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2023-02-14 - AGENDA REPORTS - ANNUAL CONCRETE REHAB PROJ M0148 PROJ D0003
Agenda Item: 10 1. CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR CITY MANAGER APPROVAL: DATE: February 14, 2023 SUBJECT: 2022-23 ANNUAL CONCRETE REHABILITATION PROGRAM, PROJECT M0148 AND 2022-23 ADA ACCESS RAMPS, PROJECT D0003 - PLANS AND SPECIFICATIONS AND CONSTRUCTION CONTRACT DEPARTMENT: Public Works PRESENTER: Cruz Caldera RECOMMENDED ACTION City Council: 1. Approve the plans and specifications for the 2022-23 Concrete Rehabilitation Program, Project MO148, and 2022-23 ADA Access Ramps, Project D0003. 2. Award the construction contract to Toro Enterprises, Inc., in the amount of $643,160 and authorize a contingency of $10,000 for the total contract amount of $653,160. 3. Authorize the transfer of project savings in the amount of $100,000 to 2022-23 Concrete Rehabilitation Program expenditure account MO148233-516101 from the following accounts: • $38,000 in TDA Article 8 Street & Road (Fund 233) from expenditure account T3027233- 516101, Sidewalk Gap Closure; • $37,000 in TDA Article 8 Street & Road (Fund 233) from expenditure account M0147233-516101, 21-22 Thermoplastic Lane Striping; and • $25,000 in TDA Article 8 Street & Road (Fund 233) from expenditure account C0064233- 516101, 20-21 Circulation Improvement Program. 4. Authorize the City Manager or designee to execute all documents, subject to City Attorney approval. BACKGROUND The Annual Concrete Rehabilitation Program consists of two efforts awarded under one contract to make the most efficient use of available funding. The sidewalk repair program will replace existing sidewalks damaged by tree roots and pavement settlement. The access ramp Page 1 Packet Pg. 81 construction program will serve people with disabilities through the installation of new access ramps while meeting the requirements outlined in Title 21 of the Americans with Disabilities Act. Attached is a list of construction locations identified during the annual Citywide sidewalk inspection and locations submitted by residents. This project is a component of the Sustaining Public Infrastructure theme of the City of Santa Clarita's (City) five-year strategic plan, Santa Clarita 2025. Substantial constraints and controls were established in the construction documents to reduce potential impacts on traffic and to homeowners during construction. Construction is scheduled to begin in April 2023 and is anticipated to be completed within 55 working days following the Notice to Proceed. An invitation to bid was published on December 8, 2022, and posted on BidNet. Three responsive bids were submitted electronically to the City and opened by Purchasing on January 4, 2023. The results are shown below: Company Name Location Toro Enterprises, Inc. Oxnard, CA FS Contractors, Inc. Sylmar, CA R.C. Becker and Son Inc. Santa Clarita, CA Base Bid Amount $643,159.13 $663,957.35 $739,910.65 Due to the volatile bidding environment and high construction activity throughout Southern California, the City continues to receive fewer bids on projects at a higher cost. The lowest base bid amount for this project is higher than the engineer's estimate, as a result of significant increases in cost for labor and materials. The requested project savings transfer of $100,000 will provide the funds needed to address the budget shortfall. Staff recommends the contract be awarded to Toro Enterprises, Inc., the lowest responsive bidder. This contractor possesses a valid state contractor's license and is in good standing with the Contractors State License Board. The contractor's bid was reviewed for accuracy and conformance to the contract documents and found to be complete. The requested construction contingency will cover the costs of unforeseen site conditions, change order requests made by the contractor, and change orders for additional work ordered by the City. The remaining funds will provide for construction support such as surveying, tree maintenance, project management, labor compliance, and miscellaneous administrative costs. FISCAL IMPACT Upon approval of the recommended actions, a total of $700,000 will be available in expenditure accounts M0148264-516101 (Measure R Fund), M0148233-516101 (TDA 8 Fund), and D0003233-516101 (TDA 8 Fund) to support the recommended contract and project administrative costs. Page 2 Packet Pg. 82 1:0 ATTACHMENTS Locations List Bid Proposal Toro Enterprises, Inc. (available in the City Clerk's Reading File) Page 3 Packet Pg. 83 Canyon Country # ADDRESS STREET NAME # ADDRESS STREET NAME # ADDRESS STREET I 1 30380 Abelia Rd 23 15540 Carrousel Drive 45 28003 EagleCrest Av( 2 29936 Abelia Rd 24 18946 Cedar Valley Way 46 28017 EagleCrest Av( 3 15808 Ada Street 25 19643 Cedarcreek Street 47 28220 Enderly Street 4 20300 Adriana PI 26 19329 Cedarcreek Street 48 19543 Ermine Street 5 19875 Aldbury Street 27 21508 Centre Pointe Parkway 49 20132 Ermine Street 6 15707 Alia Court 28 14803 Daisy Meadow Street 50 20203 Ermine Street 7 28212 Bakerton Avenue 29 28031 Deep Creek Drive 51 20211 Ermine Street 8 28223 Bakerton Avenue 30 19415 Delight Street 52 20329 Ermine Street 9 28165 Bakerton Avenue 31 18504 Delight Street 53 28041 Ermine Street 10 28157 Bakerton Avenue 32 18504 Delight Street 54 27508 Eveningshade 11 27863 Bakerton Avenue 33 19331 Delight Street 55 18603 Fairweather S- 12 18760 Banbury Street 34 19328 Delight Street 56 19601 Fairweather S- 13 18948 Basel Street 35 19328 Delight Street 57 28353 Falcon Crest D 14 18935 Basel Street 36 19025 Delight Street 58 28982 Flowerpark Dr 15 27939 Bernina Avenue 37 18914 Delight Street 59 29011 Flowerpark Dr 16 17474 Blue Aspen Lane 38 27401 Dolton Drive 60 19364 Four Oaks 17 Bouquet Canyon Road 39 20356 Dorothy Street 61 19548 Four Oaks StrE 18 15633 Burt Court 40 20356 Dorothy Street 62 29207 Foxlane Drive 19 14644 Camelia Hill Way 41 20156 Drasin Drive 63 28189 Foxlane Drive 20 27990 Camp Plenty Road 42 20150 Drasin Drive 64 27731 Foxlane Drive 21 27851 Camp Plenty Road 43 20144 Drasin Drive 65 26444 Friendly Valle) 22 26415 Carl Boyer Dr 44 20137 Drasin Drive 66 29439 Gary Drive CANYON COUNTRY # ADDRESS STREET NAME # ADDRESS STREET NAME # ADDRESS STREET I 67 19646 Goodvale Road 89 28009 Lost Springs Road 111 19819 Pandy Court 68 19566 Green Mountain Dr 90 27861 Lost Springs Road 112 27701 Pine Hills Aver 69 28427 Hawks Ridge Drive 91 27828 Lost Springs Road 113 19115 Pleasantdale 70 28108 Haxton Drive 92 27900 Lost Springs Road 114 17515 Poplar Point L 71 28102 Haxton Drive 93 29165 Lotusgarden Drive 115 29355 Poppy Meado 72 17744 Hillsboro Place 94 18652 Mandan Street 116 26441 Ridge Vale Dri 73 20322 Huffy Street 95 29202 Marilyn Drive 117 18011 River Circle #3 74 27003 Karns Court 96 28016 Meadowcreek Rd 118 27383 Rose Mallow 1 75 20234 Keaton Street 97 28015 Meadowcreek Rd 119 15844 Rosehaven Lai 76 20143 Keaton Street 98 29332 Melia Way 120 28111 Sand Canyon I 77 19842 Keaton Street 99 26445 Misty Ridge Place 121 Sandy Drive 78 20171 Keaton Street 100 17225 Mount Stephen Avenue 122 17740 Scherzinger La 79 20179 Keaton Street 101 18727 Nadal Street 123 29307 Sequoia Road 80 20162 Keaton Street 102 19015 Nearbrook Street 124 17829 Silverstream E 81 19841 Keaton Street 103 19230 Nearbrook Street 125 29208 Snapdragon PI 82 19837 Keaton Street 104 19335 Newhouse Street 126 29248 Snapdragon PI 83 19825 Keaton Street 105 27825 Northbrook Ave 127 19340 Soledad Canyc 84 19814 Keaton Street 106 26118 Oakflat Court 128 18591 Soledad Canyc 85 27201 Lakehurst Avenue 107 18514 Oceana Court 129 20625 Soledad Canyc 86 28230 Langside Ave 108 29923 Orchid Cove Dr 130 Soledad Canyc 87 28661 Linda Vista Street 109 26728 Pamela Drive 131 Soledad Canyc 88 26702 Linnet Court 110 19813 Pandy Court 132 22931 Soledad Canyc CANYON COUNTRY # ADDRESS STREET NAME # ADDRESS I STREET NAME # ADDRESS STREET I 133 22931 