ACTION:
____________________________
Clerk/Secretary
Department: Engineering Item No: C7
Prepared by:
Erin Adams, Management Analyst
Matt Atteberry, Principal Engineer Meeting Date: November 15, 2022 Approved by:
Greg Mayer, City Engineer
Amanda Lee, Acting City Manager Agenda Location: Consent Calendar SUBJECT: CIP 8225: STREET REHABILITATION PROJECT 2022 – AWARD OF CONTRACT RECOMMENDATION: Adopt City Council Resolution No. 2022- , awarding a construction contract to Eagle Paving Company, Inc. for the Street Rehabilitation Project 2022 (CIP No. 8225).
CORRELATION TO CITY COUNCIL GOALS: (1) Fiscal Responsibility, (2) Climate and Environmental Responsibility, and (3) Traffic: Continue to improve the flow of traffic for all forms of travel, reduce congestion, and improve our roads and sidewalks.
PRIOR ACTION: On June 23, 2020, adopted City Council Resolution No. 2020-107, approving the Six- Year Capital Improvement Program and Fiscal Years 2020/21 and 2021/22 Capital Project Budget and authorizing appropriations for Fiscal Years 2020/21 and 2021/22 Capital Projects (Vote: 5-0).
STATEMENT ON THE SUBJECT: Capital Improvement Project (CIP) No. 8225, Street Rehabilitation & Maintenance, is designed to improve the overall condition of City streets. This project will significantly improve the asphalt surface of certain arterial streets. A list of streets is included as Exhibit 3.
Staff advertised the project for competitive bids on August 30, 2022, on the City’s procurement website and online procurement portal, ProcureNow. On September 15, 2022, the following six bids were received:
Bidder’s Name Office Location Total Bid Amount
Eagle Paving Company, Inc. Poway, CA $542,691.00
SRM Contracting & Paving San Diego, CA $566,304.70
L.C. Paving & Sealing, Inc. Escondido, CA $659,344.57 TC Construction Company, Inc. Santee, CA $702,970.30
Frank and Sons Paving, Inc. Chula Vista, CA $732,521.37 Wier Construction Corporation Escondido, CA $755,158.30 Engineer’s Estimate: $607,000.00
Staff has reviewed the bid of $542,691 from Eagle Paving Company, Inc. and has determined that they are the lowest responsible bidder who responded to all the requirements of the bid request. Therefore, staff recommends that the City Council award the contract for the Street Rehabilitation Project 2022 (CIP No. 8225) to Eagle Paving Company, Inc.
AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
11/15/2022 C7 1 of 40
Approved above recommendation, adopted City Council Resolution No. 2022-162. Directed staff to paint eligible bike lanes in the project green if the cost is less than the contingency included in the budget or to come back with an estimate if it is higher. Vote: 3-2, Ritter and Franklin opposed
MEETING DATE: November 15, 2022 PAGE 2
SUBJECT: CIP 8225: STREET REHABILITATION PROJECT 2022 —AWARD OF CONTRACT FISCAL IMPACT: The construction contract is $542,691, with a 10 percent contingency for a total budget of$596,960.10. Sufficient funding is budgeted and available in the Fiscal Years 2022/23 and 2023/24 Capital Improvement Budgets in CIP No. 8225, the Street Rehabilitation & Maintenance Source Appropriation Account (No. 1116101.578999.8225).
EXHIBITS:
1. City Council Resolution 2022- , awarding a construction contract to Eagle Paving Company, Inc. for the Street Rehabilitation Project 2022 (CIP No. 8225)
2. Contract with Eagle Paving Company, Inc.
3. List of Streets
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RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, AWARDING A CONSTRUCTION CONTRACT TO
EAGLE PAVING COMPANY, INC. FOR THE STREET REHABILITATION PROJECT 2022 (CIP NO. 8225)
The City Council of the City of Vista does resolve as follows:
1.Findings. The City Council hereby finds and declares the following:
A. The City solicited bids for the Street Rehabilitation Project 2022 (CIP No. 8225, and on September 15, 2022 public bids for construction were opened and Eagle Paving Company, Inc. was the lowest bidder.
B. Staff determined that the bid submitted by Eagle Paving Company, Inc. is responsive in all material aspects to the request for bids, and that the bid from Eagle Paving Company, Inc. for construction of the Street Rehabilitation Project 2022 has been determined to be the lowest responsive, responsible bid.
2. Action.
A. The contract between the City of Vista and Eagle Paving Company, Inc. in the amount of$542,691 for the Street Rehabilitation Project 2022 is approved, and the Mayor is authorized to execute the contract.
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on November 15, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
JUDY RITTER, MAYOR
APPROVED AS TO FORM: ATTEST:
WALTER CHUNG, CITY ATTORNEY KATHY VALDEZ, CITY CLERK
By: By:
APPROVED
Walter C.Chung
20221104151630
000292137 EXHIBIT 1
11/15/2022 C7 3 of 40
CONSTRUCTION CONTRACT
THIS CONTRACT is made and entered into as of
Contract Date"), by and between the City of Vista, a chartered municipal corporation Agency"), and Eagle Paving Company, Inc., a California corporation ("Contractor"). Agency and Contractor are sometimes individually referred to as a "Party" and collectively as "Parties." In consideration of the mutual covenants contained herein, Agency and Contractor agree as follows:
SECTION 1
The Contract Documents consisting of the PROJECT SPECIFICATIONS, comprised of the NOTICE INVITING BIDS, the INSTRUCTIONS TO BIDDERS, the accepted BID PROPOSAL; BID SCHEDULE; CONTRACTOR'S LICENSING STATEMENT; PROJECT REFERENCES; CONTRACTOR'S LIST OF SUBCONTRACTORS;; PUBLIC CONTRACT CODE STATEMENTS AND QUESTIONNAIRE; NON-COLLUSION AFFIDAVITS; the CONSTRUCTION CONTRACT,
CONTRACTOR'S CERTIFICATE, SUPPLEMENTARY GENERAL PROVISIONS, SUPPLEMENTARY TECHNICAL PROVISIONS, Special Provisions, Plans, Standard Plans and Specifications; together with all additions, deletions, modifications, appendices, and all addenda, as prepared prior to the date of bid opening setting forth any modifications or interpretations of any said documents, are hereby incorporated in and made a part of this Contract as fully as if set forth herein.
SECTION 2
For and in consideration of the payments and agreements to be made and performed by the Agency as set forth in said Contract Documents, the Contractor agrees with the Agency to construct
STREET IMPROVEMENTS
as specifically set forth in documents entitled
STREET REHABILITATION PROJECT 2022 (CIP NO. 8225)
for which award of the Contract was made, to furnish at his own proper cost and expense all plant, labor, services, materials, tools, equipment, supplies, transportation, utilities and all other items and facilities necessary therefore, as provided in the Contract Documents, and to do everything required therein. In accordance with the provisions of Section 3700 of the Labor Code, the Contractor will be required to secure the payment of Worker's Compensation Insurance for its employees.
SECTION 3
For furnishing all said services and materials, payment of premiums on insurance policies, obtaining all permits and licenses of a temporary nature, furnishing and removing all plant, temporary work or structures, tools, and equipment, and for doing all the Work contemplated and embraced in this Contract, also for all loss and damage arising out of the nature of the aforesaid work during its progress or prior to acceptance from the action of the elements and SUMMARY CONSTRUCTION-COV LOCAL Page 1 of 3 EAGLE PAVING COMPANY,INC. 00064028-11 00108860 1
EXHIBIT 2
11/15/2022 C7 4 of 40
from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work, and for all other risks of any description connected with the Work, also for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in the said Contract Documents are expressly stipulated to be borne by the Agency, and for well and faithfully completing the Work and the whole thereof within the stipulated time and in the manner shown and described in the said documents, and in accordance with the requirements of the Engineer under them, the Agency will pay, and the Contractor shall receive in full compensation therefore, the prices set forth by him in the accepted bid. The total compensation will be computed on the basis of the units of work actually performed in accordance with the requirements of the Contract Documents and paid for at the stipulated prices named in the BID SCHEDULE for completion of the Work.
