City of Piedmont
COUNCIL AGENDA REPORT
DATE: February 20, 2024
TO: Mayor and Council
FROM: Rosanna Bayon Moore, City Administrator
SUBJECT: Consideration of the Award of a Contract for the Crocker Park Pathway Renovation Project to South Bay Grading in the Amount of $128,370, Approval of an Overall Construction Budget of $141,207, and a Finding that the Project is Categorically Exempt Under the California Environmental Quality Act
RECOMMENDATION
By a single motion, take the following actions regarding the Crocker Park Pathway Renovation Project:
1. Approve the award of the contract for the Crocker Park Pathway Renovation Project to South Bay Grading based on their submitted bid of $128,370.
2. Approve the Overall Estimated Construction Budget of $141,207, which includes the construction cost and a 10% contingency.
3. Find the project exempt under California Environmental Quality Act (CEQA) Guideline Section 15301 (c).
4. Authorize the City Administrator to execute project related documents.
BACKGROUND
Several portions of the existing pathways in Crocker Park have been determined to be in substandard condition and have been scheduled for replacement. In addition, City staff has developed plans to provide an ADA accessible path from King Avenue to the easterly portion of the park. Plans were posted in the park and public notification was provided to residents within a 500-foot radius of the park. The plans were reviewed at the Park Commission in summer 2023, and based on feedback received, plans were modified and presented to the Park Commission in the fall of 2023.
DISCUSSION
Based on approvals of the final pathway alignment from the Parks Commission, construction documents were prepared, and the project was publicly bid in accordance with City Ordinances and the Public Contract Code. Bids were opened on February 8, 2024. Sixteen bids were received ranging in price from $128,370 to $287,555. The engineer’s estimate for this project was $215,000. The company submitting the low bid is South Bay Grading.
Agenda Report Page 2
The bid from South Bay Grading was reviewed and determined to be mathematically correct.
The information submitted is responsive to the requirements of the bid documents. South Bay Grading possesses a valid Class A contractor’s license and Department of Industrial Relations registration number (required for public works projects), as do the proposed subcontractors for the project.
Based on the bid from South Bay Grading being both complete and responsive, staff is recommending award of the Crocker Park Pathway Renovation Project to South Bay Grading.
SCHEDULE OF CONSTRUCTION
If this contract is awarded at this Council meeting, it is anticipated that the work will begin in late March, weather dependent. The contract documents allow for 30 working days (6 weeks) to complete the work. Subject to adjustments due to weather, the project is anticipated for completion by May of 2024.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines section 15301 (c), which applies to “Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety, and other alterations such as the addition of bicycle facilities, including but not limited to bicycle parking, bicycle-share facilities and bicycle lanes, transit improvements such as bus lanes, pedestrian crossings, street trees, and other similar alterations that do not create additional automobile lanes).” This exemption applies because this project replaces existing pathways. Accordingly, the project involves minor alterations to existing public facilities.
FISCAL IMPACT
Based on the recommended award amount, staff is proposing the following overall budget:
Construction $ 128,370
Construction Contingency (10%) $ 12,837
Total Estimated Project Construction Budget $ 141,207
Funding for the project will come entirely from the Facilities Capital Fund. The Approved Budget for Fiscal Year 2023-24 included $150,000 for this project .
CITY ATTORNEY REVIEW
The City Attorney has reviewed the Staff Report and Agreement.
By: Daniel Gonzales, Public Works Director
Attachments:
A. Agreement
ATTACHMENT A
AGREEMENT
The City of Piedmont, a California Municipal Corporation (“City”) enters into this Agreement, dated February 20, 2024, with South Bay Grading (“Contractor”).
RECITALS
A. NOTICE INVITING BIDS. The City gave notice inviting bids to be submitted by 2:00 p.m., February 8, 2024, for the Crocker Park Pathway Renovation Project by soliciting bids in accordance with the City of Piedmont City Code and other applicable law.
B. BID OPENING. On February 8, 2024, at 2:30 p.m., City representatives opened the bids for the Crocker Park Pathway Renovation Project and read the bids aloud.
C. PROJECT AWARD. On February 20, 2024,, the City Council awarded the Crocker Park Pathway Renovation Project to the Contractor and directed City staff to send the Contractor 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 Crocker Park Pathway Renovation 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 location:
Crocker Park in Piedmont, California
3. TIME FOR COMPLETION. The Contractor must complete the Work in accordance with the Contract Documents within thirty (30) working days from the date specified in the City’s Notice to Proceed (“Time for Completion”).
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 $2,800 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 Attachment A Agenda Report Page 3
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 $128,370 (the “Contract Price”) as specified in the Contractor’s completed Bid Schedule dated February 8, 2024, 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.
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.
Attachment A Agenda Report Page 4
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.
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 Attachment A Agenda Report Page 5
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 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 Crocker Park Pathway Renovation Project.
IN WITNESS WHEREOF, the parties have executed this Contract at Piedmont, California, the day and year first above written.
Attachment A Agenda Report Page 6
CITY OF PIEDMONT South Bay Grading
_______________________ _____________________________
Rosanna Bayon Moore Name of Signatory & Title
City Administrator
Attest:
__________________________________
Anna Brown, City Clerk
Approved as to Form:
__________________________________
Michelle Marchetta Kenyon, City Attorney
Deepa Sharma, Assistant City Attorney
Attachment A Agenda Report Page 7