Soledad Canyon Road 155 19027 Vicci Street 134 26308 Spirit Court 156 27218 Walnut Springs Avenue 135 19614 Steinway Street 157 27453 Walnut Springs Avenue 136 19538 Steinway Street 158 19143 Wellhaven Street 137 19539 Steinway Street 159 18714 Wellhaven Street 138 19109 Stillmore Street 160 19137 Wellhaven Street 139 19054 Stillmore Street 161 26414 Whispering Leaves 140 18907 Stillmore Street 162 Whites Canyon Road 141 18857 Stone Canyon Lane 163 27222 Whites Canyon Road 142 28111 Tambora Drive 164 17857 Wildridge Lane 143 28132 Tambora Drive 165 28303 Winterdale Drive 144 19933 Terri Drive 166 28415 Winterdale Drive 145 15982 Thompson Ranch Drive 167 19334 Cedarcreek Street 146 Via Princessa 168 19404 Delight Street 147 Via Princessa 169 19403 Delight Street 148 Via Princessa 149 Via Princessa 150 Via Princessa 151 Via Princessa 152 19015 Vicci Street 153 19052 Vicci Street 154 18846 Vicci Street NEWHALL # ADDRESS STREET NAME # ADDRESS STREET NAME # ADDRESS STREET NAME 170 16843 La Veda Ave 171 27805 Medowcreek 172 22207 3rd Street 173 25119 Atwood Boulevard 174 24743 Heritage Lane 175 Jason Dr 176 24180 Lyons Avenue 177 20425 Newhall Avenue 178 18334 Oak Canyon Road 179 24747 Valley Street 180 23644 White Oak Ct SAUGUS # ADDRESS SRTEET NAME # ADDRESS SRTEET NAME # ADDRESS SRTEET NAME 181 22142 Alamogordo Rd 203 28105 Meadbury Drive 225 28054 Devon Lane 182 22032 Alamogordo Rd 204 22016 Nancy Place 226 28159 Oaklar Drive 183 22333 Barbacoa Drive 205 28224 Oaklar Drive 184 26900 Barbacoa Place 206 28159 Oaklar Drive 185 21570 Birch Canyon Way 207 20063 Oakside Ct 186 26960 Bouquet Canyon Rd 208 22660 Pamplico Drive 187 Bouquet Canyon Road 209 22560 Pearson Court 188 27777 Bouquet Canyon Road 210 19920 Rhona Place 189 20907 Canterwood Drive 211 27839 Ron Ridge Drive 190 21865 Copper Hill Dr 212 21436 Rosedell Drive 191 22034 Crestline Trail 213 22573 Seaver Court 192 21862 Deena Place 214 27544 Seco Canyon Road 193 21759 Don Gee Court 215 23421 Shadwell Court 194 27547 Elder View Drive 216 19407 Sidani Lane 195 28821 Garnet Canyon Drive 217 28839 Startree Lane 196 27268 Garza Drive 218 28244 Stonington 197 21622 Glen Canyon Place 219 21913 Theodore Court 198 27954 Harwood Drive 220 28215 Truman Court 199 28440 Haskell Canyon Rd 221 21956 Wakefield court 200 28653 Kathleen Avenue 222 28907 Woodside Dr 201 27648 Kristin Lane 223 28911 Woodside Dr 202 27651 Kristin Lane 1 224 28131 Bobwhite Circle VALENCIA # ADDRESS SRTEET NAME # ADDRESS SRTEET NAME # ADDRESS SRTEET I 227 23201 Avenida Velarte 249 25010 Plaza Larios 228 23800 Bayview Court 251 23426 Riversbridge Way 229 27902 Beechnut Cir 252 24625 Saint Denis Court 230 23869 Bennington Drive 253 25916 Sandalia Drive 231 27549 Berkshire Hills Place 254 26085 Tourelle Place 232 27498 Bridgewater Drive 255 27420 Tourney Road 233 24610 Cordera Court 256 23002 Tupelo Ridge Drive 234 27002 Edgewater Lane 257 23714 Via Beguine 235 25879 Fenda Way 258 23950 Via Flamenco 236 23912 Gilford Place 259 25546 Via Heraldo 237 23335 Gleneagle Court 260 23686 Via Lupona 238 24452 Hampton drive 261 27402 Waynesborough Lane 239 17724 Hillsboro Place 262 23515 Windrose Place 240 Hillsborough Pkwy 263 25170 Anza Drive 241 24553 Lorikeet Lane 264 Newhall Ranch Road 242 23402 Magic Mntn Prwky #1304 265 23231 Via Calisero 243 26031 Manzano Court 250 Rio Norte Drive 244 26459 Marsala Drive 245 26459 Marsala Drive 246 24155 Newhall Ranch Road 247 25908 Palomita Drive 248 26220 Paolino Place V�O� 9�TA C< �r> 4 `ry�f0 �40EGEM��� Addendum No. 1 BID # GS-22-23-M0148 2022-23 Annual Concrete Rehabilitation Program City Project No. M0148 City of Santa Clarita, California Addendum No. 1 December 27, 2022 This addendum must be acknowledged via BidNet and should be included with the bid response. The purpose of this addendum is to address the following for this bid: I. BID SCHEDULE UPDATE The following two updates have made to the Bid Schedule: • Line Item #9: The quantity has been updated from 5 ADA ramps to 6 ADA ramps. • Line Item #10: The quantity has been updated from 5 spandrels/cross gutters to 6 spandrels/cross gutters. Please see the attached updated Bid Schedule form. This form must be filled out and submitted with the bid response. ILQUESTION #1 IN Q&A PORTAL IN BIDNET There are three addresses not provided in Exhibit B — Location List for the 6 ADA ramps and 1,000 square -feet of spandrel/cross gutters. Please see the addresses below: 1. 28081 Foxlane Drive (Canyon Country) 2 ADA's, corner of Foxlane Dr. & Saddleback Ridge Rd. 2. 27406 Diane Marie Cir. (Saugus) 2 ADA's & Spandrel/Cross, corner of Diane Marie Cir. & Kenfel Dr. 3. 21614 Windsong Ct. (Saugus) 2 ADA's & Spandrel/Cross, corner of Windsong Ct. & Kenfel Dr. III. CONTRACTOR LICENSE REQUIREMENT Class A license will be acceptable for this project. Attachments: • Updated Bid Schedule BID # GS-22-23-MO148 04 $ANTA 4 a fD IR DECENe� END OF ADDENDUM Addendum No. 1 December 27, 2022 This addend uffAust,,Ye acknowledged via BidNet and should be included with the response. ContKoctor's Representative SEAN CASTILLO, PRESIDENT TORO ENTERPRISES, INC. Company Name BID # GS-22-23-MO148 D to DOCUMENT CHECKLIST Bid #GS-22-23-M0148 2022-23 Annual Concrete Rehabilitation Program City Project No. M0148 City of Santa Clarita, California The following documents must be completed and submitted by the bidder as per the outlined timeframes. The following documents must be provided by ALL bidders: Uploaged via BidNet (see Section C) .1 Proposal Form U Notice to Bidders Regarding Contractual Requirements Bid Schedule [� Bidder's Information and Certification d Bidder's Questionnaire Cd Certification of Non -Segregated Facilities L� Designation of Subcontractors d References Debarment and Suspension Certification Equal Employment Opportunity Certification Non -Collusion Affidavit Urban Forestry Specifications for Parkway Tree Preservation ll( All signed addendums (if any) — Digitally acknowledged on BidNet in addition to uploaded via BidNet Delivered to City Hall, Attn: Purchasing, Suite 120 prior to bid closing: Y Bidder's Bond (Notarized) The following documents must be provided at time of bid or no later than 48 hours after bid closing: ❑ EEO Certs of subcontractors over $10,000 The following documents must be provided by the AWARDEE ONLY (With Agreement) Delivered to City Hall, Attn: Scott Hamilton ❑ Contract Agreement ❑ Faithful Performance Bond (notarized) ❑ Labor & Material Bond (notarized) ❑ Insurance Required by Contract ❑ W9 0 Fringe Benefit Statement PROPOSAL FORM Bid #GS-22-23-M0148 2022-23 Annual Concrete Rehabilitation Program City Project No. M0148 City of Santa Clarita, California TO THE CITY OF SANTA CLARITA, AS CITY: In accordance with CITY's NOTICE INVITING BIDS, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above -stated project as set forth in the plans, specifications, and contract documents therefore, and to perform all work in the manner and time prescribed therein. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, INSTRUCTIONS TO BIDDERS, and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with CITY at the unit and/or lump sum prices set forth in the following BID SCHEDULE. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to CITY of the proposal guarantee accompanying this proposal. BIDDER understands that a bid is required for the entire work that the estimated quantities set forth in BID SCHEDULE are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE CITY RESERVES THE RIGHT TO INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum price(s) bid include all appurtenant expenses, taxes, royalties, and fees for the project's duration. In case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the contract, the undersigned further agrees that in the event of the Bidder's default in executing the required contract and filing the necessary bonds and insurance certificates within ten working days after the date of the CITY's notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the CITY and this bid and the acceptance hereof may, at the CITY's option, be considered null and void. Company Name: TORO ENTERPRISES, INC. Company Address: 2101 E VENTURA BLVD,OXNARD,CA 93036 Phone: 805-483-4515 Email: ESTIMATING@TOROENTERPRISES.COM By: SEAN CASTILLO Print Name Title: PRESIDENT Signature: AJA,_,1 Date: I2 2�6/Z©27i NOTICE TO BIDDERS REGARDING CONTRACTUAL REQUIREMENTS Bid #GS-22-23-M0148 2022-23 Annual Concrete Rehabilitation Program City Project No. M0148 City of Santa Clarita, California SUMMARY OF INDEMNITY AND INSURANCE REQUIREMENTS 1. These are the Indemnity and Insurance Requirements for Contractors providing services or supplies to City of Santa Clarita (City). By agreeing to perform the work or submitting a proposal, you verify that you comply with and agree to be bound by these requirements. If any additional Contract documents are executed, the actual Indemnity language and Insurance Requirements may include additional provisions as deemed appropriate by City's Purchasing Agent. Questions and requests for modification of these terms must be negotiated and approved prior to bid submission and are at the full discretion of the City. 2. You should check with your Insurance advisors to verify compliance and determine if additional coverage or limits may be needed to adequately insure your obligations under this agreement. These are the minimum required and do not in any way represent or imply that such coverage is sufficient to adequately cover the Contractors liability under this agreement. The full coverage and limits afforded under Contractors policies of Insurance shall be available to Buyer and these Insurance Requirements shall not in any way act to reduce coverage that is broader or includes higher limits than those required. The Insurance obligations under this agreement shall be: 1—all the Insurance coverage and limits carried by or available to the Contractor; or 2—the minimum Insurance requirements shown in this agreement, whichever is greater. Any insurance proceeds in excess of the specified minimum limits and coverage required, which are applicable to a given loss, shall be available to City. 3. Contractorshall furnish the Citywith original Certificates of Insurance including all required amendatory endorsements and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. City reserves the right to require full -certified copies of all Insurance coverage and endorsements. I. INDEMNIFICATION: City and its respective elected and appointed boards, officials, officers, agents, employees, and volunteers (individually and collectively, "Indemnitees") shall have no liability to CONTRACTOR or any other person for, and CONTRACTOR shall indemnify, defend, protect, and hold harmless Indemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs, and expenses of whatever nature, including reasonable attorney's fees and disbursements (collectively, "Claims"), which Indemnitees may suffer or incur or to which Indemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss, or otherwise occurring as a result of or allegedly caused by the CONTRACTOR'S performance of or failure to perform any services under this Agreement, or by the negligent or willful acts or omissions of CONTRACTOR, its agents, officers, directors, or employees, committed in performing any of the services under this Agreement. If any action or proceeding is brought against Indemnitees by reason of any of the matters against which CONTRACTOR has agreed to indemnify Indemnitees as provided above, CONTRACTOR, upon notice from City, shall defend Indemnitees at its expense by counsel acceptable to City, such acceptance not to be unreasonably withheld. Indemnitees need not have first paid for any of the matters to which Indemnitees are entitled to indemnification in order to be so indemnified. The limits of the insurance required to be maintained by CONTRACTOR in this Agreement shall not limit the liability of CONTRACTOR hereunder. The provisions of this section shall survive the expiration or earlier termination of this agreement. The provisions of this section do not apply to Claims occurring as a result of the City's active negligence or acts of omission. II. INSURANCE CONTRACTOR shall maintain and submit certificates of all applicable insurance including, but not limited to, the following and as otherwise required by law. The terms of the insurance policy or policies issued to provide the above insurance coverage shall provide that said insurance may not be amended or canceled by the carrier, for non-payment of premiums or otherwise, without thirty (30) days prior written notice of amendment or cancellation to the CITY. In the event the said insurance is canceled, the CONTRACTOR shall, prior to the cancellation date, submit to the City Clerk new evidence of insurance in the amounts established. Liability Insurance During the entire term of this Agreement, the CONTRACTOR agrees to procure and maintain General Liability insurance at its sole expense to protect against loss from liability imposed by law for damages on account of bodily injury, including death therefrom, suffered or alleged to be suffered by any person or persons whomsoever, resulting directly or indirectly from any act or activities, errors or omissions, of the CITY, or CONTRACTOR or any person acting for the CITY, or under its control or direction, and also to protect against loss from liability imposed by law for damages to any property of any person caused directly or indirectly by or from acts or activities of the CITY, or CONTRACTOR or any person acting for the CITY, or under its control or direction. Such public liability and property damage insurance shall also provide for and protect the CITY against incurring any legal cost in defending claims for alleged loss. Such General, Public and Professional liability and property damage insurance shall be maintained in full force and effect throughout the term of the Agreement and any extension thereof in the amount indicated above or the following minimum limits: Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products/Completed Operations Liability, and Independent Contractors' Liability (if applicable), in an amount of not less than two million dollars ($2,000,000.00) per occurrence, four million dollars ($4,000,000.00) annual aggregate, written on an occurrence form. Products/Completed Operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the CONTRACTOR for covered claims arising out of the actions of independent contractors. If the CONTRACTOR is using subcontractors, the policy must include work performed "by or on behalf" of the CONTRACTOR. Policy shall contain no language that would invalidate or remove the CONTRACTOR'S duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the CONTRACTOR. Worker's Compensation Insurance The CONTRACTOR shall procure and maintain, at its sole expense, Worker's Compensation Insurance in the amount of $1,000,000 per occurrence or in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both the CONTRACTOR and the CITY against any loss, claim or damage arising from any injuries or occupational diseases happening to any worker employed by the CONTRACTOR in the course of carrying out the work within the Agreement. Such insurance shall also contain a waiver of subrogation naming the City of Santa Clarita. Automotive Insurance The CONTRACTOR shall procure and maintain, at its sole expense, throughout the term of this Agreement, and any extension thereof, public liability and property damage insurance coverage for automotive equipment with coverage limits of not less than $1,000,000 combined single limit for each accident. All such insurance shall be primary insurance and shall name the City of Santa Clarita as an additional insured. Builder's Risk Upon commencement of construction