CAP2404.SR.JD
CITY OF SIMI VALLEY
MEMORANDUM
F
ebruary 12, 2024
TO: City Council
FR
OM: Department of Public Works
S
UBJECT: AWARD OF CONTRACT FOR THE CONSTRUCTION OF FY 202 3-24 MAJOR STREETS REHABILITATION PROGRAM : FIRST STREET
(ENCHANTED WAY TO 900-FEET SOUTH ), CP60000018,
SPECIFICATION NO. SV 23-22
RECOMMENDATION
I
t is recommended that the City Council award the attached contract (page 4 ) to Toro Enterprises, Inc. ( Toro) in the amount of $ 377,746.50 for the construction of the FY 2023-24 Major Streets Rehabilitation Program: First Street (Enchanted Way to 900-Feet South), CP60000018, Specification No. SV 23-22.
BACKGROUND AND OVERVIEW
S
taff recommends that the City Council award a construction contract to Toro Enterprises, Inc. in the amount of $ 377,746.50 for the construction of the FY 2023-24 Major Streets Rehabilitation Program: First Street (Enchanted Way to 900-Feet South), CP60000018, Specification No. SV 23- 22. ( See Vicinity Map , Attachment A, Page 13)
On
December 4, 2023, the Public Works Department solicited construction bids for the project that includes the rehabilitation of First Street (Enchanted Way to 900-Feet South).
Improvements consist of asphalt overlay, replacement of traffic loops, traffic signing and striping, and all appurtenant work in conjunction with street improvements. Of the bids received, the bid from Toro Enterprises, Inc. was the most responsive and cost competitive.
FINDINGS AND ALTERNATIVES
A
Notice Inviting Bids was published in the Ventura County Star and was also submitted to various publications and plan rooms. A Notice was also mailed to the contractors on the City’s contractors’ list, including local contractors, and was posted on the City’s website.
AGENDA ITEM NO.
Consent (3)
CAP2404.SR.JD
On January 23, 2024, the bid opening date, three bids were received, and the results are shown in the table below:
Contractor Bid Amount
Toro Enterprises
Oxnard, CA
$377,746.50
All American Asphalt
Corona, CA
$413,413.00
Onyx Paving Company
Anaheim, CA
$419,800.00
Engineer’s Estimate $500,000.00
Staff reviewed the bid submitted by Toro and determined that the bid was responsive and cost competitive. Based on Toro’s previous work accomplishments, staff believes that Toro possesses the necessary qualifications and experience for the construction of the project, and is considered to be a responsible bidder.
Additionally, construction materials testing will be required during the construction of this project. The City has an annual contract with the firm Twining Laboratories (Twining) for material testing. Staff has negotiated with Twining, to provide these services for the not to exceed amount of $10,000.
On the basis of awarding a construction contract to Toro, the total project cost is estimated as follows:
Construction Bid Amount (Toro) $377,746.50
Soils/Materials Testing (Twining) $10,000.00
Total Project Cost $387,746.50
Sufficient funding is available in the FY 2023-24 Streets and Roads budget.
Based on an award date of February 12, 202 4, construction will start in late March of 2024, and completion of the project is anticipated by late April of 2024.
Traffic control to minimize inconvenience will be monitored closely during construction, and the contractor will be required to maintain sufficient traffic flow, pedestrian access, and access to private properties.
2 CAP2404.SR.JD
The following alternatives are available to the City Council:
1. Award the attached contract to Toro Enterprises, Inc., in the amount of $377,746.50 for the construction of FY 20 23-24 Major Streets Rehabilitation Program: First Street (Enchanted Way to 900- Feet South), CP60000018, Specification No. SV 23-22;
2. Do not award the contract at this time and provide other direction to staff.
Staff recommends Alternative No. 1.
SUGGESTED CITY COUNCIL MOTION
I move to award a contract to Toro Enterprises, Inc. in the amount of $377,746.50 for the construction of the FY 2023- 24 Major Streets Rehabilitation Program: First Street (Enchanted Way to 900-Feet South), CP60000018, Specification No. SV 23-22.
