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HomeMy WebLinkAboutItem 16 - Street Light Poles Upgrade ProjectPublic Works Agency www.santa-ana.org/public-works Item # 16 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report June 20, 2023 TOPIC: Street Light Poles Upgrade Project AGENDA TITLE Approve an Appropriation Adjustment and Award a Construction Contract to Baker Electric & Renewables LLC in the Amount of $597,000 for the Street Light Poles Replacement Project, with an Estimated Project Delivery Cost of $863,899 (Project No. 23-6033) (Non -General Fund) RECOMMENDED ACTION 1. Approve an appropriation adjustment to recognize Southern California Edison Streetlights Energy Credit in an amount of $863,899 in the Public Works/ Miscellaneous revenue account, and appropriate the same amount to the PWA Street Lighting, Improvements Other than Buildings expenditure account. (Requires five affirmative votes) 2. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to include $863,899 of funding in Southern California Edison Energy Cost Refund Funds for Streetlight Upgrades. 3. Award a construction contract to Baker Electric & Renewables LLC, the lowest responsible bidder, in accordance with the base bid in the amount of $597,000, for construction of the Streetlight Poles Replacement Project, for the term beginning June 20, 2023, and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $863,899, which includes $597,000 for the construction contract, $117,649 for contract administration, inspection and testing, and a $149,250 project contingency for unanticipated or unforeseen work. DISCUSSION On April 4, 2017, the City Council approved a purchase and sale agreement authorizing the acquisition of approximately 7,800 streetlights by the City of Santa Ana from Southern California Edison (SCE) for the purpose of retrofitting them with light -emitting Award Construction Contract with Baker Electric & Renewables LLC June 20, 2023 Page 2 diode (LED) lights, leveraging the resulting energy savings to pay for streetlight upgrades, and improving lighting to the community. In 2019, the City successfully completed the citywide streetlight retrofit from High Pressure Sodium (HPS) fixtures to energy efficient LED fixtures. Subsequently, the Public Works Agency coordinated with SCE to recover the electrical cost savings from the retrofit. As a result, the City received a credit amount totaling $863,899 for energy savings resulting from the LED conversion. PWA is seeking approval of an appropriation adjustment to recognize these funds and utilize the funds for streetlight upgrades (Project No. 23-6033). The City has identified the need to undertake streetlight improvements within the Riverview West Neighborhood (Exhibit 1). The scope of work includes removal of wooden streetlight poles and installation of new street light poles, LED lights, and wiring. Once completed, the newly installed street lighting will provide a safer and welcoming environment for pedestrians and motorists in the Riverview West Neighborhood. Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, the City notified a total of 383 regional vendors via PlanetBids, many of which are Santa Ana based. Six vendors requested bidding documents and a total of nine 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 March 31, 2023 and April 7, 2023. The project was also advertised in PlanetBids from March 30, 2023 through April 20, 2023. Bids were received electronically via PlanetBids on April 21, 2023. Bid Results Summary Rank Bidder's Name Location Base Bid 1 Baker Electric & Escondido, CA $597,000 Renewables LLC 2 California Professional La Puente, CA $663,707 Engineering, Inc. 3 MSL Electric, Inc. Anaheim, CA $702,370 4 Select Electric, Inc. Vista, CA $743,921 5 International Line Builders, Corona, CA $758,491 Inc. 6 Comet Electric, Inc. Chatsworth, CA $768,077 Award Construction Contract with Baker Electric & Renewables LLC June 20, 2023 Page 3 Rank Bidder's Name Location Base Bid 7 Elecnor Belco Electric, Inc. Chino, CA $816,000 8 Pacific Utility Instillation Inc. Corona, CA $825,505 9 Crosstown Electrical & Data, Inc. Irwindale, CA $983,672 A total of nine bids were received, and all were deemed responsive. Baker Electric & Renewables LLC submitted the lowest responsive base bid in the amount of $597,000 (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 $597,000 (Exhibit 3). Baker Electric & Renewables LLC has not performed any work in the City of Santa Ana within the past five years. 