SECTION 4
The Agency hereby promises and agrees with the said Contractor to employ, and does hereby employ the said Contractor to provide the materials and to do the Work according to the terms and conditions herein contained and referred to, for the price aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Contract Documents, and the Parties for themselves, their heirs, executors, administrators, successors and assigns do hereby agree to the full performance of the covenants herein contained.
SECTION 5
Contractor agrees to indemnify, defend, and save harmless, the Agency, its officers, agents, employees and volunteers from and against any and all claims, demands, damages, losses and expenses, defense costs including attorney fees, or liability of any kind or nature which the Agency, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property as a result of, arising out of, or in any manner connected with the Contractor's performance under the terms of this Contract, caused in whole or in part by any negligent or willful acts or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the Agency.
Continued on page 3.]
SUMMARY CONSTRUCTION-COV LOCAL Page 2 of 3 EAGLE PAVING COMPANY,INC. 00064028-1)00108860 1
11/15/2022 C7 5 of 40
SECTION 6
Contractor agrees that the Payment Bond and Performance Bond attached to/submitted concurrently with this Contract are for reference purposes only, and shall not be considered a part of this Contract. Contractor further agrees that said bonds are separate obligations of the Contractor and its surety, and that any attorneys' fee provision contained in any payment bond or performance bond shall not apply to this Contract. In the event there is any litigation between the Parties arising from the breach of this Contract, each Party will bear its own attorneys' fees in the litigation.
IN WITNESS WHEREOF, the Parties have caused this Contract to be executed as of the Contract Date.
CITY OF VISTA, a chartered municipal EAGLE PAVING COMPANY, INC., a corporation California cpr oration
By:
JUDY RITTER, MAYOR Joel Batul , President
Name/Title
ATTEST:
KATHY VALDEZ, CITY CLERK By: ajl(j--L
By. Marisa Garland, CFO
Name/Title
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
RISK MANAGEMENT REVIEW:
DOLORES GASCON, RISK MANAGER
By:
APPROVED
Amanda L.Guy
20221004171359
SUMMARY CONSTRUCTION-COV LOCAL Page 3 of 3 EAGLE PAVING COMPANY,INC. 00064028-1]00106660 1
11/15/2022 C7 6 of 40
CITY OF VISTA
CITY OF VISTA ENGINEERING DEPARTMENT
PROJECT SPECIFICATIONS FOR
STREET REHABILITATION PROJECT 2022
CIP No. 8225
September 2022
11/15/2022 C7 7 of 40
BID PROPOSAL
From: Eagle Paving Company, Inc. dba Toro Engineering Bidder, For: The construction of
STREET IMPROVEMENTS
as specifically set forth in documents entitled
STREET REHABILITATION PROJECT 2022(CIP No.8225)
The undersigned hereby proposes and agrees that if his bid as submitted in the attached BID SCHEDULE be accepted, he will contract in the form so approved to perform all work for which a Contract may be awarded him,to furnish any and all plant, labor,services, materials,tools,equipment, supplies, transportation, utilities and all other items and facilities necessary therefore as provided in the Contract Documents, and to do everything required therein forthe proposed Project as specifically set forth in said Contract Documents, together with appurtenances thereto, all as set forth on the Drawings and in the Project Specifications and other Contract Documents; and he further proposes and agrees to complete all the Work called for by the Drawings, Project Specifications, and other Contract Documents in strict conformity therewith within the time limits set forth therein; and that he will accept as full payment therefore the prices set forth in the BID SCHEDULE forming a part hereof.
The undersigned hereby submits either a Bid Bond or Bid Security in the form of Cash, a Cashier's Check, or a Certified Check, using the forms included in these Bid Documents, properly made payable to CITY O VISTA, hereinafter designated as the Agency,in an amount that is at least ten percent(10%) ofthetotal base bid amount. The Bid Bond or Bid Security is attached hereto and is given as a guaranty that the undersigned will execute the Contract and furnish the required bonds if awarded the Contract and, in case of failure to do so within the time provided,the proceeds of said bond or bid security shall be forfeited to the Agency. The Surety's liability to the Agency for forfeiture of the face amount of the bond shall be considered as established.
It is understood and agreed that:
1. The undersigned has carefully examined all Bid documents and other Documents which will form the Contract, including all addenda as prepared prior to the date of bid opening setting forth any modifications or interpretations of any said documents.
2. The undersigned has, by investigating the site of work, by reviewing and analyzing the Plans and Specifications, and by otherwise familiarizing himself with the Project, has satisfied himself as to the nature and location of the Work and has fully informed himself as to all conditions and matters which can in any way affect the Work or the cost thereof.
3. The undersigned fully understands the scope of the Work and has included in the various related items of Work the cost of all work not listed as a separate item so that the Bid for the Project reflects the total cost for completing the Work in its entirety, has checked carefully all words and figures inserted in this Bid, and he further agrees that the Agency shall in no way be responsible for any errors or omissions in the preparation of this proposal. 22 11/15/2022 C7 8 of 40
4. The undersigned will execute the Contract and furnish the required Performance Bond, Payment Bond,and proof of insurance coverage within the stipulated time after the posting of a notice to him of acceptance of his bid by the Agency; and further, that this bid may not be withdrawn for a period of ninety(90)calendar days after the date set for the opening thereof unless otherwise required by law. if any bidder shall withdraw his bid within said period, the bidder shall be liable under the provisions of the Bid Security, or the bidder and his surety shall be liable under the Bid Bond, as the case may be.
5. The surety or sureties and insurance companies named in the space provided have agreed to furnish bonds, insurance,and endorsements in the form and amounts setforth in the Contract Documents in the event the Contract is awarded on the basis of this proposal.
6. The undersigned hereby certifies that this proposal is genuine and not sham or collusive or made in the interest or in behalf of any person not herein named, and the undersigned has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other person,firm or corporation to refrain from bidding,and the undersigned has not in any manner sought by collusion to secure for himself an advantage over any other bidder.
7. In conformance with current statutory requirements of Section 1860, et. seq., of the Labor Code of the State of California, the undersigned confirms the following as his certification:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."
8. Receipt of Addenda No._through_is hereby acknowledged. (If none, write "NONE").
Wb IN le
9. In compliance with the Notice Inviting Bids and all the provisions hereinbefore stipulated,the undersigned, with full cognizance thereof, hereby proposes to perform the entire work for the prices set forth in the attached BID SCHEDULE upon which award of the Contract is made.
Continued on next page)
23 11/15/2022 C7 9 of 40
DATE: Sept 7th 20 22 BIDDER'S NAME Eagle Paving Company, Inc.dba Toro Engineering
BY
Sign ure
Joel Batule
Printed Name
TITLE President
BY
Signature
Marisa Garland
Printed Name
CFO
TITLE
CORPORATE SEAL) BIDDER'S MAILING ADDRESS:
Name and address of all members 13915 Danielson St Ste 201 Poway CA 92064 of the firm or names of all officers
of the corporation.
CORPORATION ORGANIZED UNDER THE LAWS
Joel Batule-President
OF THE STATE OF
Marisa Garland-CFO
CONTRACTOR'S LICENSE#
EXPIRATION DATE.