SUMMARY
On December 4, 2023, the Public Works Department solicited bids for the construction of the FY 2023-24 Major Streets Rehabilitation Program: First Street (Enchanted Way to 900-Feet South), CP60000018, Specification No. SV 23-22. On January 23, 2024, Toro Enterprises, Inc. submitted the lowest responsive and responsible bid. Therefore, it is recommended that the City Council award a contract to Toro Enterprises, Inc. in the amount of $377,746.50 for construction of the project.
____________________________________
Ronald K. Fuchiwaki
Public Works Director
Prepared by: Ashique Khandaker, Associate Engineer
INDEX Page
Contract ................................................................................ 4 Attachment A – Vicinity Map .............................................. 13
3 CAP2404.CON.JD
Specification No. SV 23-22
CONTRACT BETWEEN THE CITY OF SIMI VALLEY AND
TORO ENTERPRISES, INC., FOR FY 2023- 24 ANNUAL
MAJOR STREETS REHABILITATION PROGRAM FIRST
STREET (ENCHANTED WAY TO 900 -FEET SOUTH),
CP60000018, SPECIFICATION NO. SV 23-22
THIS CONTRACT is made and entered into in the Ci ty of Simi Valley on this 12
th day of February, 2024, by and between the CITY OF SIMI VALLEY, a municipal corporation, hereinafter referred to as CITY, and TORO CORPORATION, INC., a California corporation, hereinafter referred to as CONTRACT OR, each a “Party” and collectively, “Parties”.
RECITALS
WHEREAS, on December 4, 2023, CITY invited bids for the FY 2023- 24 Annual Major Streets Rehabilitation Program First Street (Enchanted Way to 900- Feet South), CP60000018, per Specification No. SV 23-22; and
WHEREAS, pursuant to said invitation, CONTRACTOR submitted a Proposal which was accepted by CITY for said project.
NOW, THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the Parties hereto agree as follows:
AGREEMENT
1. Recitals
. The foregoing recitals are true and correct and are a part of this CONTRACT.
2. Term. The term of this CONTRACT shall be from the date this CONTRACT is made and entered, as first written above, and shall be completed no later than the 25 consecutive working days after the receipt of the Notice to Proceed and final acceptance of all work by the City.
3. Incorporation By Reference. Public Contract Code Section 22300, Specification No. SV 23-22, consisting of 238 pages and all documents incorporated by reference therein, and the CONTRACTOR'S Bid consisting of the CONTRACTOR’S Proposal Statement, Proposed Schedule of Work and Prices, and Bidder’s Statement of Subcontractors and Material Fabricators, are hereby incorporated by reference and made a part of this CONTRACT.
4 CAP2404.CON.JD
Specification No. SV 23-22
4. Precedence of CONTRACT Documents. If there is a conflict between or among CONTRACT documents, the document highest in precedence shall control. The precedence shall be:
First: This CONTRACT consisting of 8 pages excluding Section 3 Second: Permits from other agencies as may be required by law Third: Special Provisions
Fourth: Bid Terms and Conditions
Fifth: Detailed Plans
Sixth: Standard Plans
Seventh: Standard Specifications Modifications
Eighth: "Standard Specifications for Public Works Construction" (SSPWC)
Ninth: Reference Specifications
Tenth: CONTRACTOR'S Proposal
Change orders, supplemental agreements, and approved revisions to plans and specifications become a part of the First item.
5. Obligations of the CITY
.
A. The CITY shall be obligated to pay CONTRACTOR based
upon the actual City -authorized quantities in place and the unit and/or lump sum prices bid by CONTRACTOR, including but not limited to all labor, materi al and equipment, rather than the CONTRACT bid price.
B. Upon receipt of an invoice for work performed to CITY'S satisfaction, CITY shall make progress payments within thirty (30) days of receipt of invoice. If the work is not performed satisfactorily or the invoice is defective, CITY shall notify CONTRACTOR, in writing, of the reasons within seven (7) days of receipt of invoice.
In no event shall the total amount paid exceed the CONTRACT bid price of $377,746.50 unless otherwise agreed to by the P arties in writing, as required by Section 9 of this CONTRACT. The intent of this Section is to comply with Public Contract Code Section 20104.50.
