City of Piedmont
COUNCIL AGENDA REPORT
DATE: April 20, 2026
TO: Mayor and Council
FROM: Rosanna Bayon Moore, City Administrator
SUBJECT: Consideration of the Award of a Contract for the Annual Sidewalk Repair Program FY25-26 to FJ&I Engineering, Inc. in the Amount of $368,053, Approval of an Overall Construction Budget of $404,858, 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 Annual Sidewalk Repair Program FY25- 26:
1. Approve the award of Contract for the Annual Sidewalk Repair Program FY25-26 to FJ&I Engineering, Inc. based on their submitted bid of $368,053 (overall amount included Base Bid, Bid Alt. No. 1, and Bid Alt. No. 2).
2. Approve the overall Estimated Construction Budget of $404,858, which includes the construction cost and a 10% contingency.
3. Find the project to be exempt under the California Environmental Quality Act Guideline 15301(c).
BACKGROUND
In an ongoing effort to improve sidewalks in the City by correcting deficiencies, staff identified 181 locations totaling approximately 2,200 linear feet of sidewalk to be included with this year’s sidewalk repair program. The sidewalk slated for repair is on several streets throughout the City. Locations of the repairs are shown on the list attached to this staff report.
DISCUSSION
Bid documents were developed and the project was publicly bid in accordance with City Ordinances and the Public Contract Code. Bids were opened on March 13, 2026. Eleven bids were received with base bids ranging in price from $195,687 to $522,295. The engineer’s estimate for this project was $396,790.
The company submitting the lowest base bid was Bosco Construction Services, Inc. in the amount of $195,687. On March 16th, Bosco Construction Services, Inc. submitted a formal request to withdraw their bid pursuant to provisions of the California Public Contract Code. Bosco Construction Services stated that the bid withdraw request was due to mathematical errors associated with the unit costs for the contract sidewalk and driveway pay items of the contract.
As required by the Public Contract Code, staff proceeded with the second lowest responsible and responsive bid received from FJ&I Engineering, Inc. in the amount of $280,333. All information submitted when the bid was submitted from FJ&I Engineering, Inc. has been checked and is responsive to the requirements of the bid documents. FJ&I Engineering, Inc. has a valid Class A contractor’s license (#1040314) and has a valid Department of Industrial Relations registration number as required for public works projects.
Based on the bid from FJ&I Engineering, Inc. being both complete and responsive, staff is recommending award of the 2025-2026 Annual Sidewalk Repair Program to FJ&I Engineering, Inc.
Due to the bid prices received and the budgeted amount for this project, staff is recommending including Bid Alternates 1 (an additional $41,480) and 2 (an additional $46,240) in the overall award amount for this project. The addition of these bid alternates allows an additional 1,458 square feet of sidewalk and 410 square feed of driveway aprons to be replaced, while still staying within the allocated budget for this project. In total, staff recommends awarding an overall project amount of $368,053 to FJ&I Construction, Inc.
SCHEDULE OF CONSTRUCTION
If this contract is awarded at this Council meeting, it is anticipated that the work will begin in May. The contract documents allow for 70 working days (14 weeks) to complete the work. Subject to adjustments due to weather, the project should be completed by late summer.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines section 15301, which applies to the repair and maintenance of existing public facilities that involve negligible or no expansion of use. Section 15301(c) specifically references sidewalks. Because the project concerns the repair of existing sidewalks, this project is therefore exempt under Section 15301.
FISCAL IMPACTS
Based on the recommended award amount, staff is proposing the following overall budget:
Construction $ 368,053
Construction Contingency (10%) $ 36,805
Total Estimated Project Construction Budget $ 404,858
Funding for the project will come from the Sidewalk Replacement Project. A total of $650,000 was budgeted for this project in Fiscal Year 2025-2026 in the Facilities Maintenance Fund and adequate funding remains available.
CITY ATTORNEY REVIEW
Agenda Report Page 2
The City Attorney has reviewed the staff report and the Agreement.
