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HomeMy WebLinkAboutItem 10 - New Traffic Signal Installation at Chestnut Avenue and Zoo Lane (Formerly Elk Lane)Public Works Agency www.santa-ana.org/public-works Item # 10 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report January 16, 2024 TOPIC: New Traffic Signal Installation at Chestnut Avenue and Zoo Lane (Formerly Elk Lane) AGENDA TITLE Award a Construction Contract to Baker Electric & Renewables LLC in the Amount of $691,335 for the Traffic Signal Installation at Chestnut Avenue and Zoo Lane (formerly Elk Lane) with an Estimated Project Delivery Cost of $864,168 (Project No. 23-6999) (Non -General Fund) RECOMMENDED ACTION 1. Approve an amendment to the Fiscal Year 2023-24 Capital Improvement Program to include $864,168 of funding in Transportation System Impact Authority (TSIA) Area A and Capital Outlay Fund Parks Improvement funds for the Traffic Signal Installation at Chestnut Avenue and Zoo Lane (formerly Elk Lane) . 2. Approve an appropriation adjustment to recognize Transportation System Impact Authority Area A funds in an amount of $839,168 in the Prior Year Carry Forward revenue account, and appropriate the same amount to the Transportation System Impact Authority Area A, Improvements Other than Buildings expenditure account. (Requires five affirmative votes) 3. Authorize budget reallocation of $25,000 in unspent Capital Outlay Fund Parks Improvement account from the Maintenance & Repair Buildings & Ground (No. 24- 2600) Project to construction funds for the Traffic Signal Installation at Chestnut Avenue and Zoo Lane (formerly Elk Lane) (No. 23-6999) to complete the project funding requirement 4. Award a construction contract to Baker Electric & Renewables LLC., the lowest responsive bidder, in accordance with the base bid in the amount of $691,335, subject to change orders (not to exceed 25% of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for construction of new Traffic Signal Installation at Chestnut Avenue and Zoo Lane (formerly Elk Lane) Project, for the term beginning December 19, 2023 and ending upon project completion. New Traffic Signal Installation at Chestnut Avenue and Zoo Lane (Formerly Elk Lane) January 16, 2024 Page 2 5. Approve the Project Cost Analysis for a total estimated construction delivery cost of $864,168, which includes $691,335 for the construction contract, $103,700 for contract administration, inspection, and testing; and a $69,133 project contingency for unanticipated or unforeseen work. 6. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2020-96 was filed for the project 23-6999. GOVERNMENT CODE §84308 APPLIES: No DISCUSSION A 2017 traffic impact analysis conducted for the development project at 1660 East First Street Elks Apartments indicated that a traffic signal is warranted at the intersection of Chestnut Avenue and Zoo Lane (formerly Elk Lane). Under the Mitigation Fee Act, the developer made a one-time payment to the City for their fair share of the cost to provide the necessary improvements. These funds were deposited in the Traffic System Impact Authority (TSIA) Area A revenue account and will be used to construct a new traffic signal at the intersection of Chestnut Avenue and Zoo Lane (formerly Elk Lane). The scope of work includes installation of traffic signal poles, conduit, wiring, video detection system, emergency vehicle preemption system, and a decorative Santa Ana Zoo themed crosswalk. Funding from Parks & Recreation Maintenance and Repair funds will be used to partially fund the Santa Ana Zoo themed crosswalk. The project will also install new traffic signal fiber optic communication on Chestnut Avenue between Zoo Lane (formerly Elk Lane) and Grand Avenue, with improvements on Chestnut Avenue at Lyon Street and Grand Avenue (Exhibit 1). The purpose of the project is to improve traffic flow, safety, and accessibility for motorists, pedestrians, and bicyclists that utilize this corridor. Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, the City notified a total of 39 regional vendors via PlanetBids, many of which are Santa Ana based. A total of six bids were received. No bids were received from any Santa Ana contractors. As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on August 30, 2023 and September 6, 2023. The project was also advertised on PlanetBids on September 9, 2023, and September 20, 2023.Bids were received electronically via PlanetBids on September 20, 2023. No bid protest was submitted by any of the bidders during the bid protest period. New Traffic Signal January 16, 2024 Page 3 Installation at Chestnut Avenue and Zoo Lane (Formerly Elk Lane) Bid Results Summary Rank Bidder's Name Location Base Bid 1 Baker Electric &Renewables Escondido, CA $691,335 2 Elecnor Belco Electric, Inc. Chino, CA $697,588 3 International Line Builders, Inc. Corona, CA $725,017 4 Select Electric, Inc. Vista, CA $749,079 5 DBX, Inc. Temecula, CA $749,200 6 Comet Electric, Inc Chatsworth, CA $802,868 A total of 6 bids were received and all were deemed responsive. Baker Electric and Renewable, Inc. submitted the lowest responsive base bid in the amount of $691,335 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid. Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to Baker Electric & Renewables LLC in the amount of the base bid totaling $691,335 (Exhibit 3). Baker Electric & Renewables LLC has worked satisfactorily on various projects for the City of Santa Ana throughout the last several years. The most recent project is the Street Light Poles Replacement Project FY 2022-23. Project Delivery To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection includes construction management; implementation of the labor requirements; inspection of the Contractor's work to ensure contract compliance, workmanship, and quality; and materials testing. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $864,168. Project Item Total Construction Contract Bid Amount $ 691,335 Construction Administration, Inspection, Testing $ 103,700 Project Contingencies $ 69,133 TOTAL ESTIMATED CONSTRUCTION DELIVERY COST $ 864,168 New Traffic Signal Installation at Chestnut Avenue and Zoo Lane (Formerly Elk Lane) January 16, 2024 Page 4 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2020-96 was filed for the project 23-6999. FISCAL IMPACT Approval of the requested Appropriation Adjustment will recognize TSIA Area A funds in the amount of $839,168 in the Prior Year Carry Forward revenue account (No. 99117002-50001) and appropriate the same amount to the TSIA Area A, Improvements Other than Buildings expenditure account (No. 99117950-66220). Approval of the request to reallocate funds will provide funding in the amount of $25,000 in unspent Capital Outlay Fund Parks Improvement funds from the Maintenance & Repair Buildings & Ground Project (No. 24-2600). Project No. 23-6999 is the number assigned to the funding for tracking of all expenditures to deliver the construction of this project. As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $864,168, which includes construction, contract administration, inspection and testing, and authorized contingencies of $103,700. All funds are available for expenditure in Fiscal Year 2023- 24, however any remaining balances not expended at the end of the fiscal year will be carried forward into FY 2024-25. The following table summarizes the funds budgeted for expenditure to deliver construction of this project: Accounting Fiscal Unit - Account Fund Accounting Unit, Amount Year No. Description Account No. Description (Project No.) APPROPRIATION ADJUSTMENT Transportation Transportation System 2023- 99117950- 66220 System Improvements Improvements Authority $g39,168 24 (23-6999) Authority Area Area A, Improvements A Other Than Buildings ADDITIONAL BUDGET/BUDGET REALLOCATION 05113263- Park Improvements, 2023- 62320 (From 24- Capital Outlay Maintenance &Repair $25,000 24 2600 to 23- Fund Buildings &Ground 6999) New Traffic Signal January 16, 2024 Page 5 Installation at Chestnut Avenue and Zoo Lane (Formerly Elk Lane) Accounting Fiscal Unit - Account Fund Accounting Unit, Amount Year No. Description Account No. Description (Project No.) Additional Budget/Budget Reallocation Total $839,168 Total $864,168 EXHIBIT(S) 1. Location Map 2. Bid Proposal 3. Construction Contract 4. Cost Analysis 5. CIP Project Sheet Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Tom Hatch, Interim City Manager Exhibit 1 SANTA ANA Project No. 23-6999: uajTraffic Signal Installation at Chestnut Avenue and PUBLIC WORKS AGENCY E I k Lane CITY OF SANTA ANA PROPOSAL PROJECT NO.: 23-6999 TRAFFIC SIGNAL INSTALLATION AT CHESTNUT AVENUE AND ELK LANE BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Baker Electric & Renewables LLC REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount 1 Traffic Signal Installation at Chestnut Ave and Elk Ln I LS $ $ 2 Install Video Detection System 1 LS $ $ 3 Install GTT Opticom GPS EVP System 1 LS $ $ 4 Install 2" PVC per plan 50 LF $ $ 5 Install 3" PVC per plan * 2350 LF $ $ 6 Install 4" PVC per plan 350 LF $ $ 7 No. 6 Pull Box 12 EA $ $ 8 No. 6E Pull Box 5 EA $ $ 9 SCE Pull Box I EA $ $ 10 144 Strand