CAP2454.SR.MG
C
ITY OF SIMI VALLEY
MEMORANDUM
Oc
tober 7, 2024
T
O: City Council
F
ROM: Department of Public Works
S
UBJECT: APPROVAL OF FIRST AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF SIMI VALLEY AND TORO ENTERPRISES, INC.
FOR FY 2023-24 ANNUAL MINOR STREETS REHABILITATION
PROGRAM, SB1, CP60000023, SPECIFICATION NO. SV 24-09
RECOMMENDATION
I
t is recommended that the City Council approve the first contract amendment (page 4) with Toro Enterprises, Inc. ( Toro), for the construction of FY 2023-24 Annual Minor Streets Rehabilitation Program, SB1, CP60000023, Specification No. SV 2 4-09, for an additional 2,300 tons of asphalt, increasing the not-to-exceed amount by $375,000, for a total not-to-exceed amount of $3,879,174.40.
BACKGROUND AND OVERVIEW
O
n June 3 , 2024, City Council awarded a construction 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, Specification No. SV 2 4-09. The project includes the rehabilitation 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 sign ing and striping, and all appurtenant work in conjunction with street improvements.
T
he City desires to enter into the first contract a mendment increasing the not-to-exceed amount by $375,000 for the addition of 2,300 tons of asphalt that was not included in Specification No. SV 24 -09 that is needed to complete the project, for a total not -to-exceed amount of $3,879,174.40 . Staff recommends the City Council approve the first contract amendment to ensure sufficient material and funding for the project.
FINDINGS AND ALTERNATIVES
C
ity staff has determined that additional asphalt is required to complete the project's construction, requiring this first contract amendment with Toro to purchase the additional materials in the amount of $375,000. On the basis of entering into a contract amendment with Toro, the contract total is as follows:
AGENDA ITEM NO.
Consent (5)
CAP2454.SR.MG
Original Contract $3,504,174.40
First Contract Amendment $375,000.00
Total Contract $3,879,174.40
FY 2024-2025 Streets and Roads budget contains sufficient funds for this project.
The following alternatives are available to the City Council:
1. Approve the first contract amendment with Toro Enterprises, Inc. (Toro) , for the construction of FY 2023-2 4 Annual Minor Streets Rehabilitation Program, SB1, CP60000023, Specification No. SV 2 4-09, for additional 2,300 tons of asphalt, increasing the not -to-exceed amount by $375,000, for a total not -to-exceed amount of $3,879,174.40.
2. Do not award the first contract amendment at this time and provide direction to staff.
Staff recommends Alternatives No. 1.
SUGGESTED CITY COUNCIL MOTION
I move to approve the first contract amendment with Toro Enterprises, Inc. (Toro), for the construction of FY 2023- 24 Annual Minor Streets Rehabilitation Program, SB1, CP60000023, Specification No. SV 24- 09, for an additional 2,300 tons of asphalt, increasing the not -to-exceed amount by $375 ,000, for a total not -to-exceed amount of $3,879,174.40.
SUMMARY
On June 3, 2024, City Council awarded 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. The City now desires to enter into the first contract amendment for the additional 2,300 tons of asphalt needed to complete the construction of the project. Therefore, it is recommended that the City Council approve the first c ontract amendment to Toro in the amount not -to-exceed $375,000.00, for the total not-to-exceed $3,879,174.40 for the purchase of 2,300 tons of asphalt to complete the construction of the project.
____________________________________
Ronald K. Fuchiwaki
Public Works Director
2 CAP2454.SR.MG
Prepared by: Ashique Khandaker, Associate Engineer
INDEX Page
First Contract Amendment ................................................... 4 3
FIRST AMENDMENT TO
AGREEMENT NO. 3240149 BETWEEN
THE CITY OF SIMI VALLEY AND
TORO ENTERPRISES, INC.
This FIRST AMENDMENT (“Amendment”) is made and entered into this 7 th day of October
2024, by and between the CITY OF SIMI VALLEY, a general law city and municipal corporation (“CITY”), and TORO ENTERPRISES, INC. , a California Corporation (“CONTRACTOR”). The Parties agree as follows:
1. Pursuant to Section 17 of Agreement No. 3240149 (“Agreement”), Section 1, captioned “Work”, and Section 2, captioned “CONTRACT SUM,” is amended to read as follows:
Section 1. Work, is being amended to read as follows:
“Schedule I
1) 579,789 S.F. of asphalt pavement cold milling; 2) 7,800 tons of asphalt placement; 3) 4,764 S.F. of sawcut, removal, and reconstruction of sidewalk; 4 ) 48 sawcut, removal, and reconstruction of curb ramps; 5) 1,562 S.F. of sawcut, removal, and reconstruction of concrete cross and/or longitudinal gutter ; 6) 776 L.F. of concrete sidewalk grinding; 7) 100 L.F. of sawcut, removal, and reconstruction of concrete curb and gutter; 8) 2,398 S.Y. of crack seal treatment; 9) 67 sewer manhole frame and cover replacement; 10) 33 water valve assembly replacement; 11) traffic signing and pavement delineation; 12) construction surveying; and 13) all appurtenant work as provided in the Proposed Schedule of Work and Prices.
The specified completion time is 50 consecutive working days after receipt of the Notice to Proceed.”
Section 2. CONTRACT SUM, is being amended to read as follows:
“City agrees to pay Contractor a sum not to exceed three million eight hundred seventy-nine thousand one hundred seventy -four and four tenths dollars ($3,879,174.40) for the Work in the manner set forth in the Contract Documents. City may adjust this amount set forth in the Contract Documents.”
2. ELECTRONIC SIGNATURES. This Amendment may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one Amendment binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. In accordance with Government Code §16.5, the Parties agree that this Amendment will be considered signed when the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature.
4 City of Simi Valley
First Amendment to Agreement No. 3240149
Toro Enterprises, Inc.
CAP2454.CON.MG SPECIFICATION NO. SV 24-09
3. This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date.
4. Except as modified by this Amendment, all other terms and conditions of Agreement No. 3240149 remain the same.
[SIGNATURES ON NEXT PAGE]
5 City of Simi Valley
First Amendment to Agreement No. 3240149
Toro Enterprises, Inc.
CAP2454.CON.MG SPECIFICATION NO. SV 24-09
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: TORO ENTERPRISES, INC.
Algeria R. Ford, City Attorney By:
Print Name: Sean Castillo
Approved as to Content:
Title: President
Samantha C. Argabrite, City Manager By:
Print Name: Jerry Hannigan
Johanna Medrano, Title: Secretary
Deputy Administrative Services Director/
Budget & Purchasing
Ronald K. Fuchiwaki
Public Works Director
6