CONTRACTOR'S LICENSE CLASS
SURETY OR SURETIES:
INSURANCE COMPANY:
I certify(or declare) under penalty of-pedury under the laws of the State of California that the foregoing is true and correct:
9/7/2022 1 4A
Date CONTI TOR'S SIGNATURE
24 11/15/2022 C7 10 of 40
BID SCHEDULE
To be completed through the City's Electronic Bidding System (ProcureNow) Pursuant to and in compliance with the Notice Inviting Bids and other Contract Documents relating to the proposal for the construction of
STREET IMPROVEMENTS
as specifically set forth in documents entitled
STREET REHABILITATION PROJECT 2022 (CIP No.5225)
all in accordance with the Plans and Project Specifications on file at the City of Vista Engineering Department, the undersigned bidder, having familiarized himself with the terms of the Contract,the local conditions affecting the performance of the Contract and the cost of the Work at the place the Work is to be done; and with the Plans, Project Specifications and other Contract Documents, hereby stipulated;the Contractor agrees to complete the Contract, including all of its component parts and everything required to be performed, and to provide and furnish any and all labor, materials, tools, equipment, expendable supplies and all utility and transportation services necessary to perform the Contract, and complete in a workmanlike manner all of the Work required in connection with the Contract, all in strict conformance with the Plans and Project Specifications on file at the City of Vista Engineering Department.
All items shall be finished and functional per Plans and the Contract Documents. Items designated with an `S' in the Bid Item column of the Bid Schedule are Specialty Items per Subsection 2-3.2 ("Self Performance")of the San Diego Regional Supplement to the Green book. 25 11/15/2022 C7 11 of 40
Bid Items For
STREET REHABILITATION PROJECT 2022 (CIP No. 8225)
TO BE COMPLETED THROUGH THE CITY'S ELECTRONIC BIDDING SYSTEM
PROCURENOW)
NOTE I: The Bid Schedule Worksheet on pages 27 and 28 are only provided provided as a reference for preparing, the bid. Only the unit prices and totals entered in the PROCURENOW bidding s tem will be considered valid for purposes of the City's bid evaluation. The low bidder bid schedule from PROCURENOW will be printed and inserted into the final contract documents.
Note 2: Unit rices shall prevail over extended total and grand total prices. Late bids will not be accepted.
The following"Description of Base Bid Items" is part of the Bid Schedule and shall be submitted with the bid. 26 11/15/2022 C7 12 of 40
BID SCHEDULE WORKSHEET
Provided for reference only,see NOTE 1 page 26 above)
STREET REHABILITATION PROJECT 2022 (C.LP. No.8225)
BID SCHEDULE TO BE COMPLETED THROUGH THE CITY'S ELECTRONIC BIDDING SYSTEM
PROCURENOW)
Base Bid Items
Bid
Description Of Work
Item p Qty.Unit Unit Price item Total
GENERAL
1 Mobilization & Demobilization
1 LS
5% maximum of Total Base Bid)
2 Project Information Sign 2 EA
3 Public Notification per Supplementary
1 LS
General Provisions, Section 7-12.2
4 Storm Water Pollution Prevention and
1 LS
Erosion Control
5 Traffic Control and Construction Staging 1 LS
6 Variable Message Board 4 EA
ASPHALT PAVEMENT REHABILITATION
7 7-foot Wide Header Cut(1.5-inch to 0-inch)24,950 SF
8 2-inch Deep Cold Mill 114,562 SF
9 4-Inch Deep Dig Out 890 SF
10 2-inch Thick Leveling Course 365 TN
11 AC Fabric (Petromat Enviro) Appendix G 19,128 SY
12 AC Overlay(1.5-inch &2-inch Thick).
2094 TN
C2-PG 64-10 RAP
UTILITY AND MONUMENT COVER ADJUSTMENTS
27 11/15/2022 C7 13 of 40
Bid
Description Of Work Qty.Unit Unit Price Item Total
Item
13 Adjust 24-inch Manhole to Finish Grade 1 EA
14 Adjust 36-inch Manhole to Finish Grade 1 EA
15 Adjust Water Valve Cover to Finish Grade
56 EA $150.00 $61,950.00
stipulated amount)
16 Adjust Gas Valve Cover to Finish Grade 1 EA
TRAFFIC
17 Replace Existing Traffic Signal Inductive 12 EA
Loop Detectors
18 Replace All Existing Striping(2 coats) 1 LS
Replace All Existing Thermoplastic
19 Crosswalks, Stop Bars, Legends, and 1 LS
Arrows
NOTE: Determination of the lowest bid shall be based solely on the lowest TOTAL BASE BID FOR IMPROVEMENTS. Unit prices shall prevail over extended total and grand total prices. Late bids will not be accepted.
Alternate Bid Items
Bid
Item
Description Qty. Unit Unit Price Item Total
20 Pacific Geosource Forta-Fi Fibers (Appendix G)
19,128 SY
If accepted will replace Bid Item No. 11
NOTE: Determination of the lowest bid shall be based solely on the lowest TOTAL BASE BID FOR IMPROVEMENTS and not the alternative bid items. Alternative Bid Items are not required. Unit prices shall prevail over extended total and grand total prices. Late bids will not be accepted.
BID SCHEDULE WORKSHEET - END
Provided for reference only,see NOTE 1 page 26)
BID SCHEDULE TO BE COMPLETED THROUGH THE CITY'S ELECTRONIC BIDDING SYSTEM
PROCURENOW)
28 11/15/2022 C7 14 of 40
A. Description of Base Bid Items:
GENERAL
Bid Item 1 - Mobilization & Demobilization: Bid item shall include full compensation for all bonds, insurance, sureties, licenses, permits, facilities, labor, equipment and material necessary to complete all work required in advance of construction operations, and upon the initiation of construction operations, to mobilize all required equipment, materials and personnel on-site, and complete all associated and appurtenant work in accordance with the Standard Specifications, the Supplementary General Provisions, and as directed by the Engineer. The Bid Item shall also include all labor, equipment and material required to clean-up and restore the site, demobilize and remove all equipment, materials, and staging, and complete all work required atthe end of construction operations in accordance with the Standard Specifications, the Supplementary General Provisions, and as directed by the Engineer. The lump sum price for this item shall not exceed 5%of the total contract price (5% maximum of Total Base Bid).
Bid Item 2 - Project Information Sign: Bid item shall include full compensation for labor, materials and equipment to fabricate, install and maintain 44 project information signsto be mounted to Variable Message Boards to notify the public and motorists of the project being constructed. For this project, the VMBs with attached Project Information Signs will be used on W. Vista Way, Thibodo Road, and Mercantile Street. An example of a past project information sign can be found in the appendix. A current project information sign will be provided at the Pre-Construction Meeting.
Bid Item 3 - Public_Notification per Supplementary General Provisions, Section 7-12.2: Bid Item includes all public notifications in accordance with Section 7-12.2 of the Supplementary General Provisions,the Standard Specifications,the Supplementary General Provisions, and as directed by the Engineer,any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.
Bid Item 4-Storm Water Pollution Prevention and Erosion Control: Bid item shall include full compensation for submitting the required storm water permit(located in the appendix) including all labor, equipment and materials required to complete all work necessary to install, maintain, repair and replace all temporary construction BMPs to prevent the discharge of any materials into the storm drain system. No additional compensation will be made.
Bid Item 5 - Traffic Control and Construction Staging: Bid item shall include full compensation for all labor, equipment and materials required to complete all work required to prepare,submit and obtain approved (site specific) Traffic Control Plans from the City of Vista Traffic Engineering Department; implement traffic control including flagging costs and person(s) to safely control pedestrian and vehicular traffic), furnish tools, equipment and incidentals, and for doing all work involved in staging constructing, furnishing, placing, removing, storing, maintaining, moving to new locations, replacing and disposing of the components of the traffic control system (including traffic control devices, temporary steel plate bridging, temporary road resurfacing); installation and removal of all required temporary striping and signing associated and appurtenant work as specified in the Standard Specifications, the Supplementary General Provisions, and as directed by the Engineer.