SMFO * 2800 LF $ $ 11 12 Strand SWO 150 LF $ $ 12 Install IP Communication System at Chestnut Ave & Elk Ln 1 LS $ $ 13 Install IP Communication System at Chestnut Ave & Lyon St 1 LS $ $ P-1 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 23-6999 TRAFFIC SIGNAL INSTALLATION AT CHESTNUT AVENUE AND ELK LANE Item Description Qty Unit Unit Price Amount 14 Install IP Communication System at Chestnut Ave & Grand Ave 1 LS $ $ 15 Pothole Pole Location for Utility Conflicts 5 EA $ $ 16 Pothole Utilities Not Shown on Plan 5 EA $ $ 17 Signing and Striping 1 LS $ $ 18 Decorative Crosswalk ] LS $ $ 19 PCC Curb Ramp * 80 SF $ $ 20 PCC Sidewalk (4") * 40 SF $ $ 21 Construction Permit l LS $6,000 $6,000 P-2 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 23-6999 TRAFFIC SIGNAL INSTALLATION AT CHESTNUT AVENUE AND ELK LANE TOTAL BASE BID $ The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. t This bid item is considered a Specialty Item per Section 3-2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within sixty (60) working days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $3,500 per calendar day. Name of Firm Baker Electric & Renewables LLC Signature of BIDDER Ted Baker Title CEO -President (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) P-3 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 23-6999 TRAFFIC SIGNAL INSTALLATION AT CHESTNUT AVENUE AND ELK LANE BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the 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 BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. Name of Firm Baker Electric & Renewables LLC Signature of BIDDER Ted Baker Title CEO -President (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) P-4 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 23-6999 TRAFFIC SIGNAL INSTALLATION AT CHESTNUT AVENUE AND ELK LANE CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: Baker Electric & Renewables LLC Business Address: 1298 Pacific Oaks Place Escondido CA 9202 Business E-Mail Address: oecheverri agbaker-electric.com Telephone: 760,445.7411 State Contractor's License No. and Class: 161756 License Expiration Date: 05/31/24 State Dept. of Industrial Relations (DIR) Registration No.: 1000000466 State Dept. of Industrial Relations (DIR) Registration Expiration Date: Signed: Title: Ted Baker CEO -President 06/30/24 P-5 of P-1 S CITY OF SANTA ANA PROPOSAL PROJECT NO.: 23-6999 TRAFFIC SIGNAL INSTALLATION AT CHESTNUT AVENUE AND ELK LANE PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. Name of Firm Baker Electric & Renewables LLC Signature of BIDDER Title CEO -President (if an individual, so state) Ted Baker P-6 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 23-6999 TRAFFIC SIGNAL INSTALLATION AT CHESTNUT AVENUE AND ELK LANE OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE )SS-. CITY OF SANTA ANA ) Ted Baker being duly sworn, deposes and says: ❑ INDIVIDUAL That he/she is the party making the foregoing proposal: ❑ PARTNERSHIP That he/she is a member of the co -partnership firm designated as: and who has been and is duly vested with the authority to make and execute instruments for the co -partnership by: who constitute the other members of the co -partnership. ❑ CORPORATION That he is of: Baker Electric & Renewables LLC a corporation which is making the foregoing proposal: ❑ JOINT VENTURE That he is of: one of the parties making the foregoing proposal as a joint venture, and the he/she has been and is duly vested with the authority to execute instruments for an on behalf of the parties making said bid who are: that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the proposed contract, for himself or any other person. Signature of Bidder Subscribed and sworn to before me this �,-12 temher day of Signature of officer Administering Oath (Notary Public) 19 2023 P-7 of P-18 ACKNOWLEDGMENT 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 9/19/2023 before me, Jessica Getchel, Notary Public (insert name and title of the officer) personally appeared Ted N Baker who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), 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. WITNESS my hand and official seal. Signature *my JESSICA GETCHEL Notary Public • California San Diego County Commission 9 2318319 Comm. Expires Jan 9, 2024 (Seal) CITY OF SANTA ANA PROPOSAL PROJECT NO.: 23-6999 TRAFFIC SIGNAL INSTALLATION AT CHESTNUT AVENUE AND ELK LANE KNOW ALL PRESENT that, Baker Electric & Renewables LLC as BIDDER, and Fidelity and Deposit Company of Maryland , as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY. in the penal