HomeMy WebLinkAboutBAKER ELECTRIC & RENEWABLES LLC (TRAFFIC SIGNAL INSTALLATION AT CHESTNUT AVENUE AND ELK LANE)INSURANCE ON FILE
WORN MAY PROCEED
UNTIL INSURANCE EXPIRES
C -TRA1C CITY OF SANTA ANA
CITY CLERK
DATE: FEB 2 3 2n24 CONSTRUCTION CONTRACT
O• PVJAC2) PROJECT23-6999
f oYN psi^ r TRAFFIC SIGNAL INSTALLATION AT CHESTNUT AVENUE AND ELK LANE
This CONSTRUCTION CONTRACT is made and entered into this 19' day of December, 2023 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 for 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
mv 09ro1/2023 Page I of
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: I)ttp://www.saiita-aiia.oi'g/pwi/doeLimetits/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 2of3
(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:
MR.
°''r. �.
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
LN
JOSE MONTOYA
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
OAIABIL SABA, PE
Executive Director
Public Works Agency
CITY OF SANTA ANA
AW�*-
4
HOMAS HATCH
Interim City Manager
CONTRACTOR: Baker Electric & Renewables LLC
NAME: Ted N. Baker
TITLE: President
Page 3 of 3
Exhibit A
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
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
I
Traffic Signal Installation at
Chestnut Ave and Elk Ln
I
LS
$ 242,334.00
$ 242,334.00
2
Install Video Detection System
1
LS
$ 32,003.00
$ 32,003.00
3
Install GTT Opticom GPS EVP
System
1
LS
$ 13,516.00
$ 13,516.00
4
Install 2" PVC per plan
50
LF
$ 123.82
$ 6,191.00
5
Install 3" PVC per plan *
2350
LF
$ 54.87
$ 128,959.00
6
Install 4" PVC per plan
350
LF
$114.09
$ 39, 930.00
7
No. 6 Pull Box
12
EA
$2,044.58
$ 24,535.00
8
No. 6E Pull Box
5
EA
$1,904.00
$ 9,594.00
9
SCE Pull Box
1
EA
$2,000.00
$ 2,000.00
10
144 Strand SMFO *
2800
LF
$ 4.05
$ 11, 337.00
11
12 Strand SWO
150
LF
$ 5.50
$ 825.00
12
Install IP Communication System at
Chestnut Ave & Elk Ln
1
LS
$ 7,689.00
$ 7,689.00
13
Install IP Communication System at
Chestnut Ave & Lyon St
1
LS
$ 17,700
$ 17,700
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
$ 7,689.00
$ 7,689.00
15
Pothole Pole Location for Utility
Conflicts
5
EA
$ 659.40
$ 3,297.00
16
Pothole Utilities Not Shown on Plan
5
EA
$ 1,205.00
$ 6,025.00
17
Signing and Striping
1
LS
$ 9,865.00
$ 9,865.00
18
Decorative Crosswalk
1
LS
$ 82,990.00
$ 82,990.00
19
PCC Curb Ramp *
80
SF
$ 354.00
$ 28,320.00
20
PCC Sidewalk (4") *
40
SF
$ 265.50
$10,620.00
21
Construction Permit
1
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-1 8
Mai, Dann
From: City of Santa Ana <certificate-request@ctrax.jdidata.com>
Sent: Thursday, February 8, 2024 4:56 PM
To: ConstructionContracts; constructioncerts@MarshMMA.com; Castillo, Jose Gilbert;
jharris@baker-electric.com
Subject: Internal Notice of Compliance
NOTICE OF COMPLIANCE
CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL
Contractor Baker Electric & Renewables LLC
Name:
Project 23-6999
Number:
Project TRAFFIC SIGNAL INSTALLATION AT CHESTNUT AVENUE AND ELK
Name: LANE
The Certificate of Insurance (COI) submitted indicates that the coverages comply with the
insurance requirements.
The compliant coverage(s) are:
TYPE OF INSURANCE
POLICY NUMBER
EXPIRATION
COI DATE
FILE NAME
DATE
City-of-Santa-
Ana_Baker-Electric-
AUTOMOBILE LIABILITY
MWTB31255323
03/01/2024
07/17/2023
_23-24-GL-AL-WC-
_7-17-
2023_28646321.pdf
City-of-Santa-
Ana_Baker-Electric-
GENERAL LIABILITY
MWZY31255423
03/01/2024
07/17/2023
_23-24-GL-AL-WC-
_7-17-
2023_28646321.pdf
City -of -Santa -
Ana Baker -Electric -
POLLUTION LIABILITY/PROFESSIONAL
PCADB50215290323
03/01/2024
07/17/2023
_23-24-GL-AL-WC-
_7-17-
2023_28646321.pdf
1
TYPE OF INSURANCE I POLICY NUMBER EXPIRATION COI DATE FILE NAME
DATE
WORKERS COMPENSATION AND EMPLOYERS'
LIABILITY
Thank you,
MWC31255523 1 03/01/2024 1 07/17/2023
No further action is required at this time.