Bid Item 6 - Variable Message Board: Bid item shall include full compensation for labor, materials and equipment to place, install and maintain project changeable message boards and associated cones or other traffic control required to protect signs that will warn and inform motorist, pedestrians and the general public to use alternate routes and other information as directed by the Engineer. Multiple mobilizations and demobilization will be required based on the work being performed on a major street. Variable message boards shall be placed in both directions on W. Vista Way, Thibodo Road, and Mercantile Street 5 days in advance of construction and through the duration of the street rehabilitation work under this bid item. Project 29 11/15/2022 C7 15 of 40
Information Signs shall be mounted to two Variable Message Boards payable under Bid Item No. 2. No additional compensation will be made.
ASPHALT PAVEMENT REHABILITATION
Bid Item 7 -7-foot Wide Header Cut (1.5-inch to 0-inch): Bid item shall include full compensation for all labor, equipment, material, and mobilization for the milling, removal, and disposal of existing AC pavement adjacent to existing PCC curb and gutter, PCC cross gutters, AC driveways, AC berms, and existing pavement.
The cold milling will be from O-inch to a depth of 1-5-inches to provide a smooth 7'transition and match the existing improvements boundingthe sides of the street. Where the street being rehabilitation intersects with another street or continuation of the same street the Header Cut shall taper for 15-feet. The Work shall include milling, removal, hauling, disposal, and associated work, in accordance with Section 302-1 of the Supplementary General Provisions, the Standard Specifications,the Supplementary General Provisions, and as directed by the Engineer, called for in the plans and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.
Bid Item S 2-inch Deep Cold Mill: Bid item shall include full compensation for all labor, equipment, material, and mobilization for the removal of 2-inches of existing AC pavement.The Work shall include milling, removal, hauling, disposal, and associated work, in accordance with Section 302-1 of the Supplementary General Provisions, the Standard Specifications,the Supplementary General Provisions, and as directed by the Engineer, called for in the plans and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.
Bid Item 9 - 4-inch Deep big Out: Bid item shall include full compensation for all labor, equipment, material, and mobilization for removal of 4-inches of existing street section (below the 2-inch deep cold mill) and installation of asphalt concrete pavement. The Work shall include, but may not necessarily be limited to removal, hauling and disposal of 4-inches of existing street section, and installation of PG64-10 hot mix asphalt concrete pavement including, tack coat, distribution, spreading, rolling, compacting, joining, and appurtenant work, in accordance with Section 302-5.9 of the Supplementary General Provisions,the Standard Specifications,the Supplementary General Provisions, and as directed by the Engineer, called for in the plans and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.
Bid Item 10 - 2-inch Thick Leveling Course: Bid item shall include full compensation for all labor, equipment, material, and mobilization for the placement of asphalt concrete pavement. The Work shall include, but may not necessarily be limited to filling of milled areas, regrading necessary to provide a smooth finish surface providing positive drainage, restore roadway crown, and associated work, in accordance with Section 302-5 203-6.1.1 AC Leveling Course of the Supplementary General Provisions,the Standard Specifications,the Supplementary General Provisions, and as directed by the Engineer, called for in the plans and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.
AC Leveling Course shall be a Type III Asphalt Concrete Mixture. Type III asphalt concrete mixtures shall be designated by type(III), class of combined aggregate gradation and performance grade of paving asphalt, e.g. "III-C3-PG 64-10." The type, class, and grade shall be as shown on the plans or specified in the Special Provisions.
On the Street Rehabilitation Project 2022,the asphalt concrete mixture used for the leveling course shall be Type III-C3-PG 64-10.
Bid Item 11 - AC Fabric: Bid item shall include full compensation for all labor, equipment, material, and mobilization for the placement of asphalt concrete paving fabric. Asphalt concrete paving fabric shall be Petromat Enviro, see Appendix G. The Work shall include, but may not necessarily be limited to installing hot 30 11/15/2022 C7 16 of 40
tack coat, providing and installing pavement fabric with required overlaps. filling of milled areas, regrading necessary to provide a smooth finish surface providing positive drainage, restore roadway crown, and associated work, in accordance with Section 302-7 of the Supplementary General Provisions, the Standard Specifications,the Supplementary General Provisions,and as directed by the Engineer, called for in the plans and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.
Bid Item 12 - AC Overlay (1.5 and 2-inch Thick): Bid item shall include full compensation for all labor, equipment, material, and mobilization for installation of 1.5-inch and 2-inch surface course (as specified per street) C2-PG 64-10 RAP, compacted in place. The final AC surface will be completed to provide a clean, uniform, and finished look throughout the project limits. The Work shall include, but may not necessarily be limited to tack coat or trackless tack coat, distribution,spreading, rolling, compacting,joining, associated and appurtenant work, in accordance with Section 302-5.9 of the Supplementary General Provisions,the Standard Specifications,the Supplementary General Provisions,and as directed by the Engineer, called for in the plans and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.
UTILITY AND MONUMENT COVER ADJUSTMENTS
Bid Item 13 -Adjust 24-inch Manhole to Finish Grade: Bid item shall include full compensation for all labor, equipment and material required to adjust existing 24-inch manholes to flush and even with final finish pavement surfaces, including concrete collar(the collar grade elevation shall be 1.5-inches to 2-inches below the AC overlay),and all associated and appurtenant work in accordance with the Standard Specifications,the Supplementary General Provisions, and as directed by the Engineer and any other related work shall be considered as in the costs of other work. No additional compensation will be made.
Bid Item 14 -Adiust 36-inch Manhole to Finish Grade: Bid item shall include full compensation for all labor, equipment and material required to adjust existing 36-inch manholes to flush and even with final finish pavement surfaces, including concrete collar(the collar grade elevation shall be 1.5-inches to 2-inches below the AC overlay), and all associated and appurtenant work in accordance with the Standard Specifications,the Supplementary General Provisions, and as directed by the Engineer and any other related work shall be considered as in the costs of other work. No additional compensation will be made.
Bid Item 15 - Adjust Water Valve Cover to Finish Grade (stipulated amount): Bid item shall include full compensation for all labor, equipment and material required to adjust existing water valve covers flush and even with final and temporary finish surfaces per VID Specifications and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made. If this work is performed by VID forces the Contractor will not be entitled to perform this work. This Bid Item is not subject to Section 3 Changes In Work.
Bid Item 16 -Adiust Gas Valve Cover to Finish Grade: Bid item shall include full compensation for all labor, equipment and material required to adjust existing gas valve cover flush and even with final finish pavement surfaces, including all associated and appurtenant work in accordance with the Standard Specifications, the Supplementary General Provisions, and as directed by the Engineer and any other related work shall be considered as in the costs of other work. No additional compensation will be made.
TRAFFIC
Bid Item 17-Replace Existing Traffic Signal Inductive Loop Detectors: Bid item shall include full compensation for all labor, equipment and material required to document all existing traffic signal inductive loop detectors, and replace them at the same locations, and any other related work shall be considered as included or included in the costs of other work in accordance with Section 307-17.7.3 of the Supplementary General 39 11/15/2022 C7 17 of 40
Provisions, the Standard Specifications, the Supplementary General Provisions, and as directed by the Engineer. Bid item shall include full compensation for all labor,equipment and material required to replace all traffic signal inductive loop detectors as directed by the Engineer,shown on the plans for City of Vista Standard Drawing TRF-05 Standard Loop Detector Layout and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.