sum of Ten Percent of Amount Bid Dollars (S 10% ). which is ten percent (10%) of the total amount bid by BIDDER to AGENCY 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 AGENCY for the above -stated project. if said bid is rejected, or if said bid is accepted and a 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 AGENCY. IN WITNESS WHEREOF the parties hereto have set their names, titles. hands, and seal this 15th day of September , 2023 . BIDDER* Baker Electric & Renewables LLC 1298 Pacific Oaks Place, Escondido, CA 92029 (760) 745-2001 Title: Ted N. Baker, President SURETY* Fidelity and Deposit Company of Maryland By: Title: F. McMahon, 777 S. Rgueroa Street, Ste 3900, Los Angeles, CA 90017, (213) 270-0600 Attorney in -Fact Lawrence F. McMahon, 701 B Street, 6th Floor, San Diego, CA 92101, (619) 238-1828 Subscribed and sworn to before me this 20 Signature: Notary Public in and for the County of State of day of * Provide BIDDER/ SURETY name. address. and telephone number and the name, title. address. and telephone number of authorized representative. Please See Attached California All -Purpose Acknowledgment for Surety P-8 of P-18 ACKNOWLEDGMENT 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 9/19/2023 before me, Jessica Getchel, Notary Public (insert name and title of the officer) personally appeared Ted N Baker who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), 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. WITNESS my hand and official seal. Sign (Seal) JESSICA GET CHEL Notary public - California San Diego County Commititssion T 23783]9 My Comm. Expires Jan 9, 2024 r CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 s.crcx,�.�.rtirti:ctir,�.c�,ccc,�ress-c�r�c.�csr,�r,�c�c,�ccr,��acccccr,�rcccrzccrccTc�ccr.�c:c:r.cc�c�.M.��r, 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 SEP 15 2023 before me, Sarah Myers, Notary Public , Date Here Insert Name and Title of the Officer personally appeared Lawrence F. McMahon Narne(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. SARAH MYERS Notary Public • California ?Y i f t1 sari oiN0 cou,ity CGmmisSic,r. ;1 23 i i 32 MY Comm. Dpires Rev 30. 2013 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 a official seal. Signature Sn)tbre of tary 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: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual [K Attorney in Fact O Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Surety Company Number of Pages: Signer's Name: O Corporate Officer — Title(s): O Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing: �i.✓�`��Cu;+rCCI:U;CL;'t;C�%C.�_<:t<.uv�;;<%LU�t3C.�i.��CG`C� �c:CGIJc%Cci:.GJc:L`U:CCc%i7t;.:'t%CCL`CL'c::.'L:Lt%<:'—'t;CC.<%C.'cCt%L`cL`C:C,'LL`C:.Y C2015 National Notary Association • www.Nabona]Notary.org - 1-800-US NOTARY (1-800-876-6827) Item lt5907 ZI'RICH AMERICAN INSITRANC'E COMPANY COLONIAL AMERICAN CASUALTV AND SURE"' COMPANY FIDELITY AND DEPOSIT COMPANY OF MARVLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the %URIC[ I AMERICAN INSURANCE COMPANY, a corporation of the State of New York. the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. a corporation of the State of Illinois, and the FIDELITY ANT) DEPOSIT COMPANY 01' MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"). by Robert 1). Murray, Vice President. in pursuance of authority granted by Article V. Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and arc hereby certified to be in full fierce and effect on the date hereof: do hereby nominate, constitute. and appoint Lawrence F. MCMAIION. Sarah MYERS, Maria GUISE, Ryan E. WARNOCK, Janice MARTIN, Tara BACON, John R. QUALIN, Maria HALLMARK of San Diego, California EACH, its true and lawful agent and Attorney -in -Fact. to make, execute, seal and deliver, f'or, and on its behalf as surely, and as its act and dead: any and all bonds and undertakings, and the execution ol'such bonds or undertakings in pursuant of these presents. shall be as binding upon said Companies. as fully and amply, to all intent%and purposes, as it' they had hccn duly executed and acknowledged by die regularly elected oRiccrs of the LURICTI AMERICAN INSURANCE COMPANY at its ollicc in New York, New York.. the regularly elected officers orthe COLONIAL AMERICAN CASUALTY ANT) SURETY COMPANY at its office in Owings Mills. Maryland- and the regularly elected officers of (lie FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V. Section 8, of the By -Laws of said Companies. and is now in force. IN U'ITNIiSS WI1FRL'OI', the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN 1NSi'RANCF. COMPANY, COLONAAI. AMERICAN CASUALTY AND SI'RETI' COIIPANl'. and FIDELITY AND DEPOSIT COMPANY OF MARVL4ND, this 121 day of July, A.D. 2021. OM ATTEST: ZURICH AMERICAN INSI'RANC•E COMPANY' COLONIAL. AMERICAN CASUALTY AND St VF.TY C0%lPANI• FIDELITY AND DFPOSIT COMPANYOF MARYIAND Br: Robert U. ,tllrrrcn flee President lit•: 1)nu•�r C•. lJrow•n 5ec•Prlcrrt• State of Maryland County of HAIdmorc On this 12th day of July. A.D. 2t12I. before the subscriber, a Notary Public of the State of Maryland. duly commissioned and qualified. Robert D. Murray. Vice President and Dawn E. Brown, Secretary ofthc Companies, to me personally known to be the individuals and oliiccrs de:scnbed in and who cxLLuted the prcc dmg instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that he/she is the said officer of the Company aforesaid• and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly aQixcd and subscribed to the said instrument by the authority and direction of the said Corporations IN'TI STIMONY WI IE'REt )F. I have hereunto set my hand and affixed my Official Seal the day and year first ab o%c written Constance A Dunn. Nolan Public Kfy Commission Expires July 9, 2023 Authenticity of this bond can be confirmed at bondvalidatorzurichna.com or 4 10-559-8790 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chicf lixccutive Officer. the President. or anv Executive Vice ['resident or Vice President may. by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies. recognwanecs. stipulations, undertakings. or other like instruments on behalf of the Company, and may authorize any officer or any such attomey-in-fact to affix the corporate seal thereto: and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE 1, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY. the COLONIAL. AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certif}' that the foregoing Power of Attorney is still in full force and effect on the date of this certificate: and I do further certify that Article V. Section 8. of the By Laws of the Companies is still in force:. This Power of Attomcy and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCF. COMPANY at a meeting duly called and held on the 15th day of Ikcember 1998. RESOLVE,D: "That the signature of the President or a Vice: ]'resident and the attesting signature of a Secretary or an Assistant Secretan and the Scat of the Cumpan) may Ka affixed by facsimile on any Power of Auorncy...Any such Power or any certificate there,,rbearing such facsimile signature and seal shall ere: valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL. AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 51h day of May. 1994. and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the loth day of May. 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanicalh reproduced signature of any Vice: -President. Secretary. or Assistant Secrctan of the ComNny. whether made heretofore or hereafter. whenever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY NVT IERFOF. I have hereunto subscribed my name and affixed the corporate seals of the said Companies. this 15th day of September . 2023 . a+r `+ 1111tt e� v� By: Brian M. I lodges Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 wn�w.reportsfelaims(q)zurichna.com 800-626-4577 Authenticity of this bond can be confirmed at bondvalidatorzurichna.com or 410.559-8790 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 23-6999 TRAFFIC SIGNAL INSTALLATION AT CHESTNUT AVENUE AND ELK LANE LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: ''/z% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: %z% of the bid subcontractors Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name License #/Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ Signature of Bidder Name License #/Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ P-9 of P- 18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 23-6999 TRAFFIC SIGNAL INSTALLATION AT CHESTNUT AVENUE AND ELK LANE REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years. 