City of Piedmont
COUNCIL AGENDA REPORT
DATE: July 7, 2025
TO: Mayor and Council
FROM: Rosanna Bayon Moore, City Administrator
SUBJECT: Consideration of the Award of a Contract for the Sanitary Sewer and Storm Drain Improvement Project to John Boylan Engineering, Inc. in the Amount of $574,553, Approval of an Overall Construction Budget of $632,008, and a Finding that the Project is Categorically Exempt Under the California Environmental Quality Act (Section 15301)
RECOMMENDATION
By a single motion, take the following actions regarding the Sanitary Sewer and Storm Drain Improvement Project:
1. Approve the award of the Contract for the Sanitary Sewer and Storm Drain Improvement Project to John Boylan Engineering, Inc. based on their submitted bid of $574,553;
2. Approve the overall Estimated Construction Budget of $632,008, which includes the construction cost and a 10% contingency;
3. Finding the project to be exempt under the California Environmental Quality Act Guideline 15301(b);
4. Authorize the City Administrator to execute project related documents.
BACKGROUND
Over the past several years, critical storm drain and sewer system improvements have been identified by staff. These improvements have been grouped together for cost efficiency and bundled as a single capital project for bidding purposes.
Storm Drain Improvements
Based on observed stormwater ponding, excessive overland flows, and/or ineffective inlet capture, design of storm drain repairs at six different locations commenced at the end of 2024. The locations include:
• Monticello Ave. - near 10 Monticello Ave.
• Artuna Ave. - at the northeasterly end of the cul-de-sac • St. James Dr. – 2 locations - near 99 and 150 St. James Dr. • Dracena Ave. - near 132 Dracena Ave.
• Park Way at Monticello Ave.
• Oakland Ave. – fronting 1324 Oakland Ave.
The storm drain improvements involve replacing the existing drainage inlets with larger City Standard curb inlets, and/or upsizing sections of storm drain pipe. In the area of Artuna Avenue, the improvements involve installation of trench drains at two locations along the Dracena Park trail to increase the volume captured before it reaches the cul-de-sac at Artuna Ave.
Additionally, improvements are proposed that will increase the capacity of the storm drain system and mitigate flooding in the vicinity of 64 Sharon Avenue. Improvements in this area include installation of approximately 500 lineal feet of new 12-inch storm drain pipe along Mountain Ave and Sharon Avenue, as well as associated maintenance holes. The existing 10-inch storm drain that runs along the south side of Sharon Avenue will be abandoned in place.
Sewer System Improvements
Based on observations by staff, or by studies conducted by East Bay Municipal Utility District (on behalf of the City), twenty sewer maintenance holes have been identified as being in need of rehabilitation, replacement, or elimination. These maintenance holes have been identified as having leaks that allow groundwater into the sanitary sewer system, or in need of elimination due to inaccessibility. The list of these maintenance holes and proposed treatment are as follows:
• 7 Maxwelton (maintenance hole ID# MH405-61) – replace • 4 Cavanaugh Court (sewer maintenance hole ID# MH310-48) – replace • 4 Cavanaugh Court (storm drain maintenance hole ID#316-40) – rehabilitate • 10 Calvert Court (sewer maintenance hole ID# 343-34) – rehabilitate • 340 Hampton Road (sewer maintenance hole ID#340-27) - rehabilitate • 501 Hampton Triangle (sewer maintenance hole ID# MH352-10) – rehabilitate • 50 Inverleith (sewer maintenance hole ID# MH352-21) - replace • 37 Dudley (no sewer maintenance hole number but maintenance hole is reportedly buried) - eliminate
• 99 Fairview Ave. (sewer maintenance hole ID#432-04) – rehabilitate • 20 Keefer Ct. (sewer maintenance hole ID#432-16) – rehabilitate • 124 Magnolia Ave. (sewer maintenance hole ID#431-2B) – rehabilitate • 301 Hillside Ave. (sewer maintenance hole ID#432-50)
• 238 Palm Drive (sewer maintenance hole ID#431-23) – rehabilitate • 1158 Windsor Ave. (sewer maintenance hole ID#422-01) – rehabilitate • 201 Wildwood Ave. (sewer maintenance hole ID#431-12) – rehabilitate • 126 Caperton Ave. (sewer maintenance hole ID#423-03) – rehabilitate • 6 Littlewood Dr. (sewer maintenance hole ID#343-12) – rehabilitate • 1 Indian Gulch Rd. (sewer maintenance hole ID#341-50) – replace • 3 La Salle Ave. (sewer maintenance hole ID#342-54) – rehabilitate • 136 Sandringham Rd. (sewer maintenance hole ID#316-77) - replace Both the sewer and storm drain improvements mentioned will improve localized stormwater problems, greatly reduce the groundwater inflow and infiltration into the City’s sewer system and maintain compliance with the City’s Consent Decree.