and with approval of CITY, CONTRACTOR shall obtain and maintain Builder's Risk Insurance for the entire duration of the Project until only the CITY has an insurable interest. The Builder's Risk coverage shall include the coverages as specified below: The named insureds shall be CONTRACTOR and CITY, including its officers, officials, employees, and agents. All subcontractors (excluding those solely responsible for design work) of any tier and suppliers shall be included as additional insureds as their interests may appear. CONTRACTOR shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to CITY. The policy shall contain a provision that all proceeds from the Builder's Risk Policy shall be made payable to the CITY. The CITY will act as a fiduciary for all other interests in the Project. Policy shall be provided for replacement value on an "all risk" basis forthe completed value of the project. There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) Ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub -limits sufficient to insure the full replacement value of any key equipment item; (6) ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub -limits sufficient to insure the full replacement value of any property or equipment stored either on or off the site or any staging area. Such insurance shall be on a form acceptable to CITY to ensure adequacy of terms and sub -limits and shall be submitted to the CITY prior to commencement of construction. Fire and Extended Coverage Insurance (Services involving real oropertv only) CONTRACTOR agrees to procure and maintain, at its sole expense, during the term of this Agreement, and any extension thereof, a policy of fire, extended coverage and vandalism insurance. Pollution Liabilitv and/or Asbestos Pollution Liabilitv and/or Errors & Omissions Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions with limit no less than $2,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year. Coverage must be included for bodily injury and property damage, including coverage for loss of use and/or diminution in property value, and for clean-up costs arising out of, pertaining to, or in any way related to the actual or alleged discharge, dispersal, seepage, migration, release or escape of contaminants or pollutants, arising out of or pertaining to the services provided by CONTRACTOR under this Agreement, including the transportation of hazardous materials or contaminants. Professional Liability (if Design -Build) Professional Liability Insurance, insuring against professional errors and omissions arising from CONTRACTOR'S work on the Project, in an amount not less than [$2,000,000] combined single limit for each occurrence. If CONTRACTOR cannot provide an occurrence policy, CONTRACTOR shall provide insurance covering claims made as a result of performance of work on this Project and shall maintain such insurance in effect for not less than three years following final completion of the Project. Waiver of Subrogation All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against the CITY, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow CONTRACTOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONTRACTOR hereby waives its own right of recovery against the CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants. Separation of Insureds A severability of interests provision must apply for all additional insureds ensuring that CONTRACTOR'S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross -liability exclusions. Pass Through Clause CONTRACTOR agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by CONTRACTOR, provide the same minimum insurance coverage and endorsements required of CONTRACTOR. CONTRACTOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. CONTRACTOR agrees that upon request, all Agreements with consultants, subcontractors, and others engaged in the project will be submitted to the CITY for review. Self -Insured Retentions Any self -insured retentions must be declared to and approved by the CITY. The CITY reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the CITY. Primary and Additional Insured All of such insurance shall be primary and shall name the City of Santa Clarita as additional insured. A Certificate of Insurance and an additional insured endorsement (for general and automobile liability), evidencing the above insurance coverage with a company acceptable to the City's Purchasing Agent shall be submitted to the CITY prior to execution of this Agreement on behalf of the CITY. Requirements Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance required by this Agreement, CITY may obtain coverage at CONTRACTOR'S expense and deduct the cost of such insurance from payments due to CONTRACTOR under this Agreement or terminate. In the alternative, should CONTRACTOR fail to meet any of the insurance requirements under this Agreement, CITY may cancel the Agreement immediately with no penalty. Should CONTRACTOR'S insurance required by this Agreement be canceled at any point prior to expiration of the policy, CONTRACTOR must notify CITY within 24 hours of receipt of notice of cancelation. Furthermore, CONTRACTOR must obtain replacement coverage that meets all contractual requirements within 10 days of the prior insurer's issuance of notice of cancelation. CONTRACTOR must ensure that there is no lapse in coverage. If the operation under this Agreement results in an increased or decreased risk in the opinion of the City's Purchasing Agent, then the CONTRACTOR agrees that the minimum limits herein above designated shall be changed accordingly upon request by the City's Purchasing Agent. The CONTRACTOR agrees that provisions of this paragraph as to maintenance of insurance shall not be construed as limiting in any way the extent to which the CONTRACTOR may be held responsible for the payment of damages to persons or property resulting from the CONTRACTOR'S activities or the activities of any person or persons for which the CONTRACTOR is otherwise responsible. I have read and understand the above requ performed for the City. / Authorized Signature: nts and agree to be bound by them for any work Printed Name: SEAN CASTILLO, PRESIDENT Date: Z 7i BID SCHEDULE Bid #GS-22-23-M0148 2022-23 Annual Concrete Rehabilitation Program City Project No. M0148 City of Santa Clarita, California Fill out this form completely and submit with the bid response. Line item pricing must be entered on BidNet. In the event any mathematical discrepancies are found, please refer to Section B, Bid Instructions. The award of contract, if made, will be to the lowest responsive BIDDER determined solely by the AGENCY. The AGENCY also reserves the right to add/delete the quantities to the existing bid items, or delete the entire bid item if they are found not required by the Agency during the course of the construction, or add new bid items or scope of work by Contract Change Order at any time during the project up to the last contract working day. The BIDDER agrees to hold all unit prices in this Bid Schedule constant throughout the duration of the project up to the last contract working day. ITEM DESCRIPTION CITY UNIT UNIT PRICE TOTAL NO. 1. Mobilization 1 LS $28,000.00 $28,000.00 2. Traffic Control 1 LS $64,500.00 $64,500.00 3. Implementation of Best Management Practices 1 LS $11,500.00 $11,500.00 4. Removal and Replacement of 4" Portland 37,085.5 SF $11.00 $407,940.50 Cement Concrete Sidewalk 5. Removal and Replacement of 4" Residential 3,780.5 SF $11.50 $43,475.75 Driveway Approach 6. Removal and Replacement of 6" Commercial 1,763.75 SF $16.50 $29,101.88 Driveway Approach 7. Removal and Replacement of 6" Portland 186 LF $106.00 $19,716.00 Cement Concrete Curb & Gutter 8. Removal and Replacement of 8" Portland 5 LF $ 525.00 $2,625.00 Cement Concrete Curb & Gutter 9. Removal and Reconstruction of PCC ADA Ramp 6 EA $ 5,550.00 $33,300.00 10. Removal and