1. Moreno Valley Ranch ITS & Pigeon Pass Road ITS City of Moreno Valley Name and Address of Owner. John Kerenyi (951) 413-3140 Name and Telephone Number of person familiar with project. $541,819.39 In tallatimfiberopticable vlicing conduit, replacmuntofoal}icsignal wnuoilen,and OS/2021 imulLtimof—tauxtiafi—fttcmi Contract Amount Type of Work Date Completed 2. LA Traffic Signal Svnc. Phase 2 Segment 2 City of Los Angeles Name and Address of owner. Craig Wessels (213) 725-1005 Name and Telephone Number of person familiar with project. $8,991,001 Upgrade traffic signal equipment 05/2022 Contract Amount Type of Work Date Completed 3. Citvwide Traffic Signal Improvements Proiect. HSIP Cvcle 9 City of Placentia Name and Address of owner. Earl Fraser (909) 595-8599 Name and Telephone Number of person familiar with project. $1 283 450 Traffic signal improvements, video detection, larger signal heads, 09/2022 f pedestrian push buttons 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 and bonds. Zurich American Insurance Company 1400 American Ln, Schaumburg, IL 60196 Maria Hallmark (619) 849-3833 P-10 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 23-6999 TRAFFIC SIGNAL INSTALLATION AT CHESTNUT AVENUE AND ELK LANE ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar work in the past five years. 1. Multi Neighborhood Street Light LED Retrofit Project Phase 2 201 North Broadway, Escondido, California 92025 Name and Address of Owner. Kevin Brickley (760) 855-6129 Name and Telephone Number of person familiar with project. $304 698.34 R°"''°r" LED =di&&nfayH "f" &rrp�`°`with OS/2021 7 9aiad LED evodig tR nfhy fixw=at—i—loc ti Contract Amount Type of Work Date Completed 2 Culver Dr/Bonita Cyn Dr/Ford Rd Regional Traffic Signal Synchronization Program Project (RTSSP) I Civic Center Plaza, Irvine, CA 92606 City of Irvine Name and Address of owner. Felix Velasco (949) 724-7545 Name and Telephone Number of person familiar with project. $669,745 Traffic signal modifications Contract Amount Type of Work 12/2021 Date Completed 3. San Marcos Citywide ADA Infrastructure Improvements -1 Civic Center Drive, San Marcos, CA 92069 Name and Address of owner. Jason Linsdau (760) 802-7218 Name and Telephone Number of person familiar with project. $773,303 Contract Amount Public Illumination improvements Type of Work 09/2021 Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Zurich American Insurance Company 1400 American Ln, Schaumburg, IL 60196 Maria Hallmark (619) 849-3833 P-11 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 23-6999 TRAFFIC SIGNAL INSTALLATION AT CHESTNUT AVENUE AND ELK LANE NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) 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. Note: The above Non -collusion Affidavit is part of the Proposal. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California County of Escondido Subscribed and sworn to (or affirmed) before me on this September day of 19 , 2023, by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me Notary Public Signature Notary Public Seal P-12 of P-18 ACKNOWLEDGMENT 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 9/19/2023 before me, Jessica Getchel, Notary Public (insert name and title of the officer) personally appeared Ted N Baker who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), 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. �• JES51CA GETCHEL Notary Public - California San Diego County WITNESS my hand and official seal. Z ;'A Commission k 2318319 My Comm. Expires Jan 9, 2024 Signature (Seal) CITY OF SANTA ANA PROPOSAL PROJECT NO.: 23-6999 TRAFFIC SIGNAL INSTALLATION AT CHESTNUT AVENUE AND ELK LANE NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. P-13 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.. 23-6999 TRAFFIC SIGNAL INSTALLATION AT CHESTNUT AVENUE AND ELK LANE 7. The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Ted Baker Title: CEO -President Firm: Baker Electric & Renewables LLC ' Date: 09.19.23 P-14 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 23-6999 TRAFFIC SIGNAL INSTALLATION AT CHESTNUT AVENUE AND ELK LANE STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: 1. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. EmpIoy the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. Signed: Ted Baker Title: CEO -President Firm: Baker Electric & Renewables LLC Date: 09.19.23 P-15 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 23-6999 TRAFFIC SIGNAL INSTALLATION AT CHESTNUT AVENUE AND ELK LANE STATEMENT REGARDING "ANTI -KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled. Signed: Ted Baker / / �� _ ---- Title:CFO-President Firm: Baker Electric & Renewables LLC Date: 09.19.23 P-16 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 23-6999 TRAFFIC SIGNAL INSTALLATION AT CHESTNUT AVENUE AND ELK LANE PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No If the answer is yes, explain the circumstances in the following space. P-17 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 23-6999 TRAFFIC SIGNAL INSTALLATION AT CHESTNUT AVENUE AND ELK LANE STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA) REQUIREMENTS This is to