CAP2415.SR.MG Specification SV 24-07
CITY OF SIMI VALLEY
MEMORANDUM
A
pril 15, 2024
TO: City Council
F
ROM: Department of Public Works
S
UBJECT: AWARD OF CONTRACT FOR THE CONSTRUCTION OF THE CURB, GUTTER AND SIDEWALK REPLACEMENT PROJECT , CP60000030,
SPECIFICATION NO. SV 2 4-07 AND AUTHORIZE A BUDGET
TRANSFER
RECOMMENDATION
I
t is recommended that the City Council
1. Aw
ard the attached contract (page 7) to FS Contractors, Inc. (FS Contractors) in the amount of $400,451 for the construction of the Curb, Gutter and Sidewalk Replacement Project, CP60000030, Specification No. SV 24-07;
2. A
uthorize a budget transfer request of $103,886 from the Tree Removal / Stump Grinding Project, CP60000044, to the Curb, Gutter and Sidewalk Replacement Project, CP60000030.
BACKGROUND AND OVERVIEW
S
taff recommends that the City Council award a construction contract to FS Contractors in the amount of $400,451 for the construction of the Curb, Gutter and Sidewalk Replacement Project, CP60000030, Specification No. SV 24-07. (Location Map and Repair List Schedule I, Attachments A and B (pages 4 & 5).
O
n February 15 , 2024, the Public Works Department solicited construction bids for the project which included the rehabilitation of various residential streets. Improvements consist of concrete repair of curb, gutter, sidewalk, driveway approaches and cross gutters; tree root pruning; tree removal; tree procurement; and all appurtenant work. Of the bids received, the bid from FS Contractors was the most responsive and cost competitive.
FINDINGS AND ALTERNATIVES
A
Notice Inviting Bids (Notice) was published in the Ventura County Star and was also submitted to various publications and plan rooms. A Notice was also sent to the
AGENDA I
TEM NO.
Consent(7)
CAP2415.SR.MG Specification SV 24-07
contractors on the City’s contractors’ list, including local contractors, and was posted on the City’s website.
On
March 19, 2024, the bid opening date, two bids were received, and the results are shown in the table below:
Contractor Bid Amount
Schedule I
Bid Amount
Schedule II
Bid Amount
Schedule III
FS Contractors, Inc.
Sylmar, CA
$400,451 $657,100 $581,700
Toro Enterprises, Inc.
Oxnard, CA
$711,906 $1,235,095 $864,650
Engineer’s Estimate $376,756 $605,830 $447,130
S
taff reviewed the bids received and determined that the lowest bid submitted by FS Contractors was responsive and cost-competitive. Based on FS Contractors’ previous work accomplishments, staff believes that FS Contractors possesses the necessary qualifications and experience for the construction of the project , and is considered to be a responsible bidder.
O
n the basis of awarding a construction contract to FS Contractors for Schedule I , the total project cost is estimated as follows:
Construction Bid Amount (FS Contractors)
Schedules
$400,451
Total Project Cost $400,451
F
unding of $296,565 is available in the FY 2023-24 Streets and Roads budget, CP60000030 and staff is requesting a budget transfer of $103,886 from the Tree Removal / Stump Grinding Project, CP60000044, to the Curb, Gutter and Sidewalk Replacement Project, CP60000030 to fund the difference and the tree root pruning, tree removal, and tree procurement portion of the project. Staff has caught up on the backlog of tree stump grinding and removal therefore the transfer of funds from the Tree Removal/Stump Grinding project will not affect this activity.
B
ased on an award date of April 15 , 202 4, a nd the start of the construction in early May of 2024, completion of the project is anticipated by the end of July 2024.
T
raffic 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.
T
he following alternatives are available to the City Council/Board of Directors:
2 CAP2415.SR.MG Specification SV 24-07
1. Award the attached contract to FS Contractors, in the amount of $400,451 for the construction of the Curb, Gutter and Sidewalk Replacement Project, CP60000030, Specification No. SV 24-07;
2. Authorize a budget transfer reques t of $103,886 from the Tree Removal / Stump Grinding Project, CP60000044, to the Curb, Gutter and Sidewalk Replac ement Project, CP60000030;
3. Do not award the contract at this time;
4. Provide other direction to staff.
St
aff recommends Alternative Nos. 1 and 2.