Bid Item 18 - Replace All Existing Striping (2 coats): Bid item shall include full compensation for all labor, equipment and material required to document all existing traffic striping, pavement markings, and replace it at the completion of the street rehabilitation with 2 coats of paint, and any other related work shall be considered as included or included in the costs of other work in accordance with Section 314-4 of the Supplementary General Provisions, the Standard Specifications, the Supplementary General Provisions, and as directed by the Engineer. Bid item shall include full compensation for all labor, equipment and material required to provide all traffic striping and markings as directed by the Engineer, and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.
Bid Item 19 - Replace All Existing Thermoplastic Crosswalks, Stop Bars. Legends, and Arrows: Bid item shall include full compensation for all labor,equipment and material required to document all existing thermoplastic crosswalks, stop bars, legends and arrows pavement markings prior to cold milling or paving operations, and replace it at the completion of the street rehabilitation, and any other related work shall be considered as included or included in the costs of other work in accordance with Section 314 of the Supplementary General Provisions, the Standard Specifications, the Supplementary General Provisions, and as directed by the Engineer. Bid item shall include full compensation for all labor,equipment and material required to provide all thermoplastic as directed by the Engineer, and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.
Alternate Bid Items
Bid Item 20 - Pacific Geosource Forta-Fi Fibers: This bid item if selected as an alternate material solution would be in lieu of using AC fabric. Bid item shall include full compensation for all labor,equipment, material, and mobilization for addition of Pacific Geosource Forta-Fi Fibers (Appendix G) to the AC mix at the plant per the manufacturers specifications and recommendations. If the unit cost of this item is acceptable to the Engineer, this item will be added to the project and Bid Item No. 11 - AC Fabric will be deleted via contract change order. No additional compensation will be made.
B.Street Rehabilitation Work Required By Street Segment:
On the Street Rehabilitation Project 2022, the Contractor shall install asphalt concrete by the end of the day in which the street received a 2-inch cold mill. No streets shall be left in a cold milled conditJon.by the end of the workday under the specified working hours for that street. Header cuts are acceptable to be left overnight, in which,temporary AC ramping may be required.
Mercantile St from 360'east of Guajome St to Pala Vista Dr,Thibodo Road from Sycamore Avenue to Thibodo Court:Streets shall be cold milled 2-inches maintaining existing drainage patterns, have paving fabric installed over hot tack coat, and shall receive 2-inch AC overlay.
La Mirada Drive from Sycamore to 170'east:
Street is marked showing areas of dig outs in rutted area. Remove 4-inches of street section at marked locations (in addition to the 2" cold milled layer). Dig outs shall be replace with 4-inches of AC. Streets shall be cold milled 2-inches,tack coat, and shall receive 2-inch AC overlay. No paving fabric required.
W.Vista Way from Cedar Road to Nettleton Road:
32 11/15/2022 C7 18 of 40
Street is marked showing areas of dig outs near NCTD bus stop. Remove 4-inches of street section as a dig out at marked locations (in addition to the 2" cold milled layer). Streets shall be cold milled 2-inches, have paving fabric installed over hot tack coat, and shall receive 2-inch AC overlay.
Redlands Street from 30'south of W.California Ave to W.Connecticut Ave,Carmel Circle from Anza Ave to cul- de-sac, Monterey Lane from Anza Ave to San Luis Rey Ave:
Streets shall have 7-foot-wide header cut (1.5" to 0") required along gutter lip and 15-feet wide where street joins perpendicular street. Approximately, 2-inches of leveling course shall be installed between header cuts to fill cracks, smooth the surface, and to develop crown. Paving fabric shall be installed over hot tack coat from gutter lip to gutter lip with overlaps. 1.5-inches of AC to be overlaid over paving fabric. 33 11/15/2022 C7 19 of 40
CONTRACTOR'S LICENSING STATEMENT
The undersigned is licensed in accordance with the laws of the State of California providing for the registration of Contractors.
Contractor's License Number:
944939
Contractor's License Class: A/C-12
Expiration Date: 03-31-2024
As described in the INSTRUCTIONS FOR SIGNING BIDS, BONDS AND CONTRACTS, complete and sign the appropriate section for your company)
Name of Individual Contractor(Print or type):
Signature of Contractor:
Business Address-
or
Name of Partnership or Joint Venture Firm:
Business Address:
Signature, printed name,title and add of members signing on behalf of the partnership:
Signature: Name: Title:
Ad d ress:
Signature ;;
Fo
Name: Title:
ss:
or
Name of Corporation:Eagle Paving Company, Inc.dba Toro Engineering Business Address: 13915 Danielson St Ste 201 Poway CA 92064 Corporation organized under the laws of the State of California i Joel Batule-President
Signature Off' of orpa ation Printed Name and Title Marisa Garland-CFO
Signature nMq1r.1e'T of Corponationl Printed Name and Title 34 11/15/2022 C7 20 of 40
PROJECT REFERENCES
The Bidder shall provide evidence that the Bidder has had the prior experience to properly perform in accordance with the terms of these Plans and Project Specifications.
List ALL contracts with public agencies entered within the past five (5)years of the most recent projects for which the Bidder has completed work of similar size and complexity to this project as the General (or Prime) Contractor, and the names and phone numbers of the contracting public agencies. Make copies of this page for listing additional projects.
Project
Date Completed
Public Agency Name, Project Name and Description of Contract Amount No. Contact Person&Phone Work
1.SEE ATTACHED
2. 3.
4. 5.
6. 7.
Note: Attached pre-printed list to this page to list additional projects. 35 11/15/2022 C7 21 of 40
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CONTRACTOR'S LIST OF SUBCONTRACTORS
PROJECT NAME: STREET REHABILITATION PROJECT 2022(C.I.P. No.8225) NAME OF BIDDER: Eagle Paving Company, Inc. dba Toro Engineering In accordance with Division 2, Part 1, Chapter 4 of the Public Contract Code,the prime Contractor shall submit with its Bid a list of subcontractors who will perform work in excess of one-half of one percent (0.5%) of the prime Contractor's total Bid or $10,000, whichever is greater, Subcontractors listed must be properly licensed for the type of work they are to perform,and their license numbers must be indicated below. Do not list alternate subcontractors for the same work.
Name under which License No. Address of Office, DBE Bid Description of Dollar Value
Subcontractor is licensed and Class Mill or Shop Yes/No) Item Subcontractor's of
No(s). Portion of Work Subcontract
s[41 wiDti NSb P,0 001) y 5 [%-Iq MPINJ 'G,700-01C sll iPa h1 c ber to
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Provide additional copies of this sheet if needed)
36 11/15/2022 C7 23 of 40
NON-COLLUSION DECLARATION
STREET REHABILITATION PROJECT(C.I.P. No.8225)
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
The undersigned declares:
I am the President of Eagle Paving Company, Inc.dba Toro the party making the foregoing bid.
Title) Company Name) Engineering
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership,joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute,this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on
09-07-2022 at San Diego California
Date) City) State)
Signature
Joel Batule
Printed Name
President
Title
37 11/15/2022 C7 24 of 40
BID SECURITY FORM
For Cash or Checks)
Nate: This form is to be used when the Bidder chooses to submit cash or a check instead of a bid bond as bid securi Cash or a cashier's or certified check in the amount of notless than ten percent(10%)of the total Base Bid must accompany the bid.
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Vista("Agency") has issued an invitation for bids for the work described a llows:
STREET IMPROVEMENTS
as specifically set forth in documents entitled
STREET REHABILITATION PROJECT 2022(CIP o.8225)
WHEREAS
db
e,address,and telephon umber of Bidder)
the undersigned bidder("Bidder"), has ted the accomp ing bid to Agency for the work.