certify that the undersigned BIDDER, and subcontractors, have read and understood the CWA entered into by and between the City of Santa Ana, the Los Angeles/Orange Counties Building and Construction Trades Council, and the signatory Craft Councils and Local Unions, effective as of September 1, 2017. The CWA is available at: https://www.santa-ana.org/documents/community-workforce-agreement/ The undersigned BIDDER hereby agrees to comply with all terms and conditions of the CWA, and is capable of completing construction of the project continuously, and without interruptions or delays. If awarded any work covered by the CWA, BIDDER will also be required to sign the Letter of Assent that appears as Attachment A to the CWA. The undersigned BIDDER has reviewed the Public Works Construction Permit and required deposit described in Section 2-2a and the Notice of Inviting Bids. Signed: Ted Baker Title: CEO -President Firm: Baker Electric & Renewables LLC Date: 09.19.23 P- l 8 of P-18 EXHIBIT 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT 23-6999 TRAFFIC SIGNAL INSTALLATION AT CHESTNUT AVENUE AND ELK LANE This CONSTRUCTION CONTRACT is made and entered into this 16t1i day of January, 2024 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "CITY"), and Baker Electric & Renewables LLC (hereinafter "CONTRACTOR"). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the NE Annexation Water & Sewer Main Improvements Project (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications f'or Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Community Workforce Agreement • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Six Hundred Ninety One Thousand Three Hundred Thirty Four Dollars and Ninety Six Cents ($691,334.96), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A," and in accordance with Section 2-7.1 of the Greenbook: Standard Specifications for Public Works Construction. The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any rev. 08/01/2023 Pagel of 3 class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website at: http://www.santa-ana.ora/pwa/docLunents/CWA.pdf CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price. 9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. 10. INDEMNIFICATION. To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney's fees, for injury, including death to any person or damage to any property, arising directly or indirectly from, or in any manner relating to, any of the following: (i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier; Page 2 of 3 (ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents; (iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties; (iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower tier, for Work of Improvement performed on or off the project site; and (v) Any personal injury, property damage or economic loss to third persons related to and arising from the performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of the Work of Improvement. (vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indemnitee. IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: CITY OF SANTA ANA JENNIFER L. HALL City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney �� M;J;i� JOSE MONTOYA Assistant City Attorney RECOMMENDED FOR APPROVAL: NABIL SABA, PE Executive Director Public Works Agency THOMAS HATCH Interim City Manager CONTRACTOR: Baker Electric & Renewables LLC AME: Ted N. Baker TITLE: President Page 3 of 3 Exhibit 4 COST ANALYSIS CONSTRUCTION OF PROJECT NO. 23-6999: Traffic Signal Installation at Chestnut Avenue and Elk Lane Construction Contract $ 691,334.96 Contract Administration, Inspection and Testing $ 103,700.24 Contingencies $ 69,133.50 TOTAL ESTIMATED CONSTRUCTION COSTS $ 864,168.70 PROJECT TITLE: Chestnut Ave and Elk Ln Traffic Signal Installation PROJECT CATEGORY: Traffic Improvements Traffic Improvements LOCATION MAP N EXHIBIT 5 CITY OF SANTA ANA FY 23/24CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT DESCRIPTION: Design and install a new traffic signal on Chestnut Avenue and Elk Lane. PROJECT NEED: Project is needed to enhance traffic safety and increase mobility. PROJECT COSTS FY 23124 FY 24125 FY 25126 FY 26127 FY 27128 FY 28129 FY 29130 Construction 692,000 - - - - - - Contingency 70,000 Engineering 104,000 TOTAL 866,000 SOURCE OF FUNDS FY 23124 FY 24125 FY 25126 FY 26127 FY 27128 FY 28129 FY 29130 CAPITAL OUTLAY/CELL 25,000 - - - - - - TOWER ==MR TRANSP SYS IMP 841,000 AUTHORITY TOTAL 866,000 AGENCY: DIVISION: CONTACT: DATE: Public Works Traffic Engineering Cesar Rodriguez, Senior Civil Engineer 29-Nov-2023