the City and the Contractor.
7.3 The Special Provisions, addenda to the Special Provisions signed by authorized representatives of the City and issued prior to bid opening, Equal Product Proposals accepted by the City and signed by authorized City representatives prior to bid opening, and change orders and other amendments to the Technical Specifications signed by authorized representatives of the City and the Contractor.
7.4 The Project Plans, addenda to the Project Plans signed by authorized representatives of the City and issued prior to bid opening, Equal Product Proposals accepted by the City and signed by authorized City representatives prior to bid opening, and change orders and other amendments to the Project Plans signed by authorized representatives of the City and the Contractor.
7.5 Notice Inviting Bids.
7.6 Instructions to Bidders.
7.7 The successful bidder’s completed Proposal Form and Bidder’s Sheet.
7.8 The successful bidder’s completed Contractor License Information.
7.9 The successful bidder’s completed List of Proposed Subcontractors.
7.10 The successful bidder’s Workers Compensation Insurance Certification.
7.11 The successful bidder’s completed Non-Collusion Declaration.
7.12 The successful bidder’s Debarment Certification.
7.13 The successful bidder’s completed Certificates of Insurance and Endorsements.
7.14 The successful bidder’s executed Performance Bond.
7.15 The successful bidder’s executed Payment Bond.
7.16 Executed Escrow for Deposit Agreement, if applicable.
Exhibit B Agenda Report Page 8
7.17 Change Order Form.
7.18 The Maintenance Bond form included in the bid package that the Contractor must execute prior to release of final payment under the Contract.
7.19 The successful bidder’s Qualification Statement, if any.
7.20 The successful bidder’s signed Signature Form.
8. PROVISIONS INCORPORATED BY REFERENCE. Provisions or parts of provisions that are incorporated by reference and not set forth at length in any of the Contract Documents will only form a part of this Agreement to the extent the Contract Documents expressly make such provisions or parts of provisions a part of this Agreement. For example, published public works agreement provisions, such as those of the State of California Department of Transportation Standard Specifications (known as the Standard Specifications) are only a part of this Agreement to the extent expressly incorporated in this Agreement by section number, and references in the Standard Specifications incorporated by reference to other Standard Specifications do not make such other Standard Specifications a part of this Agreement. When such published provisions are made a part of this Agreement, references in the published provisions to other entities, such as the State, the Agency, or similar references, will be deemed references to the City as the context of this Agreement may require.
9. INTERPRETATION OF CONTRACT DOCUMENTS. Any question concerning the intent or meaning of any provision of the Contract Documents, including, but not limited to, the Technical Specifications or Project Plans, must be submitted to the Public Works Department, for issuance of an interpretation and/or decision by an authorized Public Works Department representative in accordance with the requirements of the Contract Documents. Interpretations or decisions by any other person concerning the Contract Documents will not be binding on the City. The decision of an authorized Public Works Department representative shall be final.
10. ASSIGNMENT PROHIBITED. The Contractor may not assign part or all of this Agreement, or any moneys due or to become under this Agreement, or any other right or interest of the Contractor under this Agreement, or delegate any obligation or duty of the Contractor under this Agreement without the prior written approval of an official authorized to bind the City and an authorized representative of Contractor’s surety or sureties. Any such purported assignment or delegation without such written approval on behalf of the City and the Contractor’s sureties will be void and a material breach of this agreement subject to all available remedies under this Agreement and at law and equity.
11. CERTIFICATION RE CONTRACTOR’S LICENSE. By signing this Agreement the Contractor certifies that the Contractor holds a valid Type A license issued by the California State Contractors Licensing Board, and that the Contractor understands that failure to maintain its license in good standing throughout the performance of the Work Exhibit B Agenda Report Page 9
may result in discipline and/or other penalties pursuant to the California Business and Professions Code, and may constitute a material breach of this Agreement subject to all available remedies under this agreement and at law and equity.
12. SEVERABILITY. If any term or provision or portion of a term or provision of this Agreement is declared invalid or unenforceable by any court of lawful jurisdiction, then the remaining terms and provisions or portions of terms or provisions will not be affected thereby and will remain in full force and effect.
13. DEFINITIONS. All words as used in the Agreement shall be subject to the Definitions set forth in Section 1 of the General Provisions of the Notice to Contractors, Special Provisions, Proposal and Contract for the 2022 Striping Project.
IN WITNESS WHEREOF, the parties have executed this Contract at Piedmont, California, the day and year first above written.
CITY OF PIEDMONT Name of Contractor
_______________________ _____________________________
By: Jen Cavenaugh, Mayor Name of Signatory & Title
Attest:
__________________________________
John O. Tulloch, City Clerk
Approved as to Form and Legality:
__________________________________
Michelle Marchetta Kenyon, City Attorney
_______________, Assistant City Attorney
Exhibit B Agenda Report Page 10