WHEREAS, bidders are required under visions of th ista Municipal Code to furnish a form of bidder's security with their bid.
NOW,THEREFORE,the undersigned Bidheld a irmly bound unto Agency in the penal sum not less than ten percent 10%)of the total base bid amount,in lone f the United States of America in the form of*Cash, *a Certified Check, a Cashier's Check(*Strike out the inappw s)for the payment of which sum we bind ourselves, our heirs, executors, administrators,successors, and assignsnd severally,firmly by these presents.
THE CONDITION OF THIS OBLIGATION THAT, if the Bidder shali not withdraw said bid within the period specified in the bidding specification, or if no peripecified, for ninety (90)calendar days after the bid opening; or if the Bidder does not attempt to withdraw the bithe requirements of Public Contract Code §5101 et seq. are not met; or if the Bidder is awarded a contract for work by Agency and, within the time and in the manner required by the bidding specification,or if no period be cified,within ten(10)working days after the Contract is awarded,enters into the written form of contract included wit idding specification, furnishes the required bonds, one to guarantee faithful performance and the other to guarante ayment for labor and materials, and furnishes the required insurance coverages, then this obligation shall become and void and the cash or check shall be returned to Bidder; otherwise,the proceeds of the cash or check shall become property of the Agency and the Bidder shall have no further interest therein.
Text and signature ontinued on next page.]
38 11/15/2022 C7 25 of 40
In case suit is brought against the Bidder based on this obligation, Bidder further agrees to pay all court co incurred by Agency in the suit and reasonable attorneys'fees in an amount fixed by the court.
IN WITNESS WHEREOF, this instrument has been duly executed by Bidder on the date set forth belo he name of each corporate officer being hereto affixed, and these presents duly signed by its undersigned represe tive(s) pursuant to authority of its governing body.
Dated:
Bidder
By:
Its
By:
Its
Seal)
This form must be dated alf signatures must b otarized,and evidence of the authority of any person signing us attar -in-fact must be attached.
39 11/15/2022 C7 26 of 40
BID SECURITY FORM
BID BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
The City of Vista ("City") has issued an invitation for bids for the work described as follows:
STREET IMPROVEMENTS
as specifically set forth in documents entitled
STREET REHABILITATION PROJECT 2022(CIP No. 8225)
EAGLE PAVING COMPANY, INC. DBA TORO ENGINEERING
13915 DANIELSON STREET, SUITE 201, POWAY, CA 92064, 858/486-6400 Name,address,and telephone number of Bidder)
the undersigned bidder("Principal"), has submitted the accompanying bid to City for the work.
Bidders are required under the provisions of the Contract to furnish a form of bidder's security with their bid.
NOW, THEREFORE, we, the undersigned Principal, and
NATIONWIDE MUTUAL INSURANCE COMPANY
500 NORTH BRAND BOULEVARD, SUITE. 2000, GLENDALE, CA 91203, 715/530-3481 Name,address,and telephone number of surety)
Surety") a duly admitted surety insurer under the laws of the State of California,as Surety,are held and firmly bound unto City in the penal sum not less than ten percent (10%) of the total base bid amount, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors,and assigns,jointly and severally,firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal shall not withdraw said bid within the period specified in the bidding specification,or, if no period be specified,for ninety(90)calendar days after the bid opening; or if the Principal does not attempt to withdraw the bid when the requirements of Public Contract Code§5101 et seq.are not met; or if the Principal is awarded a contract for the work by City and, within the time and in the manner required by the bidding specification,or if no period be specified,within ten(10)working days after the Contract is awarded,enters into the written form of contract included with bidding specification, furnishes the required bonds, one to guarantee faithful performance and the other to guarantee payment for labor and materials, and furnishes the required insurance coverages, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
In case suit is brought upon this bond,Surety further agrees to pay all court costs incurred by City in the suit and reasonable attorneys'fees in an amount fixed by the court.
Surety, for value received, hereby stipulates and agrees that no change, extension of time for award of a contract after opening of bids, alteration, addition, modification, or supplement to the terms of the bidding documents, the work to be performed thereunder, or the Contract Documents shall in any way affect Surety's obligations under this Bond, and Surety does hereby waive notice of any such change,extension of time,alteration,addition, modification or supplement to the terms of said Bidding Documents, the Work to be performed thereunder, or the Contract Documents. Surety hereby waives the provisions of California Civil Code§§2819,2845,and 2849. City is an intended beneficiary of this bond and has all rights of a party thereto.
Text and signatures continued on next page.]
40 11/15/2022 C7 27 of 40
IN WITNESS WHEREOF,this instrument has been duly executed by Principal and Surety,on the date set forth below,the name of each corporate party being hereto affixed, and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated: SEPTEMBER 7, 2022
Principal"Surety"
EAGLE PAVING COMPANY, INC. NATIONWIDE MUTUAL INSURANCE COMPANY
DBA TORO ENGINEERING
By:
r1
By: C)AgiE;
Signat re Signature
JOEL BATULE, PRESIDENT MARK D. IATAROLA, ATTORNEY-IN-FACT Name and Title Name and Title
By: By:
Signature Signature
Name Name
Seal) Seal)
This bond must be dated,aft signatures must he notarized,and evidence of the authority of any person signing as attorney-in fact must be attached.
41 11/15/2022 C7 28 of 40
CLEAR
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California
County of San Diego
On &0 her 1417012 before me, Lavina Rich, Notary Public Date Here Insert Name and Title of the Officer
Personally appeared i Bd [*,
Name(4 of SignerC4
who proved to me on the basis of satisfactory evidence to be the person(/whose name(o)is/wfesubscribed to the within instrument and acknowledged to me that he/4e444ay executed the same in his/ ixirauthorized capacityW,and that by his/lkeir signatureA on the instrumentthe person(A,or the entity upon behalf of which the person acted,executed the instrument.
I certify under PENALTY OF PERJURY underthe laws of the State of California that the foregoing paragraph is true and correct.
4 ALCi H LAVINA RICH WITNESS my hand and offici I seal.
W Notary Public-California xCJ
San Diego County ;:
Commission#2315194 Signature
M f Comm.Expires Dec 10,2023
Si tore of Notary Public
Place Notary Seal Above
OPTIONAL------------------------------------------------------------------ Though this section is optional,completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document S Document Date 91tiAl2.2-
Number of Pages I Signer(s)OtherThan Named Above N JA
Capacity(ies) Claimed by Signer(s)
Signer's Name Signer's Name
Corporate Officer—Titles) PreSlldent/Ce ®Corporate Officer—Titles) n Partner Q Limited []General Partner ®Limited ®General 0 lndividuai 71 Attorney in Fact Individual [:]Attorney in Fact Trustee 0 Guardian or Conservator E]Trustee [:]Guardian or Conservator Other Other
Signer Is Representing Signer Is Representing
11/ '6/ naINotaryAssociation • www.Nationalplo; ary.org•1-800-US NOTARY(1-800-876-6827!ymf599,7
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189
A notary public or other officer completing this certificate verifies onlythe identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California 1
County of SAN DIEGO J}
On 9/7/2022 before me, TRACY LYNN RODRIGUEZ, NOTARY PUBLIC Date Here Insert Name and Title of the Officer
personally appeared MARK D. IATAROLA
Nome(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s)whose names}isla*e-subscribed to the within instrument and acknowledged to me that he/q executed the same in his/+v + authorized capacity(kes), and that by his/herAheii signature(s) an the instrument the person(.&), or the entity upon behalf of which the person(a) acted, executed the instrument. l certify under PENALTY OF PERJURY under the
RWRZI TRACY LYNN ROONIGUEZ laws of the State of California that the foregoingCOMM,#2318838 paragraph is true and correct.SAS#OIEGO COUNTY
NOTARY PUBLIC-CAIIFORNIAZ
WITNESS my hand and official seal.MY COMMISSION EXPIRES JANUARY 11,2024
Signature
Place Notary Seal and/or Stomp Above nat of No Public
OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: MARK D. IATAROLA Signer's Name:
Corporate Officer—Title(s): Corporate Officer—Title(s):
d Partner— Limited © General Partner— Limited General Individual M Attorney in Fact Individual Attorney in Fact Trustee Guardian of Conservator Trustee Guardian of Conservator Other: Other:
Signer is Representing: Signer is Representing:
02017 National Notary Association
11/15/2022 C7 30 of 40
Power of Attorney
KNOW ALL MEN BY THESE PRESENTS THAT:
Nationwide Mutual Insurance Company,an Ohio corporation hereinafter referred to severally as the"Company"and collectively as"the Companies"does hereby make,constitute and appoint:
HELEN MALONEY;JOHN G MALONEY:MARK D IATAROLA;SANDRA FIGUEROA;TRACY LYNN RODRIGUEZ-, each in their individual capacity,its true and lawful attorney-in-fact,with full power and authority to sign,seal,and execute on its behalf any and all bonds and undertakings,and other obligatory instruments of similar nature,in penalties not exceeding the sum of
UNLIMITED
and to bind the Company thereby,as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company;and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed.