City of Santa Ana
Risk Management Division
in partnership with
CTrax Plus Services Team
2/8/2024 7:55 PM
2
City-of-Santa-
Ana_Baker-Electric-
23-24-GL-AL-WC-
_7 17
2023_28646321.pdf
Martinez, Miguel
From: Toni Wright <twright@baker-electric.com>
Sent: Friday, May 3, 2024 3:18 PM
To: Martinez, Miguel
Cc: Jesus Ibarra
Subject: Re: [EXT] RE: NTP for Pot Holing - 23-6999
Attention: This email originated from outside of City of Santa Ana. Use caution when opening attachments or links.
Yes
Get Outlook for iOS
I3aker
ElectriWAi~11"
Toni Wright
Sr. Project Manager
1298 Pacific Oaks Place I Escondido, CA 192029
o: 1.760.745.2001 1 m: 760.859.0876
twright(a)baker-electric.com I www.baker-electric.com
CA. License #161756 — A, B, C7, C10, C46 & NV. #0083656 — C2, AZ License # ROC 346769 — C-11, E
a
D133
''m
The information contained in this message is privileged or confidential information intended only for the use of the individual or entity named above. If the reader of this message
notified that any dissemination, distribution or copying of this communication is neither allowed nor intended. If you have received this communication in error, please notify us in
From: Martinez, Miguel <mmartinezl5@santa-ana.org>
Sent: Friday, May 3, 2024 3:14:53 PM
To: Toni Wright <twright@baker-electric.com>
Cc: Jesus Ibarra <jibarra@baker-electric.com>
Subject: RE: [EXT] RE: NTP for Pot Holing - 23-6999
EXTERNAL EMAIL: This email originated from outside of our organization. Do not click links, open attachments, reply,
or forward unless you recognize the source of the email and know the contents are safe.
Toni,
Please see attached. City lawyer stated that since the revision is non substantive and correcting a typing error, we do not
need to recirculate this for signature as long as Baker Electric provides consent to proceed with revision.
Is Baker Electric okay to move forward with revision of executed contract?
Thank you,
Miguel Martinez I Assistant Engineer
Public Works Agency 1 20 Civic Center Plaza, Santa Ana, CA 92703
Office: (714) 647-5027 Cell: (714) 559-5143 1 Mmartinezl5@santa-ana.org
From: Toni Wright <twright@baker-electric.com>
Sent: Friday, May 3, 2024 7:58 AM
To: Martinez, Miguel <mmartinez15@santa-ana.org>
Cc: Jesus Ibarra <jibarra@baker-electric.com>
Subject: RE: [EXT] RE: NTP for Pot Holing - 23-6999
Attention: This email originated from outside of City of Santa Ana. Use caution when opening attachments or links.
Miguel
Good morning to issue the NTP for Pole Potholing prior to the addendum, Baker is ok with that, we will need to
have the addendum in place before the NTP for Construction is issued.
3aker
Elect mi�
ESSr'bilf "4 149p
Toni Wright
Sr. Project Manager
1298 Pacific Oaks Place I Escondido, CA 192029
o: 1.760.745,2001 1 m: 760.859.0876
twright(a)baker-electric.com I www.baker-electric.com
CA. License #161756 — A, B, C7, C10, C46 & NV. #0083656 — C2, AZ License # ROC 346769 — C-11, E
a* id{ L1 �
� '`•
The information contained in this message is privileged or confidential information intended only for the use of the individual or entity named above. If the reader of this message
notified that any dissemination, distribution or copying of this communication is neither allowed nor intended. If you have received this communication in error, please notify us in
From: Martinez, Miguel <mmartinez15@santa-ana.org>
Sent: Thursday, May 2, 2024 5:32 PM
To: Toni Wright <twright@baker-electric.com>
Cc: Jesus Ibarra <iibarra@baker-electric.com>
Subject: [EXT] RE: NTP for Pot Holing - 23-6999
EXTERNAL EMAIL: This email originated from outside of our organization. Do not click links, open attachments, reply,
or forward unless you recognize the source of the email and know the contents are safe.
Toni,
Yes, it is drafted and ready to send. I'm waiting for the City Lawyer to send me the amendment to the Contract. From
there I will forward to you and await for Baker Electric's signature before I issue the NTP.