SUGGESTED CITY COUNCIL/BOARD MOTION
I m
ove to award a contract to FS Contractors , in the amount of $400,451 for the construction of the Curb, Gutter and Sidewalk Replacement Project, CP60000030, Specification No. SV 24-0 7, as well as authorize a budget transfer request of $103,886 from the Tree Removal / Stump Grinding Project, CP60000044, to the Curb, Gutter and Sidewalk Replacement Project, CP60000030
SUMMARY
On F
ebruary 15, 2024, the Public Works Department solicited bids for the construction of the Curb, Gutter and Sidewalk Replacement Project, CP60000030, Specification No. SV 24-07. On March 19 , 2024, FS Contractors submitted the lowest responsive and responsible bid. Therefore, it is recommended that the City Council /Board of Directors award a contract to FS Contractors in the amount of $400,451 for the construction of the project, and authorize a budget transfer request of $103,886 from the Tree Removal / Stump Grinding Project, CP60000044, to the Curb, Gutter and Sidewalk Replacement Project, CP60000030.
______
____________________________
Ronald K. Fuchiwaki
Public Works Director
Pr
epared by: Brandon Zastrow, Associate Engineer
INDEX Page
Atta
chment A – Location Map .............................................. 4 Attachment B – Repair List Schedule I ................................. 5 Contract ................................................................................ 7 3 CITY OF SIMI VALLEY
DEPARTMENT OF PUBLIC WORKS
4 ATTACHMENT A
SV 24-07 CURB, GUTTER, AND SIDEWALK REPLACEMENT PROJECT - REPAIR LIST
SCHEDULE I
CURB AND GUTTER
ADDRESS STREET NAME CROSS STREET SWWIDTH (LF) SWLENGTH (LF) SWAREA(SF) DWWIDTH (LF) DWLENGTH (LF) DWAREA (SF) C&GLENGTH (LF) ROOTPRUNE REMOVALS COMMENTS 6146 Al Way 4 28 112 40 WO 19991 to grind SW
484 Appleton Road 4 41 164 41 Curb & Gutter Lift
Aristotle Street Apollo Court 4 8 32 10 Tree stability test will be done once roots are trimmed for concrete replacement. ~12" tree.
681 Azure Hills Drive 4 24 96 14 Curb & Gutter Lift
687 Azure Hills Drive 4 17 68 WO 20008 to re-ramp sidewalk 2768 Bitternut Circle 4 34 136 12 10 120 10 Tree stability test will be done once roots are trimmed for concrete replacement. ~24" tree.
2765 Bitternut Circle 4 22 88 10 Tree stability test will be done once roots are trimmed for concrete replacement. ~24" tree.
2764 Bitternut Circle 4 37 148 10 Tree stability test will be done once roots are trimmed for concrete replacement. ~24" tree.
32 Bonita Drive 4 24 96 Curb & Gutter Lift
2149 Bromfield Street 4 15 60 10 Tree stability test will be done once roots are trimmed for concrete replacement. ~36" tree.
2490 Brower Street 17 Curb & Gutter lift
3366 Bryan Avenue 4 14 56 WO 19678? No tree sidewalk crushed 4091 Carlotta Street 4 39 156 2 Tree stability test will be done once roots are trimmed for concrete replacement. ~36" tree.
6272 Caroline Avenue 4 40 160 15 10 150 140 3 Tree stability test will be done once roots are trimmed for concrete replacement. ~24" tree. Replace curb with curb and gutter. 6784 Charing Street 4 52 208 20
1350 Cherry Avenue 20
1359 Cherry Avenue 17 10 Tree stability test will be done once roots are trimmed for concrete replacement. ~36" tree.
1446 Church Street 4 37 148 1 Tree stability test will be done once roots are trimmed for concrete replacement. ~24" tree.
2065 Denny Street 4 4 16
2082 Elizondo Street 4 25 100 28
2094 Elizondo Street 4 23 92 22 10
834 Erringer Road Wexford Circle 4 16 64 On Wexford Cir 5974 Fearing Street 4 26 104 26 WO 19742 to grind and re-remp 3107 Fitzgerald Road 4 5 20 4'x4' section to be replaced , side walk missing section. Location 30' East of address.
3167 Flanagan Drive 4 25 100
802 France Avenue 4 15 60 16 Ramped and safe (RR)over 3" lift, curd and gutter cracked with less than 1" lift.
3091 Gardner Street 8 Curb & gutter cracked and kicked out, side walk ground. 1757 Geoffrey Avenue 4 9 36
1506 Glassell Avenue 4 9 36 10 Tree stability test will be done once roots are trimmed for concrete replacement. ~36" tree.