Agenda Report Page 2
Bid documents for the stormwater and sewer system were developed and the project was publicly bid in accordance with City Ordinances and the Public Contract Code. Bids were opened on June 11, 2025. Nine bids were received ranging in price from $574,553 to $1,377,170. The engineer’s estimate for this project was $648,000. The company submitting the low bid is John Boylan Engineering, Inc.
The bid from John Boylan Engineering, Inc. 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. John Boylan Engineering, Inc. has a valid Class A contractor’s license (#1106781) and a valid Department of Industrial Relations registration number (required for public works projects).
Based on the bid from John Boylan Engineering, Inc. being both complete and responsive, staff is recommending award of the Sanitary Sewer and Storm Drain Improvement Project to John Boylan Engineering, Inc.
SCHEDULE OF CONSTRUCTION
If this contract is awarded at this Council meeting, it is anticipated that the work will begin in August.
The contract documents allow for 70 working days (14 weeks) to complete the work. Accordingly, the project should be completed in the middle of November, weather permitting.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines section 15301(b), which applies to the repair and maintenance of existing utilities (sewer) that involve negligible or no expansion of use. Because the project concerns the repair of existing public facilities, this project is exempt under Section 15301(b).
FISCAL CONSIDERATIONS
Based on the recommended award amount, staff is proposing the following overall budget:
Construction $ 574,553
Construction Contingency (10%) $ 57,455
Total Estimated Project Construction Budget $ 632,008
Funding for the project will come from the Sewer Fund (GL#124-0429-035-000) and the Facilities Capital Fund – Storm Drain Capital Projects (GL#112-0489-049-000). There is $662,500 budgeted for this project in fiscal year 2025-2026.
CITY ATTORNEY REVIEW
The City Attorney has reviewed the staff report and the Agreement.
By: Daniel Gonzales, Public Works Director
John Wanger, City Engineer
Agenda Report Page 3
DISCUSSION
Attachments:
A. Agreement
Agenda Report Page 4
AGREEMENT
The City of Piedmont, a California Municipal Corporation (“City”) enters into this Agreement, dated July 7, 2025, with John Boylan Engineering, Inc. (“Contractor”).
RECITALS
A. NOTICE INVITING BIDS. The City gave notice inviting bids to be submitted by 2:00 p.m., June 12th, 2025, for the 2024 Storm Drain and Sewer Rehabilitation Project by soliciting bids in accordance with the City of Piedmont City Code and other applicable law.
B. BID OPENING. On June 12th, 2025 at 2:00 p.m., City representatives opened the bids for the 2024 Storm Drain and Sewer Rehabilitation Project and read the bids aloud.
C. PROJECT AWARD. On July 7, 2025, the City Council awarded the 2024 Storm Drain and Sewer Rehabilitation 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 2024 Storm Drain and Sewer Rehabilitation Project (“Work”) as shown in the Technical Specifications and Project Plans in accordance with the Contract Documents and applicable law.
2. LOCATION OF WORK. Where affected storm drain or sewer features can be found along:
• Artuna Avenue
• Calvert Court
• Caperton Avenue
• Cavanaugh Court
• Dracena Avenue
• Dudley Avenue
• Fairview Avenue
• Hampton Road
• Hillside Avenue
• Indian Gulch Road
• Inverleith Terrace
• Keefer Court
• La Salle Avenue
• Littlewood Drive
• Magnolia Avenue
• Maxwelton Road
• Mountain Avenue
• Oakland Avenue
• Palm Drive
• Park Way
• Sandringham Road
• Sharon Avenue
• St. James Drive
• Wildwood Avenue
• Windsor Avenue
Attachment A Agenda Report Page 5
Work will be along portions of the roads listed above in Piedmont, California.
3. TIME FOR COMPLETION. The Contractor must complete the Work in accordance with the Contract Documents within seventy (70) 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 $3,200 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 $574,553.00 (the “Contract Price”) as specified in the Contractor’s completed Bid Schedule dated June 11, 2025, 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.
Attachment A Agenda Report Page 6
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.
7.17 Change Order Form.
Attachment A Agenda Report Page 7
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 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 Attachment A Agenda Report Page 8
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 2024 Storm Drain and Sewer Rehabilitation Project.
IN WITNESS WHEREOF, the parties have executed this Contract at Piedmont, California, the day and year first above written.
CITY OF PIEDMONT John Boylan Engineering, Inc.
____________________________ _____________________________ By: Rosanna Bayon Moore,
City Administrator John Boylan, President
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 9