6. Obligations of the CONTRACTOR
.
A. CONTRACTOR shall perform as required by this
CONTRACT. CONTRACTOR agrees to perform the services more specifically set forth in the “Scope of Work” attached hereto and incorporated herein as Exhibit “A” and as further described in the incorporated documents. CONTRACTOR also warrants on behalf of itself and all subcontractors engaged for the performance of this CONTRACT that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder.
B. CONTRACTOR shall obey all Federal, State, local, and special district laws, ordinances, and regulations.
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Specification No. SV 23-22
C. CONTRACTOR shall abide by the CITY’S Business Tax
Ordinance, of which proof of payment must be obtained prior to performance of this CONTRACT. CONTRACTOR shall maintain a valid Business Tax Certificate for the term of the CONTRACT.
D. Prevailing wage: Pursuant to Labor Code § 1720, and as specified in 8 California Code of Regulations § 16000, CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR’s responsibility to interpret and implement any prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws.
In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY’s Engineering Division or the website for State of California Prevailing wage determination at http://www.dir.ca.gov/DLSR/PWD .
CONTRACTOR must post a copy of the prevailing rate of per diem wages at the job site.
CITY directs CONTRACTOR’s attention to Labor Code §§ 1777.5, 1777.6 and 3098 concerning the employment of apprentices by CONTRACTOR or any subcontractor.
Labor Code § 1777.5 requires CONTRACTOR or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate must also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except:
When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or
When the number of apprentices in training in the area exceeds a ratio of one to five, or
When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally, or
When CONTRACTOR provides evidence that CONTRACTOR employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen.
CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if CONTRACTOR employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions.
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Specification No. SV 23-22
CONTRACTOR and any subcontractor must comply with Labor Code §§ 1777.5 and 1777.6 in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
CONTRACTOR and its subcontractors must keep an accurate certified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with this Agreement. The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Division of Labor Law Enforcement. If requested by CITY, CONTRACTOR must provide copies of the records at its cost.
E. CONTRACTOR and all subcontractors must be registered and remain registered with DIR (Department of Industrial Relations) through the term of the CONTRACT in accordance with the California Labor Code (“Labor Code”), in part icular Labor Code Section 1771.1, and any successor or replacement provision thereto, unless a small project exemption applies ($25,000 for public works or $15,000 for maintenance).
CONTRACTOR further agrees that it will follow all requirements and obligations set forth in Labor Code Section 1776.
7. Audit
.
A. At any time during normal business hours and as often as the CITY may deem necessary, CONTRACTOR shall make available to CITY for inspection its records pertaining to this CONTRACT. CONTRACTOR shall permit CITY to audit, examine and/or reproduce such records. CONTRACTOR will retain such financial records, time sheets, work progress reports, invoices, bills and project records for at least two (2) years after termination or final payment under this CONTRACT. This paragraph shall survive for two (2) years after termination of this CONTRACT.
B. CITY shall have the option of inspecting and/or auditing all records and other written materials used by CONTRACTOR in preparing its statements to CITY as a condition precedent to any payment to CONTRACTOR.
8. Hold Harmless and Indemnification
. CONTRACTOR shall
defend, indemnify, and hold harmless CITY, its agents, officials, officers, representatives, and employees, from and against all claims, lawsuits, liabilities or damages of whatever nature arising out of or in connection with, or relating in any manner to any act or omission of CONTRACTOR, its agents, employees, and subcontractors, and employees thereof, pursuant to the performance or non- performance of this CONTRACT. The CONTRACTOR shall thoroughly investigate any and all claims and indemnify the CITY and do whatever is necessary to protect the CITY, its agents, officials, officers, 7 CAP2404.CON.JD
Specification No. SV 23-22
representatives, and employees as to any such claims, lawsuits, li abilities, expenses, or damages arising out of this CONTRACT. The CITY shall be included as an Additional Insured in the automobile/liability insurance policies and endorsements of the CONTRACTOR. The CONTRACTOR must select an attorney acceptable to the CITY who will defend such proceeding and the CITY will control any litigation thereof. Such approval by the CITY will not be unreasonably withheld. This paragraph shall survive the termination of the CONTRACT.