Replacement of PCC Spandrels and 6 SF $500.00 $3,000.00 Cross Gutter TOTAL BASE BID AMOUNT: $ 643,159.13 TOTAL BASE BID AMOUNT IN WORDS: six hundred forty-three thousand one hundred fifty-nine dollars & thirteen cents BIDDER'S INFORMATION AND CERTIFICATION Bid #GS-22-23-M0148 2022-23 Annual Concrete Rehabilitation Program City Project No. M0148 City of Santa Clorita, CA Bidder certifies that the representations of the bid are true and correct and made under penalty of perjury. EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE Bidder certifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any CITY, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding. AFFIRMATIVE ACTION CERTIFICATION Bidder certifies that affirmative action has been taken to seek out and consider minority business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been fully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder. Furthermore, Bidder certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents. CERTIFICATION REGARDING DIR CONTRACTOR/SUBCONTRACTOR REGISTRATION By my signature hereunder, as the Contractor, I certify that Contractor, and all Subcontractors listed on the Subcontractor Designations form are the subject of current and active contractor registrations pursuant to Division 2, Part 7, Chapter 1 (commencing with section 1720) of the California Labor Code. Contractor's registration number is indicated below. Subcontractors' registration numbers are indicated on the Subcontractor Designations form. Bidder's Name: TORO ENTERPRISES, INC. Business Address: 2101 E VENTURA BLVD,OXNARD,CA 93036 Telephone No.: 805-483-4515 State CONTRACTOR'S License No. & Class: 710580;A,C-31 DIR No.: 1000002410 Original Date: 11/3/14 Expiration Date: 6/30/25 The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest in this proposal: SEAN CASTILLO,PRESIDENT;2101 E VENTURA BLVD,OXNARD,CA 93036 805-483-4515 TRENT ROYLE,VP OPERATIONS;2101 E VENTURA BLVD,OXNARD,CA 93036;805-483-4515 JERRY HANNIGAN,SECRETARY;2101 E VENTURA BLVD,OXNARD,CA 93036;805-483-4515 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal, or any firm, corporation, partnership orjoint venture of which any principal having an interest in this proposal was an owner, corporate officer, partner or joint venture are as follows: N/A All current and prior DBAs, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows: N/A IN WITNESS WHEREOF, BIDDER execut an submits this proposal with the names, title, hands, and seals of all aforementioned principals this day ofJ%j±&r2022 . BIDDER: Signature SEAN CASTILLO, PRESIDENT Name and Title of Signatory TORO ENTERPRISES, INC. Legal Name of Bidder 2101 E VENTURA BLVD,OXNARD,CA 93036 Address 805-483-4515 Telephone Number 77-0396663 Federal Tax I.D. No. 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, orvalidity of that document. State of California, County of Ventura, On 12/28/2022 before me, Tyson Risinq, Notary Public Date Here Insert Name and Title of the Officer personally appeared Sean Castillo Name( of Signer�4 who proved to me on the basis of satisfactory evidence to be the persono) whose nameA is/ar subscribed to the within instrument and acknowledged to me that he/sbfehp6y executed the same in his/h,6r/tF)cir authorized capacity, and that by his/hgf/t�*ir signature($) on the instrument the person(, or the entity upon behalf of which the person(A-acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. TYSON RISING COMM. #2388737 a Notary Public California o Z Ventura County Signature z ,� M Comm. Expires Dec. 31, 2025 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: CITY OF SANTA CLARITA- PROJECT NO. M0148 -BIDDERS INFO&CERTIFICATION Date: 12/28/2022 Number of Pages: _1 _ Signer (s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name Sean Castillo Signer's Name: e Corporate Officer — Title(s): President ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑Guardian or Conservator ❑ Other: Signer Is Representing: Toro Enterprises, Inc. Signer Is Representing: ©2014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 BIDDER'S QUESTIONNAIRE Bid #GS-22-23-M0148 2022-23 Annual Concrete Rehabilitation Program City Project No. M0148 City of Santa Clarita, California 1. Submitted by: TORO ENTERPRISES, INC. Telephone: 805-483-4515 Principal Office Address: 2101 E VENTURA BLVD,OXNARD,CA 93036 2. Type of Firm: 0 C Corporation ❑ S Corporation ❑ Individual/Sole Proprietor or Single —Member LLC ❑ Partnership ❑ Limited Liability Company "C" C-Corp ❑ Limited Liability Company "S" S-Corp ❑ Limited Liability Company "P" Partnership ❑ Other 3a. If a corporation, answer these questions: Date of Incorporation: 12/22/1994 State of Incorporation: CALIFORNIA President's Name: SEAN CASTILLO Vice -President's Name: TRENT ROYLE Secretary or Clerk's Name: JERRY HANNIGAN Treasurer's Name: N/A 3b. If a partnership, answer these questions: Date of organization: N/A State Organized in: N/A Name of all partners holding more than a 10% interest: N/A N/A n/a Designate which are General or Managing Partners. n/a 4. 5 BIDDER'S QUESTIONNAIRE (cont'd) Bid #GS-22-23-M0148 2022-23 Annual Concrete Rehabilitation Program City Project No. M0148 City of Santa Clarita, California Name of person holding CONTRACTOR'S license: TORO ENTERPRISES, INC. License number: 710580 Class: A,C-31 Expiration Date: 8/31/23 D.I.R. Registration # 1000002410 CONTRACTOR'S Representative: SEAN CASTILLO Title: PRESIDENT Alternate: JERRY HANNIGAN Title: SECRETARY 6. List the major construction projects your organization has in progress as of this date: A. owner: CITY OF VENTURA Project Location: VARIOUS LOCATIONS IN THE CITY OF VENTURA Type of Project: SIDEWALK AND ADA CURB RAMP IMPROVEMENTS B. owner: CITY OF GLENDALE Project Location: VARIOUS LOCATIONS IN THE CITY OF GLENDALE Type of Project: PAVEMENT REHAB AND CONCRETE WORK C. owner: CITY OF SAN FERNANDO Project Location: PACOIMA WASH 5TH ST TO FOOTHILL Type of Project: PACOIMA WASH BIKEWAY & PEDESTRIAN PATH, CONSTRUCTION OF RAMPS CERTIFICATION OF NON -SEGREGATED FACILITIES Bid #GS-22-23-M0148 2022-23 Annual Concrete Rehabilitation Program City Project No. M0148 City of Santa Clarita, California The BIDDER certifies that it does not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The BIDDER certifies further that it will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it will not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The BIDDER agrees that a breach of this certification is a violation of the Equal Opportunity clause in this Contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms, and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. The BIDDER agrees that (except where it has obtained identical certifications from proposed subcontractors for specific time periods) it will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that it will retain such certifications in its files. TORO ENTERPRISES, INC. BIDDER Required by the May 19, 1967 order on Elimination of Segregated Facilities, by the Secretary of Labor — 32 F.R. 7439, May 19, 1967 (F.R. Vol. 33, No. 33 — Friday, February 16, 1968 — p. 3065). DESIGNATION OF SUBCONTRACTORS Bid # GS-22-23-MO148 2022-23 Annual Concrete Rehabilitation Program City Project No. M0148 City of Santa Clarita, California Listed below are the names and locations of the places of business of each subcontractor, supplier, and vendor who will perform work or labor or render service in excess of Yz of 1 percent, or $10,000 (whichever is greater) of the prime contractor's total bid: DBE status, age of firm and annual gross receipts are required if sub -contractor is participating as a DBE. If no Subcontractors will be used fill out the form with NA. Add addt. sheets if needed. Subcontractor 0A DIR Registration No.* Dollar Value of Work Age of firm: DBE: Yes No Certifying Agency: Annual Gross Receipts: Location and Place of Business Bid Schedule Item No's: Description of Work License No. Exp. Date: / / Phone ( ) Subcontractor DIR Registration No.