CAP2423.SR.MG SPECIFICATION NO. SV 24-09
CITY OF SIMI VALLEY
MEMORANDUM
June 3, 2024
TO: City Council
FROM: Department of Public Works
SUBJECT: AWARD OF CONTRACT FOR THE CONSTRUCTION OF FY 20 23-24 ANNUAL MINOR STREET S REHABILITATION PROGRAM , SB1,
CP60000023, SPECIFICATION NO. SV 24-09
STAFF RECOMMENDATION
It is recommended that the City Council award the attached contract (page 4 ) to Toro Enterprises, Inc. ( Toro) in the amount of $3,504 ,174.40 for the construction of FY 2023-24 Annual Minor Streets Rehabilitation Program , SB1, CP60000023, Specification No. SV 24-09.
BACKGROUND AND OVERVIEW
On March 28, 2024, the Public Works Department solicited construction bids for the project that includes the rehabili tation of various residential streets .
Improvements consist of rubberized asphalt overlay, slurry seal, crack seal, concrete repair of cross gutters, curb, gutter, sidewalk, driveway approaches, tree root pruning, traffic signing and striping, and all appurtenant work in conjunction with street improvements. Of the bids received, Toro’s bid was the most responsive and cost competitive. Staff recommends that the City Council award a construction contract to Toro in the amount of $3,504,174.40 for the construction of FY 2023-24 Annual Minor Streets Rehabilitation Program, SB1, Specification No.
SV 24-09. (Location Map, Attachment A, page 9 and List of Streets, Attachment B, page 16).
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 emailed to the contractors on the City’s contractors list, including local contractors, and was posted on the City’s website.
AGENDA ITEM NO.
Consent (6)
CAP2423.SR.MG SPECIFICATION NO. SV 24-09
On
May 7, 2024, the bid opening date, three bids were received, and the results are shown in the table below:
Contractor Bids
Toro Paving Company, Inc.,
Oxnard, CA
$3,504,174.40
Onyx Paving Company, Inc.
Anaheim, CA
$3,693,000.00
All American Asphalt,
Corona, CA
$3,969,314.92
Engineer’s Estimate $3,083,000.00
S
taff reviewed the bids received and determined that the lowest bid submitted by Toro Enterprises, Inc. ( Toro) is 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.
A
dditionally, construction materials testing and inspection services will be required during the construction of this project. The Department is in the process of receiving cost proposals for this service. Staff estimates construction materials testing and inspection costs to be approximately $50,000.
O
n the basis of awarding a construction contract to Toro, the total project cost is estimated as follows:
Construction Bid Amount (Toro) $3,504,174.40
Materials Testing and inspection $50,000.00
Total Project Cost $3,554,174.40
F
unding for this project is contingent upon approval of the FY 2024-2025 budget. Annual Minor Streets Rehabilitation Program, SB1, CP60000023 currently has $3,220,225.07 available in the FY 2023- 2024 budget and will receive an additional $3,100,000 in SB1 Grant Funding in FY 2024-2025 for a total budget amount of $6,320,255.07. Based on an award date of June 3, 2024, it is anticipated that the project construction will begin in late July and be completed by end of September 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.
2 CAP2423.SR.MG SPECIFICATION NO. SV 24-09
The following alternatives are available to the City Council:
1. Award the attached contract to Toro Enterprises, Inc., in the amount of $3,504,174.40 for the construction of FY 2023-24 Annual Minor Streets Rehabilitation Program, SB1, CP60000023, Specification No. SV 24-09;
2. Do not award the contract at this time and provide direction to staff.
Staff recommends Alternatives No. 1.
SUGGESTED CITY COUNCIL MOTION
I move to award a contract to Toro, in the amount of $3,504,174.40 for the construction of FY 202 3-24 Annual Minor Streets Rehabilitation Program, SB1, CP60000023, Specification No. SV 24-09.
SUMMARY
On March 28, 2024, the Public Works Department solicited bids for the construction of the FY 2023-24 Annual Minor Streets Rehabilitation Program, SB1, CP60000023, Specification No. SV 24-09. On May 7, 2024, Toro submitted the lowest responsive and responsible bid. Therefore, it is recommended that the City Council award a contract to Toro in the amount of $3,504,174.40 for construction of the project.
____________________________________
Ronald K. Fuchiwaki
Public Works Director
Prepared by: Ashique Khandaker, Associate Engineer
INDEX Page
Contract ................................................................................ 4 Attachment A – Location and Vicinity Maps ......................... 9 Attachment B – List of Streets ............................................ 16
3 Contract No. 3240149
1 PUBLIC WORKS CONTRACT
BETWEEN
THE CITY OF SIMI VALLEY AND
TORO ENTERPRISES, INC.
This CONTRACT is entered into this 3rd day of June, 2024, by and between the CITY OF SIMI VALLEY, a general law city and municipal corporation (“the City”) and TORO ENTERPRISES, 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 three million five hundred four thousand one hundred seventy-four and four tenths dollars ($3,504,174.40) 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 70Click here to enter text. working days (the “Contract Time.”)
B. The Contract Time will commence when the City issues a notice to 4 City of Simi Valley
Contract No. 3240149
Toro Enterprises, Inc.
CAP2423.CON.MG SPECIFICATION NO. SV 24-09
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 documents and materials as desired, but will deliver all original materials to the City upon the City’s written notice.
5 City of Simi Valley
Contract No. 3240149
Toro Enterprises, Inc.
CAP2423.CON.MG SPECIFICATION NO. SV 24-09
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: Ronald K. Fuchiwaki, Public
Works Director
Attention: Sean Castillo
City of Simi Valley Toro Enterprises, Inc.
2929 Tapo Canyon Road 2101 East Ventura Boulevard
Simi Valley, CA 93063 Oxnard, CA 93036
Staff Contact: Fuad Shamout, Principal
Engineer, (805) 583-6788
(805) 483-4515
[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 will be deemed given at the time of actual delivery. Changes may be made in the names 6 City of Simi Valley
Contract No. 3240149
Toro Enterprises, Inc.
CAP2423.CON.MG SPECIFICATION NO. SV 24-09
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.
7 City of Simi Valley
Contract No. 3240149
Toro Enterprises, Inc.
CAP2423.CON.MG SPECIFICATION NO. SV 24-09
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: INSERT NAME OF COMPANY
By:
Algeria R. Ford, City Attorney
Print Name: Sean Castillo
Approved as to Content: Title: President
By:
Brian Paul Gabler, City Manager
Print Name: Jerry Hannigan
Title: Secretary
Johanna Medrano,
Deputy Administrative Services Director/
Budget & Purchasing
Ronald K. Fuchiwaki
Public Works Director
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FY 2023-2024 Annual Minor Streets Rehabilitation Program SB1 List of Streets
Apricot Road
Aqueduct Court
Duarte Circle
No.
1 2
3 East Brower Street
Elizondo Street
Galena Avenue
Grinnel Court
Humboldt Street
Rambling Road
14 15
16 17
Valley Gate Road
Waldo Street
Meander Drive
Mellow Lane
Placid Court
5 6
7 8
Trinway Avenue
Lindale Avenue
North Brower Street
Niles Street
Sebring Avenue
Sebring Court13
18 19
20 21
22 23
24 Restful Court
Rocking Horse Drive
Starstone Court
Wrangler Road
ATTACHMENT B
16