9. Amendments
. Any amendment, modification, or variation from the
terms of this CONTRACT shall be in writing and shall be effective only upon mutual written approval by the Director of Public Works and CONTRACTOR.
10. Anti-Discrimination. In the performance of the terms of this CONTRACT, CONTRACTOR shall not engage in, nor permit subcontractors to engage in, discrimination in employment of persons because of the age, race, color, religious creed, sex, sexual orientation, national origin, ancestry, physical disability, mental disability, medical condition, or marital status of such persons. Violation of this provision may result in the imposition of penalties referred to in Labor Code Section 1735.
11. Termination. If, during the term of this CONTRACT, CITY determines that CONTRACTOR is not faithfully abiding by any term or condition contained herein, CITY may notify CONTRACTOR in writing of such defect or failure to perform. The notice must give to the CONTRACTOR a ten (10) day period of time thereafter in which to perform said work or cure the deficiency. If CONTRACTOR has not performed the work or cured said deficiency within the ten (10) days specified in the notice, such failure shall constitute a breach of this CONTRACT, and CITY may terminate this CONTRACT immediately by written notice to CONTRACTOR to said effect. Thereafter, neither Party shall have any further duties, obligations, responsibilities, or rights under this CONTRACT except, however, any and all obligations of CONTRACTOR'S surety shall remain in full force and effect and shall not be extinguished, reduced, or in any manner waived by the termination hereof. In said event, CONTRACTOR shall be entitled to the reasonable value of its services performed from the beginning of the period in which the breach occurs up to the day it received CITY'S Notice of Termination, minus any damages, including liquidated damages if so provided herein, occasioned by such breach. CITY reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the CITY'S sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall CONTRACTOR be entitled to receive in excess of the compensation quoted in its bid.
12. Insurance. CONTRACTOR shall, prior to commencing performance hereunder, submit proof of all insurance coverage as required by the Specification or other document incorporated in and made a part of this CONTRACT.
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Specification No. SV 23-22
13. Complete CONTRACT . This CONTRACT shall constitute the complete CONTRACT between the Parties hereto. No verbal agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such verbal agreement, understanding, or representation be binding upon the Parties hereto.
14. Independent Contractor. It is expressly understood between the Parties to this CONTRACT that no employee/employer relationship is intended; CONTRACTOR is an independent contractor.
15. Time of Performance
. Time is of the essence in this CONTRACT.
16. Liquidated Damages. Should the CONTRACTOR fail to complete the project, or any part thereof, in the time agreed upon in the CONTRACT or within such extra time as may have been allowed for delays or extensions granted as provided in the CONTRACT, the CONTRACTOR shall reimburse the CITY for the additional expense and damage for each calendar day that the CONTRACT remains uncompleted after the CONTRACT completion date. It is agreed that the amount of such additional expense and damage incurred by reason of failure to complete the CONTRACT is the per diem rate $1,500 per calendar day. Such amounts are hereby agreed upon as liquidated damages for the loss to the CITY resulting from the failure of the CONTRACTOR to complete the project within the allotted time and to the value of the operation of the works dependent thereon.
It is expressly understood and agreed that this amount is a reasonable amount and is established in lieu of damages which are incapable of calculation at the inception hereof; and this amount is not to be considered in the nature of a penalty. The CITY shall have the right to deduct such damages from any amount due, or that may become due to the CONTRACTOR, or the amount of such damages shall be due and collectible from the CONTRACTOR or the CONTRACTOR'S Surety.
Progress payments made after the scheduled completion date shall not constitute a waiver of liquidated damages.
17. Conflict of Interest
. Neither CONTRACTOR nor any employees,
agents, or subcontractors of CONTRACTOR who will be assigned to this project, to the best of CONTRACTOR'S knowledge, own any property or interest in properties, business relationships, or sources of income which may be affected by the performance of this CONTRACT. Should one P arty hereto learn of any such interest, income source, or business relationship, such fact shall immediately be brought to the attention of the other Party hereto. If the Parties thereupon cannot mutually agree upon a means to eliminate the conflict, CITY may terminate the CONTRACT immediately for non- performance pursuant to Section 11 herein.