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 the following: construction management; 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 $863,899. Project Item Total Construction Contract $597,000 Construction Administration, Inspection, Testing $117,649 Contingencies $149,250 TOTAL CONSTRUCTION DELIVERY COST $863,899 Approval of this item will amend the FY 2022-23 Capital Improvement Program to include the Streetlight Poles Replacement Project (Exhibit 5). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. FISCAL IMPACT Approval of the requested Appropriation Adjustment will recognize Southern California Edison Streetlights Energy Cost Credit in the amount of $863,899 in the Public Works/ Award Construction Contract with Baker Electric & Renewables LLC June 20, 2023 Page 4 Miscellaneous revenue account (No. 01117002-57010) and appropriate the same amount to the PWA Street Lighting, Improvements Other than Buildings expenditure account (No. 01117630-66220). As indicated in the Cost Analysis, the total construction delivery cost of the project is $863,899, which includes construction, contract administration, inspection, testing, and an authorized contingency. During construction, if necessary, funds may be reallocated between Construction Administration, Inspection, Testing and/or Contingencies. Contingency may be increased to a maximum limit of 25% of the Construction Contract. The total construction delivery cost will not be exceeded without Council Authorization. Project No. 23-6033 is the number assigned to the funding for tracking of all expenditures to deliver the construction of this project. The funds will be available for expenditure as follows: Accounting Fiscal Unit —Account Fund Accounting Unit — Amount Year No. (Project Description Account No. Description No. PW-Street Light 01117630- General Maintenance Service 2022-23 66220 Fund Enhancement - $863,899 (23-6033) Improvements Other than Buildings TOTAL: $863,899 Any remaining balances not expended at the end of the fiscal year will be presented to City Council for approval of carryovers to FY 2023-24. 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: Kristine Ridge, City Manager © 2012-2017 Digital Map Products. All rights reserved.1 262 feet EXHIBIT 1 EXHIBIT 2 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 23-6033 STREET LIGHT POLES REPLACEMENT 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 I Furnish and Install Street Light Pole 53 EA $ $ 2 *Furnish and Install #6-6 Aluminum Duplex Overhead Cable 8700 LF $ $ 3 Remove Existing Wooden Pole 49 EA $ $ 4 Remove Existing Steel Pole 4 EA $ $ 5 Pothole Street Light Pole Location 53 EA $ $ 6 Construction Permit I LS $ 6,000 $ 6,000 P-1 of P-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 23-6033 STREET LIGHT POLES REPLACEMENT TOTAL BASE BID (1-6) $ ADD ALTERNATE BID 1 Item Description Qty Unit Unit Price Amount 7 *Furnish Street Light Pole 10 EA $ $ 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 Title President/CEO (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-2 of P-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 23-6033 STREET LIGHT POLES REPLACEMENT 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 Title President/CEO (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-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 23-6033 STREET LIGHT POLES REPLACEMENT 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 92029 Business E-Mail Address: Telephone: (760) 745-2001 oecheverri@baker-electric.com State Contractor's License No. and Class: 161756 A, B, C7, C10, C46 License Expiration Date: 05/31 /2024 State Dept. of Industrial Relations (DIR) Registration No.: 1000000466 State Dept. of Industrial Relations (DIR) Registration Expiration Date: Signed: _/ Z--��� Title: President/CEO 06/30/2024 P-4 of P-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 23-6033 STREET LIGHT POLES REPLACEMENT 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 President/CEO (if an individual, so state) P-5 of P-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 23-6033 STREET LIGHT POLES REPLACEMENT LIST OF SUB -CONTRACTORS Subs is Contract Code requires listing of all subcontractors with the bid for all ollowing amount: o Streets, highways including bridge projects: ''V2% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: V2% of the bid 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-8 of P-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 23-6033 STREET LIGHT POLES REPLACEMENT 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 City of Los Angeles 200 N Spring St, Los Angeles, CA 90012 Name and Address of Owner. Craig Wessels (213) 725-1005 Name and Telephone Number of person familiar with project. $8,991,001 Electrical / Transportation Contract Amount Type of Work 2 City of Placentia 401 E Chapman Ave, Placentia, CA 92870 Name and Address of owner. Earl Fraser (714) 993-8121 Name and Telephone Number of person familiar with project. $1,283,450 Electrical / Transportation Contract Amount Type of Work 3 City of San Marcos 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 Electrical / Transportation Contract Amount Type of Work 12/3/2022 Date Completed 09/03/2022 Date Completed 09/08/2021 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. Alliant Insurance Services 701 B Street, 6th Floor, San Diego, CA 92101 (619)849-3832 P-9 of P-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 23-6033 STREET LIGHT POLES REPLACEMENT 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 City of Escondido 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 Electrical / Transportation 05/2021 Contract Amount Type of Work Date Completed 2 City of Moreno Valley 14177 Frederick Street, P.O Box 88005, Moreno Valley, Ca 92552 Name and Address of owner. Shirjeel Muhammad (714)573-0317 Name and Telephone Number of person familiar with project. $541,819.39 Electrical / Transportation 08/2021 Contract Amount Type of Work Date Completed 3 City of Irvine 1 Civic Center Plaza, Irvine, CA 92606 Name and Address of owner. Felix Velasco (949) 724-7545 Name and Telephone Number of person familiar with project. $669,745 Electrical / Transportation 12/17/2021 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. N/A P-10 of P-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 23-6033 STREET LIGHT POLES REPLACEMENT NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: 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. 5. 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-12 of P-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 23-6033 STREET LIGHT POLES REPLACEMENT 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: Title: President/CEO Firm: Baker Electric & Renewables LLC Date: 04/20/2023 P-13 of P-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 23-6033 STREET LIGHT POLES REPLACEMENT 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: 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. Employ 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: Title: President/CEO Firm: Baker Electric & Renewables LLC Date: 04/20/2023 P-14 of P-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 23-6033 STREET LIGHT POLES REPLACEMENT 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: ,,• Title: President/CEO Firm: Baker Electric & Renewables LLC Date: 04/20/2023 P-15 of P-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 23-6033 STREET LIGHT POLES REPLACEMENT PUBLIC CONTRACT CODE SECTION 10162 OUESTIONNAIRE 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 X If the answer is yes, explain the circumstances in the following space. NJPA P-16 of P-16 DocuSign Envelope ID: 1 E254AA5-DD7E-49C9-B29C-C1 6E58FD2BD3 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 23-6033 STREET LIGHT POLES REPLACEMENT This CONSTRUCTION CONTRACT is made and entered into this 201h day of June, 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 Street Lights Poles Replacement 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 Five Hundred and Ninety Seven Thousand ($597,000.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A" 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 class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. Page 1 of 4 DocuSign Envelope ID: 1 E254AA5-DD7E-49C9-B29C-C1 6E58FD2BD3 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 23-6033 STREET LIGHT POLES REPLACEMENT 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. 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.org/pwa/documents/CWA.pdf 7. 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. 