This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company:
RESOLVED,that the president,or any vice president be,and each hereby is,authorized and empowered to appoint attorneys-in-fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds,forms,applications,memorandums,undertakings, recognizances,transfers,contracts of indemnity, policies,contracts guaranteeing the fidelity of persons holding positions of public or private trust,and other writings obligatory in nature that the business of the Company may require;and to modify or revoke,with or without cause,any such appointment or authority;provided,however,that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company."
RESOLVED FURTHER,that such attorneys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them,and to affix the seal of the Company thereto;provided,however,that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company.
Execution of Instruments.Any vice president,any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents,instruments,contracts,or other papers in connection with the operation of the business of the company in addition to the chairman of the board,the chief executive officer,president,treasurer or secretary;provided,however,the signature of any of them may be printed,engraved,or stamped on any approved document,contract,instrument,or other papers of the Company.
IN WITNESS WHEREOF,the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 20th day of August,2021, A10-
Antonio C.Albanese,Vice President of Nationwide Mutual Insurance Company
ACKNOWLEDGMENT
STATE OF NEW YORK COUNTY OF NEW YORK:ss
r On this 20th day of August,2021,before me came the above-named officer for the Company aforesaid,to me personally known to be the officer described in and who executed the preceding instrument,and he acknowledged the execution of the same,and being by me duly sworn,deposes and says,that he is the officer of the Company aforesaid,that the seal affixed rrjriyi
APF
hereto is the corporate seal of said Company,and the said corporate seal and his signature were duly affixed and subscribed to said instrument by the authority and direction of said Company.
Stephanie RState fvlc
New YNotaryPublic,Stale of New York
No,02MC6270117
Qualified in New York County Notary P.M.
Commission Expires October 19 2024 My Commission Fzpims 0cioher 19,2024
CERTIFICATE
I, Laura B.Guy,Assistant Secretary of the Company,do hereby certify that the foregoing is a full,true and correct copy of the original power of attorney issued by the Company;that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner;that said Antonio C.Albanese was on the date of the execution of the foregoing power of attorney the duly elected officer of the Company,and the corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors;and the foregoing power of attorney is still in full force and effect.
IN WITNESS WHEREOF,I have hereunto subscribed my name as Assistant Secretary,and affixed the corporate seal of said Company this 7TH day of SEPTEMBER 2022
Assistant Secretary
BDJ 1(08-21)00
11/15/2022 C7 31 of 40
CONTRACTOR'S CERTIFICATE
STREET REHABILITATION PROJECT 2022 (C.I.P. No.8225)
CONTRACTOR'S CERTIFICATE PURSUANT TO
SECTION 1861 OF THE LABOR CODE
I am aware of the provisions of Section 3700 of the Labor Code that requires every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code,and I will comply with such provisions before commencing the performance of the Work of this Contract.
Eagle Paving Company, Inc.dba Toro Engineering
Name of Contra t
By:
Signat e
Joel Batule
Printed Name
President
Title
09-07-2022
Date
By:4sire
Marisa Garland
Printed Name
CFO
Title
09-07-2022
Date
50 11/15/2022 C7 32 of 40
NON-COLLUSION DECLARATION FOR SUBCONTRACTORS
STREET REHABILITATION PROJECT 2022 (C.I.P. No.8225)
TO BE EXECUTED BY EACH AWARDEE OF A SUBCONTRACT
The undersigned declares:
Eagle Paving Company, Inc. dba
I am the President of Toro Engineering the party making the foregoing bid.
Title) Company Name)
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization,or corporation.The bid is genuine and not collusive or sham.The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid.The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding.The bidder has not in any manner,directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder.All statements contained in the bid are true.The bidder has not,directly or indirectly,submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
The provisions of this declaration shall not be held as disqualifying a person,firm or corporation who has submitted a sub-proposal to one bidder from submitting separate sub-proposals or quoting prices for materials or work to other bidders.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on
Sept 7th 2022 at San Diego
California
D.at City) State)
Signatur '
Joel Batule
Printed Name
President
Title
51 11/15/2022 C7 33 of 40
Bond No.
Premium: $
Effective Date:
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
The City of Vista ("City") has awarded a contract (the "Contract")with Eagle Paving Company, Inc. ("Principal") as follows:
Street Rehabilitation Project 2022 (CIP No. 8225),
which Contract, and all Contract Documents set forth therein, are incorporated herein and made a part thereof by this reference.
Principal is required under the terms of the Contract to furnish a bond guaranteeing the prompt, full, and faithful performance of the Contract concurrently with delivery of the signed Contract to City.
NOW, THEREFORE, we, the undersigned Principal, and
Name, address,and telephone number of Surety)
Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto City in the penal sum of Five Hundred Forty-Two Thousand Six Hundred Ninety-One Dollars($542,691), this amount being not less than one hundred percent(100%)the total contract price, in lawful money of the United States of America,for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the Contract and any alteration thereof made as therein provided, on Principal's part to be kept and performed, all within the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and hold harmless City and its officers, agents, and others as therein provided,from any and all losses, liability and damages, claims, judgments, stop payment notices, costs, and fees of every description, whether imposed by law or equity, which may be incurred by City by reason of the failure or default on the part of Principal in the performance of any or all of the terms or the obligations of the Contract Documents, as they may be amended and supplemented including, but not limited to, Principal's liability for City's damages (including direct and consequential damages incurred by City for: rental expenses; losses of use, income, profit, business, and reputation; increased financing costs; and loss of management or employee productivity or of the services of such persons) caused by Principal's delays, as well as Principal's liability for other delay damages or liquidated damages, and any warranties or guarantees required thereunder; then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
When City declares that Principal is in default under the Contract, Surety shall promptly, take one of the following actions:
a) Remedy the default;
b) Undertake through its agents or independent contractors reasonably acceptable to City, to complete the Project according to the Contract Documents' terms and conditions then in effect including without limitation, all obligations with respect to warranties, guarantees, and the payment of liquidated damages; or, if required by City; c) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions using a procurement methodology approved by City, select a contractor or contractors—acceptable to City—to complete all of the Work, and arrange for a contract between the contractor(s)and City, to be secured with performance and payment bonds executed by an admitted surety insurer equivalent to the bonds issued on the Construction Contract, and Surety shall make available, as the Work progresses, sufficient funds to pay the cost of completion less the CITY OF VISTA Page 1 of 3 EAGLE PAVING COMPANY, INC.