2447 Goldin Avenue 4 34 136 27
2231 Graceland Street 4 22 88
453 Grinnel Court 4 12 48 Has been ramped
2120 Heather Street 4 8 32 10
SIDEWALK DRIVEWAY APPROACH TREES
ATTACHMENT B5
SV 24-07 CURB, GUTTER, AND SIDEWALK REPLACEMENT PROJECT - REPAIR LIST
SCHEDULE I
CURB AND GUTTER
ADDRESS STREET NAME CROSS STREET SWWIDTH (LF) SWLENGTH (LF) SWAREA(SF) DWWIDTH (LF) DWLENGTH (LF) DWAREA (SF) C&GLENGTH (LF) ROOTPRUNE REMOVALS COMMENTS
SIDEWALK DRIVEWAY APPROACH TREES
160 Hermes Street 4 21 84 10 18 180 53 Replace SW and DW- remove old DW and make into parkway and replace curb and gutter by both driveways
5536 Honeyman Street 4 25 100 10 Tree stability test will be done once roots are trimmed for concrete replacement. ~12" tree.
2319 Jonesboro Avenue 4 8 32 Curb & Gutter Lift
6485 Keystone Street 4 12 48 10 Tree stability test will be done once roots are trimmed for concrete replacement. ~24" tree.
1858 Larch Street 12 17 204 10 Tree stability test will be done once roots are trimmed for concrete replacement. ~36" tree.
1888 Larch Street Erringer Road 52 10 Includes 375 SF of cross gutter (SW corner entire spandrel). ~24" tree (Rancho Simi Recreation and Park District Tree).
3170 Leslie Court 21 The curb and gutter has settled in front of the driveway 2090 Lupin Street 4 9 36
2164 Magnolia Street 4 27 108 WO 19816 to ramp
2203 Marter Court 4 15 60
On Larch at PL.
1337 Naples Court 4 26 104 10
5021 Ringwood Street 4 18 72 24
Curb & Gutter Lift
2950 Rosette Street 21
2990 Rosette Street 4 12 48
3700 Royal Avenue 4 12 48 1 Tree stability test will be done once roots are trimmed for concrete replacement. ~48" tree. Located across from 3677/3669 Royal on park side. 2105 Sebring Avenue 4 25 100 10
1946 Sienna Lane 5 20 100
161 Silver Fern Court 4 8 32
173 Silver Fern Court 4 4 16
Curb & Gutter Lift
6122 Stoke Court 4 28 112 10 18 180 37
WO 19735 to grind sidewalk
1891 Stoneman Street 4 24 96
WO 19736 to grind sidewalk
593 Talbert Avenue 18 1
28 Taxco Court 4 39 156 20 Tree stability test will be done once roots are trimmed for concrete replacement. ~36" tree.
2794 Thicket Place Cimmaron Avenue 4 31 124
4101 Township Avenue 4 13 52 66 50
In front of Township Elementary
3404 Travis Avenue 4 23 92
3366 Weatherford Court 4 25 100 20
853 Weaver Street 4 16 64 10 Tree stability test will be done once roots are trimmed for concrete replacement. ~12" tree.
2785 Wheatfield Circle 4 18 72
1076 Whitcomb Avenue 12 10 Tree stability test will be done once roots are trimmed for concrete replacement. ~24" tree.
1608 Wychoff Avenue Damon Street 4 12 48 1608 Wychoff on Damon Total 4564 900 734 200 8
6 City of Simi Valley
Contract No. 3240130
FS Contractors
CAP2415.CON.MG Specification SV 24-07
PUBLIC WORKS CONTRACT
BETWEEN
THE CITY OF SIMI VALLEY AND
FS CONTRACTORS
This CONTRACT is entered into this 15th day of April 2024, by and between the CITY OF SIMI VALLEY, a general law city and municipal corporation (“the City”) and FS CONTRACTOR, INC., a California Corporation (“the Contractor”).
1. WORK.
A. The Contractor will provide all work required by the Contract Documents (the “Work”). The Contractor agrees to do additional work arising from changes ordered by the City in accordance with the Contract Documents.
B. The Contractor and the City agree to abide by the terms and conditions contained in the Contract Documents;
C. The Contractor will furnish all of the labor; supplies and materials; equipment; printing; vehicles; transportation; office space and facilities; all tests, testing and analyses; and all matters whatsoever (except as otherwise expressly specified to be furnished by the City) needed to perform and complete the Work and provide the services required of the Contractor by the Contract Documents.
D. “Contract Documents” means the Notice Inviting Bids; Instructions to Bidders; Supplementary Instructions to Bidders; Proposal; this Contract; Standard Specifications; Supplementary Conditions; Exhibits; Technical Specifications; List of Drawings; Drawings; Addenda; Notice to Proceed; Change Orders; Notice of Completion; and all other documents identified in the Contract Documents which together form the contract between the City and the Contractor for the Work. The Contract Documents constitute the complete agreement between the City and the Contractor and supersede any previous agreements or understandings.
2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed Four Hundred Thousand, Four Fundred and Fifty One dollars ($400,451) for the Work in the manner set forth in the Contract Documents. The City may adjust this amount as set forth in the Contract Documents.