Unless Baker is okay to proceed without the amended Contract? If so, I can issue the NTP tomorrow for a start date of
Monday 5/6/24.
Thank you,
Miguel Martinez I Assistant Engineer
Public Works Agency 1 20 Civic Center Plaza, Santa Ana, CA 92703
Office: (714) 647-5027 Cell: (714) 559-5143 1 Mmartinezl5@santa-ana.org
From: Toni Wright <twright@baker-electric.com>
Sent: Thursday, May 2, 2024 5:51 AM
To: Martinez, Miguel <mmartinezl5@santa-ana.org>
Cc: Jesus Ibarra <iibarra@baker-electric.com>
Subject: NTP for Pot Holing - 23-6999
Attention: 'ins email originated from outside of City of Santa Ana. Use caution when opening attachments or links.
Miguel
Good morning going back through my emails I do not see the NTP for the Pot Holing for the Poles can you
please check your emails if you had sent it to me previously would you please forward if you have not issued
can you tell me status
IToni Wright
Sr. Project Manager
113aker
Electric
E# 80116"O 199@
1298 Pacific Oaks Place I Escondido, CA 192029
o: 1.760.745.2001 1 m: 760.859.0876
twright(()bake r-electric.com I www.baker-electric.com
CA. License #161756 — A, B, C7, C10, C46 & NV. #0083656 — C2, AZ License # ROC 346769 — C-11,
Soc
4.ffm
The information contained in this message is privileged or confidential information intended only for the use of the individual or entity named above. If the reader of this message
notified that any dissemination, distribution or copying of this communication is neither allowed nor intended. If you have received this communication in error, please notify us ii
CITY OF SANTA ANA
PUBLIC WORKS AGENCY
CONTRACT CHANGE ORDER
Project Number Project No.: 23-6999: Traffic Signal Installation at Chestnut and Elk Change Order Number 1
Lane
To Baker Electric & Renewables LLC
Contractor
You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and
specifications on this contract.
NOTE: THIS CHANGE ORDER Is NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER.
Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time.
Change requested by Pi im ir. WnRKfi Ar,Ftiry
EXTRA WORK AT AGREED PRICE
1. To compensate the Contractor for potholing and placement of street light poles excluded from the
original scope.
AGREED PRICE = $21,538.96
TOTAL. AGREED PRICE = $21,538.96
CITY OF SANTA ANA
PUBLIC WORKS AGENCY
CONTRACT CHANGE ORDER
Project Number Project No.: 23-6999: Traffic Signal Installation at Chestnut and Elk Change Order Number
Lane
To Baker Electric & Renewables LLC
Contractor
You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and
specifications on this contract.
NOTE: THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER.
Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time.
Change requested by PUBLIC WORKS AGENCY
The compensation both time and cost set forth in this change order comprises the total compensation due the
Contractor, all Subcontractors, and all Suppliers for all work performed per this change order, including impact
on unchanged work. By signing this change order, the Contractor acknowledges and agrees on behalf of
himself, all Subcontractors, and all Suppliers, that the stipulated compensation includes payment for all work
contained in this change order, plus all payment for interruption of schedules, extended field overhead, home
office overhead, profit, delay, and all impact, ripple effect or cumulative impact on all other work under this
Contract. The signing of this change order constitutes full mutual accord and satisfaction for all changes and
work performed on this project, and that the time and cost paid per this change order constitutes the total
equitable adjustments owed the Contractor, all Subcontractors, and all Suppliers for all work performed on
this project. The Contractor on behalf of himself, all Subcontractors, and all Suppliers agrees to waive all
rights, without exception or reservation of any whatsoever to file any further claim related to this project.
TOTAL COST THIS CHANGE ORDER: DECREASE $--------------- INCREASE $ $21 ,538.96
By reason of this order the CONTRACT TIME completion will be adjusted as follows: Twenty (20) additional working days
We the undersigned contractor have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide
all equipment, furnish all materials, except as may otherwise be noted above, and perform all service necessary for the work above specified, and will accept
as full payment therefor the prices shown above.
Accepted, Date 1 / 14 /2 4 Contractor Baker Electric & Renewables LLC
Digitally signed by Jason Rupp C�US Tale }
gy Jason
,.., D iruppo, Director
Jajon Ru Ea.1mPP[albaker-eCN-J. n
r-�['� O=9aker Electric, CN-Jason
1 f' DX:
Da[e: 2025,01,14
19:55:53-MOD'
Approval recommended by .# Date
(7
PUBLIC WO 5 NCY EXEGUT! DIR CTOR
Approved by Date i • G
1TY MANAGER
Attest: w ` Date Z�
Giry
Nage 2 of 2