* Dollar Value of Work Age of firm: DBE: Yes No Certifying Agency: Annual Gross Receipts: Location and Place of Business Bid Schedule Item No's: Description of Work License No, Exp. Date: / / Phone ( ) Subcontractor DIR Registration No.* Dollar Value of Work Age of firm: DBE: Yes No Certifying Agency: Annual Gross Receipts: Location and Place of Business Bid Schedule Item No's: Description of Work License No. Exp. Date: / / T Phone ( ) NOTE: A BIDDER or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5 of the Labor Code. It is not a violation of this section for an unregistered BIDDER to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the BIDDER is registered to perform public work pursuant to Section 1725.5 of the Labor Code at the time the contract is awarded. *Pursuant to Division 2, Part 7, Chapter 1 (commencing with section 1720) of the California Labor Code. REFERENCES Bid #GS-22-23-M0148 2022-23 Annual Concrete Rehabilitation Program City Project No. M0148 City of Santa Clarita, California The following are the names, addresses, and telephone numbers of three public agencies for which bidder has performed and completed work of a similar scope and size within the past 3 years. If the scope of work/specifications requests references different than instructions above, the scope of work/specifications shall govern: 1 CITY OF GLENDALE;633 EAST BROADWAYROOM 205, GLENDAL,CA 91206 Name and Address of Owner / Agency SAUMIL MODY: 818-937-8255 Name and Telephone Number of Person Familiar with Project $2,433,077 R&R OF SIDEWALK,NEW CURB RAMPS, REMODLING CURB DRAINS 3/2020 Contract Amount Type of Work Date Completed 2 CITY OF SANTA PAULA; 907 VENTURA ST,SANTA PAULA,CA Name and Address of Owner / Agency CLETE SAUNIER;805-933-4212 Name and Telephone Number of Person Familiar with Project CURB RAMP CONSTRUCTION, CURB $1,194,329 AND GUTTER REPLACEMENT 5/2020 Contract Amount Type of Work Date Completed 3. CITY OF VENTURA 501 POLI ST,VENTURA,CA 93001 Name and Address of Owner / Agency LUIS MAJIA 805-654-7828 Name and Telephone Number of Person Familiar with Project CONCRETE BUS ADA $281 ,703 RETAINING CURB,S DEWALK R&RS RAMP, 7/2020 Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom bidder intends to procure insurance bonds: TRAVELERS CASUATLY AND SURETY COMPANY OF AMERICA ETHAN SPECTOR, 21688 GATEWAY CENTER DRIVE,DIAMOND BAR,CA 91765 DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 Bid #GS-22-23-M0148 2022-23 Annual Concrete Rehabilitation Program City Project No. M0148 City of Santa Clarita, California The bidder under penalty of perjury, certified that except as noted below, he/she or any person associated therewith in the capacity of owner, partner, director, office manager: is not currently under suspension, debarment, voluntary exclusion or determination of ineligibility by any federal AGENCY; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal AGENCY within past three years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 10 years. If there are any exceptions to this certification, insert the exceptions in the following space. N/A Exceptions will not necessarily result in denial of award but will be considered in determining bidders' responsibility. For any exception noted above, indicate below to whom it applies, initialing AGENCY, and dates of action. N/A The Contractor further certifies that it shall not knowingly enter into any transaction with any subcontractor, material supplier, or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from covered transactions by any federal or state department/agency. NOTE: Providing false information may result in criminal prosecution or administrative sanctions The above certification is part of the P opos . Signing this Proposal on the signature portion thereof shall also constitute signature of this C ficati Bidder: Signature Title SEAN CASTILLO, PRES I DENT EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION Bid #GS-22-23-M0148 2022-23 Annual Concrete Rehabilitation Program City Project No. M0148 City of Santa Clarita, California This bidder TORO ENTERPRISES, INC. , proposed subcontractor , hereby certifies that it has has not X participated in a previous contract or subcontract subject to the equal opportunity clause, as required by Executive Orders 10925.11114, or 11246, and that it has , has not x filed with the Joint Reporting Committee, and Director of Office of Federal Contract Compliance, a Federal Government contracting or administering AGENCY, or the former President's Committee on Equal Employment Opportunity, all repo s tha re under the applicable filing requirements. Company: TORO ENTERPRI ,INC. By: A,1, / - Title: SEAN CASTILLO, PRESIDENT Date: 12 /a/Z v Note: The above certification is required by the Equal Employment Opportunity of the Secretary of Labor (41 CFR 60-1.7(b)(1)) and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause as set forth in 41 CFR 60-1.5, (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, the Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime CONTRACTORS/BIDDER and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b)(1) prevents the award of contracts and subcontracts unless such BIDDER submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. BIDDER'S BOND Bid #GS-22-23-M0148 2022-23 Annual Concrete Rehabilitation Program City Project No. M0148 City of Santa Clarita, California Proposals must be accompanied by a proposal guarantee consisting of a certified check, cashier's check or BIDDER's bid bond payable to the CITY or cash deposit in the amount not less than ten (10) percent of the total amount bid. Certified check, cashier's check or Bidder's bid bond must be received at City Hall, 23920 Valencia Blvd., Santa Clarita, CA 91355, Attn: Purchasing, Suite 120, and marked with the words "BID BOND FOR" and the bid #, no later than the bid closing date and time, for the BIDDER to be considered responsive. NOTE: The following form shall be used in case check accompanies bid. Accompanying this Proposal is a *certified/cashier's check payable to the order of the City of Santa Clarita for: dollars ($ ), this amount being not less than ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of said CITY provided this Proposal shall be accepted by said CITY through action of its legally constituted contracting authorities, and the undersigned shall fail to execute a contract and furnish the required bonds within the stipulated time; otherwise, the check shall be returned to the undersigned. Project Name: 2022-23 Annual Concrete Rehabilitation Program Bid No. GS-22-23-MO148 Project No. M0148 Bidder's Signature CONTRACTOR/BIDDER Address City, State, Zip Code * Delete the inapplicable work. NOTE: If the bidder desires to use a bond instead of a check, the following form shall be executed. The sum of this bond shall be not less than ten percent (10%) of the total amount of the bid. PROPOSAL GUARANTEE BID BOND Bid #GS-22-23-M0148 2022-23 Annual Concrete Rehabilitation Program City Project No. M0148 City of Santa Clarita, California KNOW ALL PERSONS BY THESE PRESENTS that as BIDDER, and as SURETY, are held and firmly bound unto the City of Santa Clarita, as CITY, in the penal sum of dollars ($ ), which is ten percent (10%) of the total amount bid by BIDDER to CITY for the above -stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to CITY for the above -stated project, if said bid is rejected, or if said bid is accepted and the contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of CITY. IN WITNESS WHEREAS, the parties hereto have set their names, titles, hands, and seals, this CONTRACTOR: SURETY*: Day of 12023. Name and Title of Signatory Signature Legal Name of Bidder Bidder Address Telephone Number Federal Tax I.D. No. Name Phone Number and Email Address *Provide BIDDER and SURETY name, phone