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 4 DocuSign Envelope ID: 1 E254AA5-DD7E-49C9-B29C-C1 6E58FD2BD3 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 23-6033 STREET LIGHT POLES REPLACEMENT (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. [signature page to follow] Page 3 of 4 DocuSign Envelope ID: 1 E254AA5-DD7E-49C9-B29C-C1 6E58FD2BD3 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 23-6033 STREET LIGHT POLES REPLACEMENT IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: JENNIFER HALL City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney In �� n;J;4� JOSE MONTOYA Assistant City Attorney RECOMMENDED FOR APPROVAL: NABIL SABA, PE Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONTRACTOR: Baker Electric & Renewables LLC DocuSigned by: NAME: N. BAKER TITLE: President Page 4 of 4 DocuSign Envelope ID: 1E254AA5-DD7E-49C9-B29C-C16E58FD2BD3 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 23-6033 STREET LIGHT POLES REPLACEMENT 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 Furnish and Install Street Light Pole 53 EA $ 8,543.21 $ 452,790.13 2 *Furnish and Install #6-6 Aluminum Duplex Overhead Cable 8700 LF $ 4.76 $ 41,412 3 Remove Existing Wooden Pole 49 EA $ 773.13 $ 37,883.37 4 Remove Existing Steel Pole 4 EA $ 756.99 $ 3,027.96 5 Pothole Street Light Pole Location 53 EA $ 204.08 $ 10,816.24 6 Construction Permit 1 LS $ 6,000 $ 6,000 P-1 of P-16 DocuSign Envelope ID: 1E254AA5-DD7E-49C9-B29C-C16E58FD2BD3 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 23-6033 STREET LIGHT POLES REPLACEMENT TOTAL BASE BID (1-6) $ 551,929.70 ADD ALTERNATE BID 1 Item Description Qty Unit Unit Price Amount 7 *Furnish Street Light Pole 10 EA $ 4,507.03 $ 45,070.30 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 Title President/CEO (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-2 of P-16 DocuSign Certificate Of Completion Envelope Id: lE254AA5DD7E49C9B29CC16E58FD2BD3 Status: Completed Subject: Complete with DocuSign: Street Light Poles Replacement Construction Contract Agreement (CAO 5.3... Source Envelope: Document Pages: 6 Signatures: 1 Envelope Originator: Certificate Pages: 2 Initials: 0 Legal AutoNav: Enabled 1298 Pacific Oaks Place Envelopeld Stamping: Enabled Escondido, CA 92029 Time Zone: (UTC-08:00) Pacific Time (US & Canada) Legal@Baker-Electric.com IP Address: 70.167.175.194 Record Tracking Status: Original Holder: Legal Location: DocuSign 6/5/2023 9:57:39 AM Legal@Baker-Electric.com Signer Events Signature Timestamp Ted Baker db,. Sent: 6/5/2023 10:12:54 AM TNB@baker-electric.com UdS'g to 154V ED Viewed: 6/5/2023 10:18:27 AM President E4DB609635E749A... Signed: 6/5/2023 10:18:42 AM Baker Electric & Renewables LLC Security Level: Email, Account Authentication Signature Adoption: Pre -selected Style (None) Using IP Address: 201.192.183.193 Signed using mobile Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Jason HarrisCOPIED Sent: 6/5/2023 10:18:43 AM jharris@baker-electric.com Viewed: 6/5/2023 10:20:50 AM Director Baker Electric & Renewables LLC Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 6/5/2023 10:12:54 AM Certified Delivered Security Checked 6/5/2023 10:18:27 AM Signing Complete Security Checked 6/5/2023 10:18:42 AM Completed Security Checked 6/5/2023 10:18:43 AM Payment Events Status Timestamps EXHIBIT 4 COST ANALYSIS CONSTRUCTION OF PROJECT NO. 23-6033 Street Light Pole Replacement Project Construction Contract $ 597,000.00 Contract Administration, Inspection and Testing $ 117,649.00 Contin encies $ 149,250.00 TOTAL ESTIMATED CONSTRUCTION COSTS 1 $ 863,899.00 EXHIBIT 5 PROJECT TITLE: Street Light Poles Replacement Project PROJECT CATEGORY: Traffic Improvements Traffic Improvements LOCATION MAP N AGENCY: Public Works CITY OF SANTA ANA FY 22/23CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT DESCRIPTION: The scope of work includes removal of wooden streetlight poles and installation of new street light poles, LED lights, and wiring. Once completed, the newly installed street lighting will provide a safer and welcoming environment for pedestrians and motorists in the Riverview West Neighborhood. PROJECT COSTS FY 22/23 FY 23/24 FY 24/25 FY 25126 FY 26/27 FY 27/28 FY 28/29 Construction 863,900 - - - - - - TOTAL 863,900 - - - - SOURCE OF FUNDS FY 22/23 FY 23/24 FY 24/25 FY 25126 FY 26/27 FY 27/28 FY 28/29 GENERAL FUND 863,900 - - - - - - TOTAL 863,900 - - - - - DIVISION: Traffic Engineering CONTACT: Cesar Rodriguez, Senior Civil Engineer DATE: 31-May-2023