By: Daniel Gonzales, Public Works Director
Steven Van Saun, City Engineer
Attachments:
A. Sidewalk Replacement Locations
B. Agreement
Agenda Report Page 3
SIDEWALK REPLACEMENT LOCATIONS
Based Bid
Address Sidewalk
(SF)
Driveway
(SF) Address Sidewalk (SF)
Driveway
(SF)
1 OLIVE AVE 36 20 LORITA AVE 30
30 OLIVE AVE 34 41 ARTUNA AVE 48
136 OLIVE AVE 75 7 ESTRELLA AVE 115
135 SUNNYSIDE AVE 50 304 RAMONA AVE 32.5
45 LAKE AVE 7.5 101 HILLSIDE AVE 130
52 NACE AV 45 116 DRACENA AVE 92.5
952 KINGSTON AVE 40 156 DRACENA AVE 40
29 CAMBRIDGE WAY 60 145 HILLSIDE AVE 90
81 CAMBRIDGE WAY 50 217 BONITA AVE 87.5
1609 Grand Ave 75 15 MONTE AVE 83.25
217 GREENBANK AVE 25 110 MESA AVE 28
10 JEROME AVE 87.5 309 PALA AVE 120
125 RICARDO AVE 50 11 PALA AVE 16.25
105 RAMONA AVE 110 22 PALA AVE 32
1317 OAKLAND AVE 15 112 PALA AVE 136.5
126 LATHAM ST 115 506 BLAIR AVE 106.25
124 MORAGA AVE 72.5 509 BLAIR AVE 132
140 RONADA AVE 72.5 547 BLAIR AVE 45
107 MONTICELLO AVE 55 121 SCENIC AVE 112.5
104 MONTICELLO AVE 50 304 SCENIC AVE 33
15 ALTA AVE 30 646 BLAIR AVE 36
Attachment A Agenda Report Page 4
3 CRAIG AVE 85 1 SOTELO AVE 80
28 CRAIG AVE 55 60 CREST RD 40.5
27 PIEDMONT CT 22.5 12.5 535 HAMPTON RD 105
18 DORMIDERA AVE 20 511 HAMPTON RD 37.5
121 HAGAR AVE 32.5 54 INVERLEITH TER 97.5
33 RICHARDSON WAY 22 160 ESTATES DR 52.5
120 REQUA RD 230 55 SELBORNE DR 25
168 OAK RD 7.5 11 CAVANAUGH CT 65
22 PORTSMOUTH RD 262.5 42 LA SALLE AVE 50
67 PROSPECT RD 50 270 CROCKER AVE 108
88 PORTSMOUTH RD 62.5 215 LA SALLE AVE 140
84 PORTSMOUTH RD 50 15 MUIR AVE 57.5
1116 RANLEIGH WAY 25 325 HAMPTON RD 30
1135 WINSOR AVE 40 778 Kingston Ave 60
101 PALM DR 42.5 920 Kingston Ave 90
123 WILDWOOD AVE 915 Kingston Ave 82.5
36 WILDWOOD AVE 70 959 Kingston Ave 12.5 12.5
101 NOVA DR 42 961 Kingston Ave 12.5 25
68 FAIRVIEW AVE 12 935 Rose Ave 30 168
78 FAIRVIEW AVE 10 939 Rose Ave 48
310 MAGNOLIA AVE 127.5 957 Rose Ave 36
362 MAGNOLIA AVE 25 938 Rose Ave 22.5 22.5
21 GLEN ALPINE RD 12.5 954 Rose Ave 12.5
Attachment A Agenda Report Page 5
964 Rose Ave 62.5 23 Fairview Ave 40
1045 Rose Ave 45 75 31 Fairview Ave 12.5
1 Greenbank Ave 155 82 Fairview Ave 100
1014 Rose Ave 45 100 Fairview Ave 25
1685 Grand Ave 27.5 121 Fairview Ave 25
1679 Grand Ave 50 40 Arbor Dr 65
1649 Grand Ave 117.5 113 Nova Dr 105
1613 Grand Ave 90 129 Arbor Dr 25
1617 Grand Ave 50 106 Magnolia Ave 92.5
55 Cambridge Way 155 90 300 Magnolia Ave 25
21 Cambridge Way 148.5 310 Magnolia Ave 125
25 Cambridge Way 75 531 Magnolia Ave 92.5
27 Cambridge Way 60 175 Mountain Ave 80 37.5
10 Cambridge Way 85 50 6 Pacific Ave 194
1521 Grand Ave 78 25 Pacific Ave 105
1508 Grand Ave 186 21 411 El Cerrito Ave 40
93 Cambridge Way 12.5 Hillside Ave 25
129 York Dr 115 1 Alta Ave 72
134 York Dr 37.5 1683 Grand Ave 25
1300 Grand Ave 36 1657 Grand Ave 25
1511 Grand Ave 36 334 Howard Ave 12 30
11 Fairview Ave 50 50 Arbor Dr 12.5
