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HomeMy WebLinkAboutBAKER ELECTRIC & RENEWABLES LLC (STREET LIGHT POLES REPLACEMENT) Jii Recording Requested By, Recorded in Official Records, Orange County And when Recorded Mail To: Hugh Nguyen, Clerk-Recorder City of Santa Ana,Public works Agency M22 fi i ff l i I !I 20 Civic Center Plaza,P.O.Box 1988 No FEE Santa Ana, CA 92702 * Y R 0 0 1 5 4 4 9 2 2 8 $ 2025000073158 10:57 am 03/06125 48 RecWinllA N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 THIS SPACE FOR COUNTY RECORDERS USE ONLY N NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the undersigned City of Santa Ana, California, a municipal corporation, with the address of City Hall, 20 Civic Center Plaza, Santa Ana, California, 92701, is the owner of the property hereinafter described, that said owner has caused construction of STREET LIGHT POLES REPLACEMENT under contract entered into on 00 JUNE 20 2023, with BAKER ELECTRIC, INC., on which contract FIDELITY AND DEPOSIT COMPANY OF MARYLAND is surety. The property on which such work o improvement was placed is in the City of Santa Ana, County of Orange, State of California, and o z described as Project No. 23-6033 located at: NEWHOPE STREET AND HAZARD AVENUE. The work improvement on said property was accepted as completed on February 24, 2025. xo w © CITY OF SAN'TA ANA,A MUNICIPAL CORPORATION z By Dated: Z Principal Civil En ineer—Sean Thomas TITLE ------------------------------------------------------------------------------------------- VERIFICATION I, the undersigned, say: I am the Cit En 'Weer — Rodolfo Rows of the City of Santa Ana, California; I executed the foregoing Notice of Completion acting on behalf of the owner of the property therein described; I make this verification on behalf of said corporation by authorization of the City Council of the City of Santa Ana; I have read said notice and know the contents thereof; and I declare under penalty of perjury that the facts therein stated are true. Executed on ?t6& 5 ' ze- , at Santa Ana, California City Engineer—Rodolfo Rosas THIS NOTICE OF COMPLETION MUST BE RECORDED WITHIN FIFTEEN(15)DAYS AFTER COMPLETION INSURANCE ON FILE WORK MAY PROCEED c•,; UNTIL INS 1RANC EXPIRES CITY OF SANTA ANA C, / CONSTRUCTION CONTRACT AGREEMENT r- e CITY CLERK PROJECT NO.: 23-6033 c DATE: STREET LIGHT POLES REPLACEMENT i� qr"S)FAThis CONSTRUCTION CONTRACT is made and entered into this 20a` 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'). The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. 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 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. 5. The CONTRACTORwill 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 morefully described in the CWA. The CWA may be found on the City's website at: htt :/p /wwwsanta 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. 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 ofproject 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; Performance or nonperformance of the Work of Improvement by CONTRACTOR or its any Page 2 of 4 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 23-6033 STREET LIGHT POLES REPLACEMENT Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents; 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 hnprovement. (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 for 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: APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney m JOSE MONTOYA Assistant City Attorney RECOMMENDED FOR APPROVAL: V " NABIL SABA, PE Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONTRACTOR: BakeFElesta^�„^. Baker Electric & Renewables LLC NAME: TED N. BAKER TITLE: President Page 4 of 4 EXHIBIT A � �' Y � � H \ A IN "i'A A IV A► 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 S 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 S 10,816.24 6 Construction Permit 1 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) $ 551,929.70 ADD ALTERNATE BID 1 Item Description Qty Unit Unit Price Amount 7 *Furnish Street Light Pole 10 EA $ 4,507.03 S 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 Mai, Danny From: City of Santa Ana <certificate-request@ctrax.jdidata.com> Sent: Thursday, August 10, 2023 10:10 AM To: Mai, Danny; constructioncerts@MarshMMA.com; Castillo, Jose Gilbert;jharris@baker- electriccom 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 23-6033 Number: Project Street Light Poles Replacement Name: The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The compliant coverage(s) are: TYPE OF INSURANCE AUTOMOBILE LIABILITY GENERAL LIABILITY POLLUTION / ENVIRONMENTAL LIABILITY WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Thank you, POLICY NUMBER EXPIRATION COI DATE DATE MWTB31255323 03/01/2024 06/05/2023 MWZY31255423 03/01/2024 07/17/2023 PCADB50215290323 03/01/2024 06/05/2023 M W C31255523 1 03/01/2024 06/05/2023 FILE NAME COI —Baker Electric 23- 6033_GL_AL_WC_Exp_03- 01-24_pending.pdf City -of -Santa -An a_Ba ker- Electric-_23-24-G L-AL- WC-_7-17- 2023_28646321.pdf COI —Baker Electric_23- 6033_GL_AL_WC_Exp_03- 01-24_pending.pdf COI _Baker Electric_23- 6033_GL_AL_WC_Exp_03- 01-24_pending.pdf CITY OF SANTA ANA PUBLIC WORKS AGENCY * CONTRACT CHANGE ORDER Project Number Project No. 23-6033 Street Light Poles Replacement Project Change Order Number 1 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 JUSTIFICATION 1. To compensate the contractor for costs associated with the addition of ten (10) street light poles to be furnished and installed including furnish and installing #6-6 Aluminum Duplex Overhead Cable, removal of existing wooden poles, and potholing of street light pole locations per PCO #01. TOTAL COST= $100,487.80 TOTAL AGREED CHANGE ORDER COST: $100,487.80 Page 1 of 2 at " � CITY OFPUBLIC SANTAWORKSAGENCY ANA ` � 1= " CONTRACT CHANGE ORDER I `. ' I I ',, +�` Project Number Project No. 23-6033 Street Light Poles Replacement Project Change Order Number 1 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 $ 100,487.80 By reason of this order the CONTRACT TIME completion will be adjusted as follows: Twenty Two (22) 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 4/17/24 Contractor Baker Electric& Renewables LLC Jason Rupp njpl0w cipno t y I nn R,,nn DN:C=US, E04nppQbakoreiecnc.con Title By Jason Rupp D=6akerEleclnc,CN=Jason Project Executive Rapp Dale:2024.04.17 06:54:46-OT00' Approval recommended b — � `+ A. Date 4) Z 1�� PUBLIC WO S AGENCY EXE TIVE DIRECTOR v l ft`4. Date / i. ATTt" ed by v ITY MANAGER I A Alvaro Nunez Acting City Manager -41rape.` - -1 Page 2 of 2 /Jenniferlerk '. I "' �