00108864 1 [0006530531 PERFORMANCE BOND(FAITHFUL PERFORMANCE) 11/15/2022 C7 34 of 40
balance of the Contract Sum, and to pay and perform all obligations of Principal under the Contract and Contract Documents, including other costs and damages for which Surety is liable under this Bond and all obligations with respect to warranties, guarantees, and the payment of liquidated damages as a result of Contractor's default; d) Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances:
i) After investigation, determine the amount for which it may be liable to City and, as soon as practicable after the amount is determined, make payment to City; or ii) Deny liability in whole or in part and notify City, citing the reasons for denial.
If Surety does not proceed as provided above with reasonable promptness, Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from City to Surety demanding that Surety perform its obligations under this Bond, and City shall be entitled to enforce any remedy available to City. If Surety admits liability and tenders payment, and City refuses the payment, or Surety has denied liability, in whole or in part, without further notice City shall be entitled to enforce any remedy available to City.
In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. Principal and Surety agree that this Performance Bond shall not be considered a part of the Contract but rather is a separate obligation of Principal and its Surety, and that any attorneys' fee provision contained in this Performance Bond shall not apply to the Contract. In the event there is any litigation between the parties arising from the breach of the Contract, each party will bear its own attorneys' fees in the litigation.
FURTHER, Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2819, 2845, and 2849.
City is an intended beneficiary of this bond and has all rights of a party thereto.
Text and signatures continued on page 3.]
CITY OF VISTA Page 2 of 3 EAGLE PAVING COMPANY, INC.
00108864 1 [0006530531 PERFORMANCE BOND(FAITHFUL PERFORMANCE) 11/15/2022 C7 35 of 40
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
Principal" Surety"
EAGLE PAVING COMPANY, INC.
By:
Signature
Name and Title By:
Signature
By: Name and Title
Signature
Name and Title By:
Seal)
Signature
Name and Title
Seal)
This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached.
APPROVED
Amanda L.Guy
20221004173020
CITY OF VISTA Page 3 of 3 EAGLE PAVING COMPANY, INC.
00108864 1 [000653053] PERFORMANCE BOND(FAITHFUL PERFORMANCE) 11/15/2022 C7 36 of 40
Bond No.
Premium: $
Effective Date:
PAYMENT BOND
LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
The City of Vista ("City") has awarded a contract (the "Contract") to Eagle Paving Company, Inc. ("Principal") as follows:
Street Rehabilitation Project 2022 (CIP No. 8225),
which Contract, and all Contract Documents set forth therein, are incorporated herein and made a part thereof by this reference.
Principal is required under the terms of the Contract and the California Civil Code to furnish a bond to secure the prompt,full, and faithful payment of any Claimant, as hereinafter defined, for all labor, materials or services used or reasonably required for use in the performance of the work, concurrently with delivery to City of the signed Contract.
NOW, THEREFORE, we, the undersigned Principal, and
Name, address,and telephone number of Surety)
Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto City in the penal sum of Five Hundred Forty-Two Thousand Six Hundred Ninety-One Dollars($542,691), this amount being not less than one hundred percent(100%)of the total contract price, in lawful money of the United States of America,for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Division 4, Part 6, Title 3 of the California Civil Code(§ 9000 et seq.), or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code,with respect to work or labor performed under the Contract ("Claimants"), Surety will pay for the same in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall become null and void.
This bond shall inure to the benefit of any of the persons named in Division 4, Part 6, Title 3 of the California Civil Code (§ 9000 et seq.), so as to give a right of action to such persons or their assigns in any suit brought upon the bond.
In case suit is brought upon this bond to enforce or interpret this bond's terms, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. Principal and Surety agree that this Performance Bond shall not be considered a part of the Contract but rather is a separate obligation of Principal and its Surety, and that any attorneys'fee provision contained in this Performance Bond shall not apply to the Contract.
In the event there is any litigation between the parties arising from the breach of the Contract, each party will bear its own attorneys'fees in the litigation.
FURTHER, Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§2819, 2845, and 2849.
City is an intended beneficiary of this bond and has all rights of a party thereto.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth CITY OF VISTA Page 1 of 2 EAGLE PAVING COMPANY, INC.
00108862 1 [00065304 31 PAYMENT BOND(LABOR&MATERIALS)
11/15/2022 C7 37 of 40
below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
Principal" Surety"
EAGLE PAVING COMPANY, INC.
By:
Signature
Name and Title By:
Signature
By: Name and Title
Signature
Name and Title By:
Signature
Seal)
Name and Title
Seal)
This bond must be dated, all signatures must be notarized,and evidence of the authority of any person signing as attorney-in-fact must be attached.
APPROVED
Amanda L.Guy
20221004172747
CITY OF VISTA Page 2 of 2 EAGLE PAVING COMPANY, INC.
00108862 1 [00065304 3] PAYMENT BOND(LABOR&MATERIALS) 11/15/2022 C7 38 of 40
Street Rehabilitation Project 2022(CIP No.8225)
Base Bid
Eagle Paving Company,Inc.
Line Item Description 0167
Mobilization&Demobilization
1(5%maximum of Total Base Bid) 1 LS 5,000.00 5,000.00 2 Project Information Sign 2 EA 500.00 1,000.00
3 Public Notification per Supplementary General Provisions,Section 7-12.2 1 LS 2,000.00 2,000.00 4 Storm Water Pollution Prevention and Erosion Control 1 LS 5,000.00 5,000.00 5 Traffic Control and Construction Staging 1 LS 5,000.00 5,000.00 6 Variable Message Board 4 EA 1,450.00 5,800.00
7 7-foot Wide Header Cut(1.5-inch to 0-inch) 24950 SF 35 8,732.50 8 2-inch Deep Cold Mill 114562 SF 35 $40,096.70
9 4-Inch Deep Dig Out 890 SF 10.00 8,900.00
10 2-inch Thick Leveling Course 365 TN 185.00 $67,525.00 11 AC Fabric(Petromat Enviro)Appendix G 19128 SY 3.85 $73,642.80 AC Overlay(1.5-inch&2-inch Thick).
12 C2-PG 64-10 RAP 2094 TN 136.00 $284,784.00
13 Adjust 24-inch Manhole to Finish Grade 1 EA 900.00 900.00 14 Adjust 36-inch Manhole to Finish Grade 1 EA 900.00 900.00 15 Adjust Water Valve Cover to Finish Grade(stipulated amount) 56 EA 150.00 8,400.00 16 Adjust Gas Valve Cover to Finish Grade 1 EA 700.00 700.00 17 Replace Existing Traffic Signal Inductive Loop Detectors 12 EA 770.00 9,240.00 18 Replace All Existing Striping(2 coats) 1 LS 6,820.00 6,820.00 19 Replace All Existing Thermoplastic Crosswalks,Stop Bars,Legends,and Arrows 1 LS 8,250.00 8,250.00 Tota 1 542,691.00
11/15/2022 C7 39 of 40
Exhibit 3 - Street Rehabilitation Project 2022
The Work to be constructed is located on the following streets in the city of Vista, California:
Mercantile St from 360' east of Guajome St to Pala Vista Dr Thibodo Road from Sycamore Avenue to Thibodo Court
La Mirada Drive from Sycamore to 200' east
W. Vista Way from Cedar Road to Nettleton Road
Redlands Street from 30' south of W. California Ave to W. Connecticut Ave Carmel Circle from Anza Ave to cul-de-sac
Monterey Lane from Anza Ave to San Luis Rey Ave
EXHIBIT 3
11/15/2022 C7 40 of 40