17 Fairview Ave 12.5 62.5 431 Moraga Ave 30 LF
(C&G)
Attachment A Agenda Report Page 6
Bid Alternate No. 1
930 Rose Ave 20 156 Dale Ave 50
938 Rose Ave 20
933 Rose Ave 63
931 Kingston Ave 15
969 Kingston Ave 60
17 Cambridge 30
31 Cambridge 80
36 Cambridge 25
1417 Grand Ave 36
1338 Grand Ave 63
1346 Grand Ave 30
1331 Grand Ave 17.5
8 Fairview Ave 25
16 Fairview Ave 65
24 Fairview Ave 12.5
26 Fairview Ave 25
39 Fairview Ave 25
90 Nova Dr 78
105 Fairview Ave 12.5
115 Fairview Ave 25
111 Dale Ave 35
150 Dale Ave 75
Attachment A Agenda Report Page 7
Bid Alternate No. 2
156 Dale Ave 0 50 136 Magnolia Ave 12.5 40
156 Nova Dr 15 965 Kingston Ave 15
129 Nova Dr 0 42.5
150 Arbor Dr 25
135 Arbor Dr 30
142 Arbor Dr 30
121 Arbor Dr 37.5
128 Arbor Dr 25
105 Magnolia Ave 25
130 Magnolia Ave 25
144 Magnolia Ave 17.5
100 Cambridge Way 25
110 Cambridge Way 50
118 Cambridge Way 37.5
225 Ricardo 12.5
340 El Cerrito 57.5
400 Jerome Ave 67.5
15 Pacific Ave 55
26 Pacific Ave 30
129 Arbor Dr 115
108 Arbor Dr 45
98 Nova Dr 35
Attachment A Agenda Report Page 8
AGREEMENT
The City of Piedmont, a California Municipal Corporation (“City”) enters into this Agreement, dated April 20, 2026, with FJ&I Engineering, Inc.(“Contractor”).
RECITALS
A. NOTICE INVITING BIDS. The City gave notice inviting bids to be submitted by 1:30 p.m., March 13, 2026 for the Annual Sidewalk Repair Program FY2025-2026 Project by soliciting bids in accordance with the City of Piedmont City Code and other applicable law.
B. BID OPENING. On March 13, 2026 at 2:00 p.m., City representatives opened the bids for the Annual Sidewalk Repair Program FY2025-2026 Project and read the bids aloud.
C. PROJECT AWARD. On April 20, 2026, the City Council awarded the Annual Sidewalk Repair Program FY2025-2026 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 Annual Sidewalk Repair Program FY2025-2026 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 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 Attachment B Agenda Report Page 9
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 $368,053.00 (the “Contract Price”) as specified in the Contractor’s completed Bid Schedule dated March 13, 2026, 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.
Attachment B Agenda Report Page 10
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.
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.
Attachment B Agenda Report Page 11
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 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 Attachment B Agenda Report Page 12
Provisions, Proposal and Contract for the Annual Sidewalk Repair Program 2025-2026 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: Rosanna Bayon Moore, City Administrator Name of Signatory & Title Attest:
City Clerk
Approved as to Form and Legality:
Deepa Sharma, City Attorney
Attachment B Agenda Report Page 13