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Specification No. SV 23-22
18. Successors and Assigns. The terms hereof shall be binding upon and inure to the benefit of the successors and assigns of the Parties hereto; provided, however, that no Party hereto shall assign any of the benefits and burdens hereunder, whether voluntarily or by operation of law, without the prior written consent of the other Party, and any such assignment without said consent shall be void.
19. Authority to Execute Contract. Both CITY and CONTRACTOR do covenant that each individual executing this CONTRACT on behalf of each Party is a person duly authorized and empowered to execute contracts for such Party.
20. Jurisdiction and Venue . Jurisdiction is in an appropriate c ourt in the State of California and venue lies in Ventura County, and the P arties do not consent to arbitration. In the event of any dispute, each P arty shall bear its own fees and costs (including attorneys’ fees). This CONTRACT shall be governed by California law, without regard to conflict of law principles.
21. Non-Appropriation of Funds
. Payments due and payable to
CONTRACTOR for current goods and/or services are within the current budget and within an available, unexhausted and unencumbered appropriation of CITY. In the event CITY has not appropriated sufficient funds for payment of goods and/or services beyond the current fiscal year, this CONTRACT shall cover only those costs incurred up to the conclusion of the current fiscal year.
22. Notices
. All written notices required by, or related to this
CONTRACT shall be sent by Certified Mail, Return Receipt Requested, postage prepaid and addressed as listed below. Neither P arty to this CONTRACT shall refuse to accept such mail; the P arties to this CONTRACT shall promptly inform the other P arty of any change of address. All notices required by this CONTRACT are effective on the day of receipt, unless otherwise indicated herein. The mailing address of each Party to this CONTRACT is as follows:
CITY Ronald K. Fuchiwaki
Public Works Director
2929 Tapo Canyon Road
Simi Valley, CA 93063
Staff Contact: Fuad Shamout, Principal Engineer
(805) 583-6788
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Specification No. SV 23-22
CONTRACTOR Toro Enterprises, Inc.
2101 East Ventura Boulevard
Oxnard, California 93036
Staff Contact: Sean Castillo, President
(805) 483-4515
IN WITNESS WHEREOF, the Parties hereto have caused this instrument to be executed the day and year first above written.
Attest: City of Simi Valley, A Municipal Corporation
By:
Lucy Blanco, City Clerk Fred D. Thomas, Mayor of the City of Simi Valley, California
Approved as to Form Toro Enterprises, Inc.
By:
Algeria R. Ford, City Attorney
Print Name:
Approved as to Content: Title:
By:
Brian Paul Gabler, City Manager
Print Name:
Title:
Johanna Medrano,
Deputy Administrative Services Director/
Budget & Purchasing
Ronald K. Fuchiwaki
Public Works Director
11 CAP2404.CON.JD
Specification No. SV 23-22
EXHIIT “A”
SCOPE OF WORK
CONTRACT BETWEEN THE CITY OF SIMI VALLEY AND
TORO ENTERPRISES, INC., FOR FY 2023- 24 ANNUAL
MAJOR STREETS REHABILITATION PROGRAM FIRST
STREET (ENCHANTED WAY TO 900 -FEET SOUTH),
CP60000018, SPECIFICATION NO. SV 23-22
The Major Streets Rehabilitation Program (Program) will consist of: 1) 69,638 S.F. of asphalt pavement cold milling; 2) removal and installation of 57 Traffic Signal Loops; 3) placement of 1,200 tons of asphalt concrete surface course overlay; 4) removal, replacement, and disposal of seven (7) water valve boxes; 5) removal, disposal, and replacement of four (4) sewer manhole frames, rings and covers; 6) adjustment of one (1) storm drain manhole to grade; 7) adjustment of one (1) Ventura County survey monument to grade; 8) 5,041 total L.F. (CalTrans) and 576 L.F. (City) of traffic signing and pavement delineation; 9) installation of 12” white crosswalk or limit line; 10) construction surveying; and 11) all appurtenant work.
12 DEPARTMENT OF PUBLIC WORKS
CITY OF SIMI VALLEY
ATTACHMENT A
13