number, email, and the name, title, address, and phone number for authorized representative. IMPORTANT - Surety Companies executing Bonds must appear on the Treasury Department's most current list (Circular 570, as amended) and be authorized to transact business in the State where the project is located. Contractor and Surety signatures must be notarized prior to submittal. NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) Bid #GS-22-23-M0148 2022-23 Annual Concrete Rehabilitation Program City Project No. M0148 City of Santa Clarita, California To the CITY OF SANTA CLARITA: In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106, the Bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the Bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that 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, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that 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, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THE "BIDDER'S CERTIFICATION" SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH FORM A PART OF THE PROPOSAL. BIDDERS ARE CAUTIONED THAT MAKING A FALSE CERTIFICATION MAY SUBJECT THE CERTIFIER TO CRIMINAL PROSECUTION. NON -COLLUSION AFFIDAVIT Bid #GS-22-23-M0148 2022-23 Annual Concrete Rehabilitation Program City Project No. M0148 City of Santa Clarita, California TO BE EXECUTED BY EACH BIDDER OF A PRINCIPAL CONTRACT STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SEAN CASTILLO being first duly sworn deposes and says that he/she is the PRESIDENT (sole owner, a partner, president, etc.) of TORO ENTERPRISES, INC. the parry making the foregoing bid; that such bid is not made in the interest of or behalf of any undisclosed person, partnership, company, association, organization or corporation, that such bid is genuine and not collusive or sham, that said BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, or that anyone shall refrain from bidding, that said BIDDER has not in any manner, directly or indirectly sought by agreements, communication or conference with anyone to fix the bid price of said BIDDER or of any other BIDDER, or to fix the overhead, profit, or cost element of such bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the Contract or anyone interested in the proposed Contract; that all statements contained in such bid are true, and further, that said BIDDER has not, directly or indirectly, submitted its bid price, or any breakdown thereof, or the contents thereof, or divulged information or date relative thereto, or paid and will not pay any fee in connection, therewith to any corporation, partnership, company, association, organization, bid depository, or to any member or CITY thereof, or to any other individual information or date relative thereto, or paid and will not pay any fee in connection, therewith to any corporation, partnership, company association, organization, bid depository, or to any member or CITY thereof, orto any other individual, except to su,0 person or persons as have a partnership or otherfinancial interest with said BIDDER in his eeneraf�businZYs. Bidder: Sign Title SEAN CASTILLO, PRESIDENT CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 VSee Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) ---- -----------------/------------- of Document Signer No. 1 Signature of Document Signer No. 2 (if any) 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 VENTURA (%MY TYSON RISING COMM. #2388737 z ccNotary Public - California �zVentura County o Comm. Expires Dec. 31, 2025 Subscribed and sworn to (or affirmed) before me on this 28th day of DECEMBER 20 22 by Date Month Year (1) SEAN CASTILLO (and Name(o of Signer{) proved to me on the basis of satisfactory evidence to be the person(g) who appeared before me. Signature Public Seal 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 CITY OF SANTA CLARITA - PROJECT NO. M0148 - Title or Type of Document: BIDDERS INFO & CERTIFICATION Document Date: 12/28/2022 Number of Pages: Signer(s) Other Than Named Above: ©2014 National Notary Association • www.NationaiNotary.org + 1-800-US NOTARY (1-800-876-6827) Item #5910 URBAN FORESTRY SPECIFICATIONS FOR PARKWAY TREE PRESERVATION Bid #GS-22-23-M0148 2022-23 Annual Concrete Rehabilitation Program City Project No. M0148 City of Santa Clarita, California • Unless positioned on the street, driveway or sidewalk, no vehicles, heavy equipment, or construction material shall be permitted within a tree protected zone at anytime. • Locations with trees planted in a traditional parkway shall have the landscape and root system protected at all times by use of minimum % inch thick plywood or other approved material. In cases where large mature trees are located, protective fencing may / shall be required prior to removal of concrete and must remain in place until new concrete has been poured and project site is completed and cleaned. • Concrete being removed from within the protected zone of a parkway tree shall be jack - hammered into smaller pieces and removed by hand. No dragging or scraping pieces of concrete with excavator or backhoe across the root system as these rips and permanently damages critical roots necessary for survival and support of the tree. • Tree roots which are under two (2") inches in diameter may be removed just below the final grade required for concrete replacement without a required inspection. • In cases where roots are two (2") inches in diameter or greater, that need to be removed, the contractor shall give a minimum of 48-hour notice for an inspection. Do not order concrete in areas where there may be a question regarding root pruning. If the tree has to be removed as a result, the load of concrete will be rejected at no expense to the City of Santa Clarita. Contractor shall be required to give Urban Forestry 48 hour's minimum to have the tree scheduled for removal. Note: If once the roots have been exposed, and the City Arborist has determined the tree needs to be removed, the removal process may take 2-3 days to schedule due to required posting guidelines. • Any root approved for removal shall be cut clean using proper root pruning device (hand pruners, loppers, hand saw, chainsaw with carbide tip chain) Axes and Pulaski tools shall be kept sharp at all times during root pruning. Roots that are left splintered or ripped shall be cut clean prior to installation of forms and concrete. All root pruning shall be performed to the satisfaction of the City Arborist or a qualified representative of Urban Forestry. • The contractor shall give the City Arborist 48-hour prior notice for all tree inspections. • Contractor shall be financially responsible for any tree that is damaged and / or has to be removed as a result of non-compliance. This may include but is not limited to the cost of removal and replacement of said tree, monthly monitoring of damaged trees by a qualified tree consultant for a minimum of one (1) year (or as required by the City Arborist). • At no time shall the contractor be permitted to stage any equipment, vehicles, or material within the protected zone of any tree regardless of ownership. • At no time shall the contractor be permitted to clean / rinse concrete chutes, equipment or tools within the protected zone of any tree. • The contractor shall adhere to the ANSI A300 Standards - Construction Management Standard Part 5) and the Best Management Practices (BMP's) companion publication "Managing Trees During Construction" Second Edition. Copies may be obtained through the International Society of Arboriculture (ISA) website. www.isa-arbor.com Contractor(s) Signature: I SEAN CASTILLO PRESIDENT ave read and understand the above Tree Preservation Guidelines. Signature f SEAN CASTILLO, PRESIDENT Date �2 PROPOSAL GUARANTEE BID BOND Bid #GS-22-23-M0148 2022-23 Annual Concrete Rehabilitation Program City Project No. M0148 City of Santa Clarita, California KNOW ALL PERSONS BY THESE PRESENTS that Toro Enterprises, Inc. , as BIDDER, and Travelers Casualty and Surety Company of America as SURETY, are held and firmly bound unto the City of Santa Clarita, as CITY, in the penal sum of * dollars ($ ** ), which is ten percent (10%) of the total amount bid by BIDDER to CITY for the above -stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to CITY for the above -stated project, if said bid is rejected, or if said bid is accepted and the contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of CITY. > *Ten Percent of the Total IN WITNESS WHEREAS, the parties hereto have set their names, titles, hands, and seals; this Amount Bid 2022 27th Day of December **10% of the Total Amount Bid , XO�X�;' " CONTRACTOR: 5 r< �w5 ! /(/!