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 Truss Pipe Sewer Rehabilitation Project to WestRock Engineering in the Amount of $1,233,150, Approval of an Overall Construction Budget of $1,356,465, and a Finding that the Project is Categorically Exempt Under CEQA Section 15301(b)
RECOMMENDATION
By a single motion, take the following actions regarding the Truss Pipe Sewer Rehabilitation Project:
1. Approve the award of the Contract for the Truss Pipe Sewer Rehabilitation Project to WestRock Engineering based on their submitted bid of $1,233,150;
2. Approve the overall Estimated Construction Budget of $1,356,465, 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 Class 1 (b);
4. Authorize the City Administrator to execute project related documents.
BACKGROUND
The City has undertaken rehabilitation of much of the City’s sewer collection system in response to the Consent Decree that the City entered into with the Environmental Protection Agency (EPA). The Consent Decree requires the City to regularly rehabilitate sewer pipelines while implementing a program to reduce sanitary sewer overflows and eliminate inflow and infiltration of groundwater into the City’s sewer collection system.
As part of those efforts, the City has recently completed design to rehabilitate approximately 3,000 feet of truss pipe sewer line. Construction documents were advertised for public bid in May, with bids opening on June 26, 2025.
DISCUSSION
The project consists of rehabilitating several different segments of truss pipe on the eastern and northern portions of the City. The truss pipe segments to be rehabilitated are shown in the following location map:
Agenda Report Page 2
Truss pipes are unlike vitrified clay pipe or PVC pipe in that they are steel reinforced and therefore not candidate for pipe bursting (the method used for rehabilitation of much of the City’s sewer collection system over the last decade). The work associated with rehabilitating truss pipe will be mainly through lining the pipe with a cured-in-place pipe liner that will be inserted into the existing pipe. This method allows the work to be done without extensive excavation and provides for a new solid lining that will last for decades.
Much of the rehabilitation work is within easements running through private property backyards. Public outreach letters have been sent to all properties where work will take place.
Staff anticipate that this work will require access through private properties. For those specific properties where access points may be needed, specific letters with a Right-of-Entry document have been sent to the individual property owners outlining what is requested. The contract documents hold the contractor responsible for repair and/or replacement of any private property damage that may occur due to their operations.
Final construction documents were completed and the project was publicly bid in accordance with City Ordinances and the Public Contract Code. Bids were opened on June 26, 2025. Two bids were received and are presented in the below table:
Bidder Name Bid Amount
WestRock Engineering $ 1,233,150
Koios Engineering Inc. $ 1,478,210
The engineer’s estimate for this project was $1,208,400. The company submitting the low bid is WestRock Engineering. The bid from WestRock Engineering has been checked and found to be mathematically correct, and the bid was responsive to all requirements of the bid documents. WestRock Engineering has a valid Class A contractor’s license (#1117703) and a valid Department of Industrial Relations registration number (required for public works projects).
Based on the bid from WestRock Engineering being both complete and responsive, staff recommend award of the Truss Pipe Sewer Rehabilitation Project to WestRock Engineering.
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 ninety (80) working days (16 weeks) to complete the work. Accordingly, the project should be completed at the end of November, weather permitting.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Class 1 15301(b), which applies to repair or rehabilitation of existing facilities of both investor and publicly owned utilities used to provide electric power, natural gas, sewerage, or other public utility services; and the repair of existing sewer facilities.
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FISCAL IMPACT
Based on the recommended award amount, staff is proposing the following overall budget:
Construction $ 1,233,150
Construction Contingency (10%) $ 123,315
Total Estimated Project Construction Budget $ 1,356,465 The source of funding for the project is the Sewer Fund. There is $950,000 budgeted for this project in fiscal year 2025-2026 and adequate funding remains available to allocate to this project.
CITY ATTORNEY REVIEW
The City Attorney has reviewed the staff report and the Agreement.
By: Daniel Gonzales, Public Works Director
John Wanger, City Engineer
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 WestRock Engineering (“Contractor”).
RECITALS
A. NOTICE INVITING BIDS. The City gave notice inviting bids to be submitted by 2:00 p.m., June 26, 2025, for the Truss Pipe Sewer Rehabilitation Project by soliciting bids in accordance with the City of Piedmont City Code and other applicable law.
B. BID OPENING. On June 26, 2025, at 2:00 p.m., City representatives opened the bids for the Project Name Project and read the bids aloud.
C. PROJECT AWARD. On July 7, 2025, the City Council awarded the Truss Pipe 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 Truss Pipe 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. The Work will be performed at the following location:
Various streets and easements in Piedmont, California
3. TIME FOR COMPLETION. The Contractor must complete the Work in accordance with the Contract Documents within eighty (80) 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 $4,200 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 Attachment A Agenda Report Page 5
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 $1,233,150.00 (the “Contract Price”) as specified in the Contractor’s completed Bid Schedule dated June 26, 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.
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 6
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 7
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 Truss Pipe 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 WestRock Engineering
___________________________ _____________________________ By: Rosanna Bayon Moore,
City Administrator Name of Signatory & Title
Attest:
Attachment A Agenda Report Page 8
__________________________________
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