3. TIME FOR PERFORMANCE.
A. The Contractor will fully complete the Work within 30 consecutive calendar days after receipt of the Notice to Proceed (the “Contract Time.”) 7 City of Simi Valley
Contract No. 3240130
FS Contractors
CAP2415.CON.MG Specification SV 24-07
B. The Contract Time will commence when the City issues a notice to proceed. The Contract Documents will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract.
C. The Contractor may not perform any Work until:
i. The Contractor furnishes proof of insurance as required by the Contract Documents; and
ii. The City gives the Contractor a written, signed, and numbered purchase order and notice to proceed.
D. By signing this Contract, the Contractor represents to the City that the Contract Time is reasonable for completion of the Work and that the Contractor will complete the Work within the Contract Time.
E. Should the Contractor begin the Work before receiving written authorization to proceed, any such Work is at the Contractor’s own cost and risk.
4. DISPUTES. Disputes arising from this contract will be determined in accordance with the Contract Documents and Public Contracts Code §§ 10240-10240.13.
5. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the City will promptly inform the Contractor regarding third-party claims against the Contractor, but in no event later than ten (10) business days after the City receives such claims. Such notification will be in writing and forwarded in accordance with the “Notice” section of the Contract Documents. As more specifically detailed in the Contract Documents, the Contractor agrees to indemnify and defend the City against any third- party claim.
6. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a Taxpayer Identification Number.
7. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole expense, will obtain and maintain during the Contract Time, all necessary permits, licenses, and certificates that may be required in connection with the Work.
8. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by the Contractor under the Contract Documents are the City’s property. The Contractor may retain copies of said 8 City of Simi Valley
Contract No. 3240130
FS Contractors
CAP2415.CON.MG Specification SV 24-07
documents and materials as desired, but will deliver all original materials to the City upon the City’s written notice.
9. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City harmless as set forth in the Contract Documents. The requirements as to the types and limits of insurance coverage to be maintained by the Contractor as required by the Contract Documents, and any approval of such insurance by the City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Contract Documents, including, without limitation, to the provisions concerning indemnification.
10. INDEPENDENT CONTRACTOR. The City and the Contractor agree that the Contractor will act as an independent contractor and will have control of all work and the manner in which is it performed. The Contractor will be free to contract for similar service to be performed for other employers while under contract with the City. The Contractor is not an agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits the City provides for its employees. Any provision in this Contract that may appear to give the City the right to direct the Contractor as to the details of doing the work or to exercise a measure of control over the work means that the Contractor will follow the direction of the City as to end results of the work only.
11. AUDIT OF RECORDS. The Contractor will maintain full and accurate records with respect to all services and matters covered under this Contract. The City will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. The Contractor will retain such financial and program service records for at least three (3) years after termination or final payment under the Contract Documents.
12. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:
The City
The Contractor
Attention: Fuad Shamout Attention: Jose Angel Fierros
City of Simi Valley FS Contractors, Inc.
2929 Tapo Canyon Road 14838 Bledsoe Street
Simi Valley, CA 93063 Sylmar, CA 91342
(805) 583-6788 (818) 838-6040
[email protected] [email protected]
Any such written communications by mail will be conclusively deemed to have been received by the addressee three (3) days after deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices 9 City of Simi Valley
Contract No. 3240130
FS Contractors
CAP2415.CON.MG Specification SV 24-07
will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.
13. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor’s or the City’s obligations under this Contract.
14. INTERPRETATION. This Contract was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this Contract will be in Ventura County.
15. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of the Contract Documents, precedence will be as follows:
A. This Contract;
B. The Standard Specifications; and
C. Precedence of documents as determined in the Standard Specifications.
16. SEVERABILITY. If any portion of the Contract Documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Contract will continue in full force and effect.
17. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Contract and to engage in the actions described herein. This Contract may be modified by written amendment. The City’s city manager, or designee, may execute any such amendment on the City’s behalf.
18. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature.
19. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph.
10 City of Simi Valley
Contract No. 3240130
FS Contractors
CAP2415.CON.MG Specification SV 24-07
20. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of reference only and will not affect the interpretation of this Contract.
21. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents.
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove 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: FS CONTRACTORS, INC.
By:
Algeria R. Ford, City Attorney
Print Name: Jose Angel Fierros
Approved as to Content: Title: President
By:
Brian Paul Gabler, City Manager
Print Name: Jose Ernesto Fierros
Title: Secretary
Johanna Medrano,
Deputy Administrative Services Director/
Budget & Purchasing
Ronald K. Fuchiwaki
Public Works Director
11