�, �irPSIdP�►i� Name and Title of Signatory Signature Toro Enterprise, Inc. Legal Name of Bidder 2101 E VENTURA BLVD., OXNARD, CA 93036 Bidder Address 805-483-4515 �_ 7 — 0316 61 p4 Telephon umber Federal Tax I.D. No. SURETY*: / Name Ethan Spector, Attorney -in -Fact 909-612-3270, bbuildersp_travelers.com Phone Number and Email 655 N. Central Ave., Suite 1100, Glendale, CA 91203 Address *Provide BIDDER and SURETY name, phone number, email, and the name, title, address, and phone number for authorized representative. IMPORTANT - Surety Companies executing Bonds must appear on the Treasury Department's most current list (Circular 570, as amended) and be authorized to transact business in the State where the project is located. Contractor and Surety signatures must be notarized prior to submittal. 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, orvalidity of that document. State of California, County of Ventura, On 12/28/2022 before me, Tyson Rising, Notary Public Date Here Insert Name and Title of the Officer personally appeared Sean Castillo Name() of Signer(g) who proved to me on the basis of satisfactory evidence to be the person(A) whose name(A) is/fie subscribed to the within instrument and acknowledged to me that he/pe/t y executed the same in his/Vr/th05r authorized capacity(ieS), and that by his/Wr/tlir signature() on th6 instrument the person(4), or the entity upon behalf of which the person(s') acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. TYSON RISING o • COMM. #2388737 Z Notary Public - California Z Ventura County M Comm. Expires Dec. 31, 2025 Place Notary Seal Above ---------------------------- Signature --- 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: CITY OF SANTA CLARITA- PROJECT NO. M0148 -BID BOND Date: 12/27/2022 Number of Pages: _1 _ Signer (s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name Sean Castillo Signer's Name: e Corporate Officer — Title(s): President ❑ Corporate Officer — Title(s): []Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑Guardian or Conservator ❑ Other: Signer Is Representing: Toro Enterprises, Inc. Signer Is Representing: ©2014 National Notary Association - www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 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 Los Angeles ) On before me, D. Garcia, Notary Public Date Personally appeared Ethan Spector Here Insert Name and Title of the Officer Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person( whose name(k) is/XX subscribed to the within instrument and acknowledged to me that he/*y, executed the same in his&EX$t$f Vauthorized capacity), and that by his/jaNKtrsignature((k)ontheinstrumentthepersonk), orthe entity upon behalf of which the person(k) acted, executed the instrument. D. GARCIA Z COMM. *2354770 Z Notary Public California X = M Los Angeles County Comm. Ex ires Apr. 18, 2025 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand nd off ici seal. Signature Signature of Notary Public •---------------------------------------------------- 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 Number of Pages Document Date Signer(s) OtherThan Named Above Capacity(ies) Claimed by Signer(s) Signer's Name [7 Corporate Officer—Title(s) E] Partner ® Limited ® General ® Individual Fj Attorney in Fact ® Trustee rl Guardian or Conservator ® Other Signer's Name ® Corporate Officer—Title(s) Partner ® Limited ®General [-]Individual C Attorney in Fact 17 Trustee ® Guardian or Conservator 0 Other Signer Is Representing Signer Is Representing Travelers Casualty and Surety Company of America <`. Travelers Casualty and Surety Company TRAVELERSJ St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Ethan Spector of LOS ANGELES , California , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021. fi»wS"rr, ,Jt tY aN�s F p� n - ..�"'•/ P w NACOF'� '. C7aali CO J NN. o VAL y State of Connecticut City of Hartford ss. X1 By: Robert L. Rane , eniorVice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. ••"per �lp�^.. IN WITNESS WHEREOF, I hereunto set my hand and official seal. �'�% `*'':, ��G�i? r�i�GG� i Y.tifAAY u My Commission expires the 30th day of June, 2026 1* - 4- L4 Anna P. Nowik, Notary Public '1�M4FCy�+'r This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in - Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearinq such facsimile siqnature or facsimile seal shall be valid and bindinq upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 27th day of December , 2022 x• p`�v allo ��/ rS�Iy73Yif�y� 1 AWCfL7l '�` HAATF . < � COMA11 si CONK. a uu m t bt �N is Kevin E. Hughes, Assistant Secretary To verify the authenticity of this Power ofAttorney, please call us at 1-800-421-3880. Please refer to the above -named Attorneys) -in -fact and the details of the bond to which this Power ofAttorney is attached, No. 6516 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAIv F RANCISCO Amended Certificate of Authority THIS IS TO CERTIFY that, pursuant to the Insurance Code of the State of California, Travelers Casualty and Surety Company of America of Hartford, Connecticut, organized under the laws of Connecticut, subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance: Fire, Marine, Surety, Disability, Plate Glass, Liability, Workers' Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, Team and Vehicle, Automobile, Aircraft and Miscellaneous as such classes are now or may hereafter be de0ned in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WITNESS WHEREOF, effective as of the 1st day of July, 1997, I have hereunto set my hand and caused my official seal to be affixed this 16a, day of June, 1997. Fee: $ 92.00 Chuck Quackenbush Rai No r r Filed: 5/28/97 By Victoria S. Sidbury Deputy Certification I, the undersigned Insurance Commissioner of the State of California, do hereby certify that I have compared the above copy of Certificate ofAuthority with the duplicate of original now on file in my office, and that the same is a full, true, and correct transcript thereof and of the whole of said duplicate, and said Cert ficate ofAuthority is now in full force and effect. IN WITNESS WHEREOF, I have set my hand and caused my official seal to be affixed this 29a, day of September, 2020. Ricardo Lara 6esurance Commis/sinner By Magnoliautierrez I - GENERAL ENGINEERING CONTRACTORS Certificate of Corporate Authority I hereby certify that Toro Enterprises, Inc. is a duly organized and existing California corporation, which has the power to take the action called for by the following resolution. I further certify that Sean Castillo is President, Jerry Hannigan is Secretary and Trent Royle is Vice President of Operations and all have the authority individually to execute bid bonds, bid submittals, contract documents and change orders on behalf of the corporation as stated in the minutes of the Board of Directors' Meeting of Toro Enterprises, Inc. held July 15, 2016. In witness whereof, I have affixed by hand and seal of said corporation this 15'1' day of July 2016. Jerry Hannigan Secretary JH/rc Equal Opportunity Employer PO BOX 6285, OXNARD, CA 93031 PHONE: (805) 483-4515 FAX: (805) 483-3635