City of Piedmont
COUNCIL AGENDA REPORT
DATE: June 3, 2024
TO: Mayor and Council
FROM: Rosanna Bayon Moore, City Administrator
SUBJECT: Consideration of the Award of a Contract for the Piedmont Park Bridge Replacement Project to GSW Construction in the Amount of $189,025, Approval of an Overall Construction Budget of $207,928, and a Finding that the Project is Categorically Exempt Under CEQA Section 15301
RECOMMENDATION
By a single motion, take the following actions regarding the Piedmont Park Bridge Replacement Project:
1. Approve the award of the Contract for the Piedmont Park Bridge Replacement Project to GSW Construction based on their submitted bid of $189,025.
2. Approve the Overall Estimated Construction Budget of $207,928, which includes the construction cost and a 10% contingency.
3. Find the project to be exempt under the California Environmental Quality Act (CEQA) Guideline 15301(c).
4. Authorize the City Administrator to execute project related documents.
BACKGROUND
At the beginning of 2023 the pedestrian bridge at the southwesterly portion of Piedmont Park partially failed when the protective railings collapsed due to rotten wood. As a safety measure, temporary railings were constructed. As the existing bridge is aged and beyond reasonable repair, staff began the process of designing the replacement of the bridge. Construction drawings were completed in late October 2023. At that time, the estimated cost of the bridge replacement was approximately $157,000.
In accordance with both City and State requirements, the project was circulated for bids in November 2023. Bids were opened on December 8, 2023 and the low bid was received from Bay Construction and found to be acceptable. However, within five calendar days, Bay Construction provided the City with formal notification of a material mistake and the withdrawal of their bid.
A review of the remaining bids submitted concluded that the second and third lowest bidders had mathematical mistakes in their bids. Per evaluation guidelines contained in the bid documents, the second and third lowest bids were determined to be excessively high. The fourth bid by Corcus Construction in the amount of $296,600 was subsequently evaluated. Due to the cost substantially exceeding the project estimate cost, staff recommended and the City Council acted to reject the bids on January 16, 2024 and staff were also authorized to modify the bid documents and re-bid the project.
DISCUSSION
Revised construction documents were prepared and in April 2024 the project was publicly re-bid in accordance with City Ordinances and the Public Contract Code. Bids were opened on May 23, 2024. Five bids were received ranging in price from $189,025 to $283,250 and are presented in the below table:
Bidder Name Bid Amount
Zara Construction $ 212,625
GSW Construction $ 189,025
North Bay Excavation $ 283,250
Kerex Engineering $ 279,750
Bay Construction $ 255,150
The updated engineer’s estimate for this project is $172,000. The company submitting the low bid is GSW Construction. The bid from GSW Construction 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. GSW Construction has a valid Class A contractor’s license and a valid Department of Industrial Relations registration number (required for public works projects), as do the proposed subcontractors for the project.
Based on the bid from GSW Construction being both complete and responsive, staff is recommending award of the Piedmont Park Bridge Replacement Project to GSW Construction.
SCHEDULE OF CONSTRUCTION
If this contract is awarded at this City Council meeting, it is anticipated that a preconstruction meeting will be held with the contractor in early July. The fabrication schedule for the bridge will guide the project schedule, but it is staff’s hope that construction will commence in summer and be completed within a few months. The contract documents allow for 120 working days (24 weeks) to complete the work.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15301, which applies to the “operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use,” and cites “existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities. Because this project involves the replacement of an existing facility, and involving no expansion of capacity, Section 15301 applies.
Agenda Report Page 2
FISCAL IMPACT
Based on the recommended award amount, staff is proposing the following budget:
Construction $ 189,025
Construction Contingency (10%) $ 18,903
Total Estimated Project Construction Budget $ 207,928
Funding for the project is included in the Proposed FY 2024-25 budget. The funding breakdown is:
Prop 68 Funds $ 119,000
Facilities Capital Funds (#112) $ 88,928
Total Estimated Project Construction Budget $ 207,928
CITY ATTORNEY REVIEW
The City Attorney has reviewed the Staff Report and Agreement.
By: Daniel Gonzales, Public Works Director
Attachments:
A. Agreement
Agenda Report Page 3
AGREEMENT
The City of Piedmont, a California Municipal Corporation (“City”) enters into this Agreement, dated June 3, 2024, with GSW Construction (“Contractor”).
RECITALS
A. NOTICE INVITING BIDS. The City gave notice inviting bids to be submitted by 2:00 p.m., May 23, 2024, for the Piedmont Park Bridge Replacement Project by soliciting bids in accordance with the City of Piedmont City Code and other applicable law.
B. BID OPENING. On May 23, 2024, at 2:30 p.m., City representatives opened the bids for the Piedmont Park Bridge Replacement Project and read the bids aloud.
C. PROJECT AWARD. On June 3, 2024, the City Council awarded the Park Bridge Replacement 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 Piedmont Park Bridge Replacement 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: 403 Highland Ave, in Piedmont, California
3. TIME FOR COMPLETION. The Contractor must complete the Work in accordance with the Contract Documents within one hundred seventy five (120) 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 $2,900 per day in accordance with California Government Code Section 53069.85 and Section 5-1.02 of the General Provisions, and/or Attachment A Agenda Report Page 4
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 $189,025.00 (the “Contract Price”) as specified in the Contractor’s completed Bid Schedule dated May 23, 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, Attachment A Agenda Report Page 5
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.
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 Attachment A Agenda Report Page 6
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 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 Piedmont Park Pedestrian Bridge Replacement Project.
IN WITNESS WHEREOF, the parties have executed this Contract at Piedmont, California, the day and year first above written.
CITY OF PIEDMONT GSW Construction
______________________________ _____________________________ By: Rosanna Bayon Moore, City Administrator Jeffrey Ward, President Attachment A Agenda Report Page 7
Attest:
__________________________________
Anna Brown, City Clerk
Approved as to Form and Legality:
__________________________________
Michelle Marchetta Kenyon, City Attorney
Deepa Sharma, Assistant City Attorney
Attachment A Agenda Report Page 8