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HomeMy WebLinkAboutAgenda Report - January 18, 2023 C-05CITY OF CALIFORNIA AGENDA ITEM C-5 COUNCIL COMMUNICATION AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Change Order No. 2 with Westech Industries, Inc. of Escalon for Directional Drilling, Excavation and Conduit Installation Services for State of California Natural Gas Power Plant Project ($1,690,000) MEETING DATE: January 18, 2023 PREPARED BY: Electric Utility Director RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to execute Change Order No. 2 with Westech Industries, Inc. of Escalon for directional drilling, excavation and conduit installation services for the State of California Natural Gas Power Plant Project in an amount not to exceed $1,690,000. BACKGROUND INFORMATION: Lodi Electric Utility (LEU) utilizes the services of Westech Industries, Inc. (Westech) for directional drilling, excavation and conduit installation services as it relates to distribution system maintenance and repairs as well as infrastructure work for new development. In June 2018, City Council awarded a three-year contract to Westech in the amount of $700,000 annually. In May 2021, City Council authorized Change Order No. 1 to extend the contract with Westech to June 30, 2023 for an additional $2 million for a total contract price of $4.1 million. In December 2022, the State of California Department of Water Resources notified the City of their intention to install a natural gas power plant at 2001 West Turner Road. The purpose of this project is to achieve the objectives of California Assembly Bill 205, which created a State -led Strategic Reliability Reserve (SRR) to address electric grid reliability. Construction will begin by spring 2023 and will have a duration of four to six months, LEU will build the distribution line that will connect the generator with the adjacent city -owned McLane Substation. Westech's services are needed prior to utility crew installation of the underground cable. The State of California will reimburse all costs associated with building the distribution line, including costs associated with Westech's services. Therefore, staff recommends authorizing the City Manager to execute Change Order No. 2 to add this additional work to the existing contract with Westech for an additional $1,690,000 million through June 30, 2024 for a total contract price of $5,790,000. APPROVED: ojru&� Xvgoj Stephen Schwabauer, City Manager Adopt Resolution Authorizing City Manager to Execute Change Order No. 2 with Westech Industries, Inc. of Escalon for Directional Drilling, Excavation and Conduit Installation Services for State of California Natural Gas Power Plant Project ($1,690,000) January 18, 2023 Page 2 FISCAL IMPACT: Additional $1,690,000 reimbursed by the State of California. FUNDING AVAILABLE: Funds for this specific change order are budgeted as part of the State of California Natural Gas Power Plant Project (EUCP-23002. Contracts). Andrew Keys Andrew Keys Deputy City Manager/Internal Services Director f_- Ute! L! —Vk JrilIed W1 mir, 1 14r 1. 11-J I i 1'•i7 PMI Jeff Berkheimer Electric Utility Director CITY OF LODI PROPOSED CHANGE ORDER PROJECT: Directional Drilling, Excavation and Conduit Installation CO No.: 1 Services CONTRACTOR: PCD No.: Westech Industries, Inc. RF1 No.: ARCHITECT/ENGINEER: F/ No.: City of Lodi Submit Proposal Within 15 Days Upon Receipt of This Request Brief Description Of Work Change Order #1: 2 -Year Extension of Existing Contract to June 30, 2023 for a total 2 -year not -to -exceed extension amount of $2 million covering the period of July 1, 2021 - June 30, 2023. Request, Proposal, Recommendation AnCApproval Requesting Official: Jeff Berkheimer Request Date: 4/1/2021 Schedule Impact: See Below Days Contractor Proposal Date: N/A Add Amount: See Below Deduct Amount $0.00 Reason For Change: Mutually agreed upon extension by City and Contractor Account: 50199000.77020 (Various Projects) CONTRACTOR AGREES TO FURNISH ALL LABOR AND MATERIALS AND PERFORM ALL WORK REQUIRED TO COMPLETE THE ABOVE DESCRIBED WORK CHANGE IN ACCORDANCE WITH THE REQUIREMENTS FOR SIMILAR WORK COVERED BY THE CONTRACT EXCEPT AS OTHERWISE STIPULATED HEREIN FOR THE STATED CONSIDERATION. TO PERFORM THE CHANGES FOR THE AMOUNT INDICATED WHICH INCLUDES ANY 1 X'I'ENDED OR JOBSITE OVERHEAD, DISRUPTION, RIPPLE EFFECT AND OTHER IMPACT COSTS. NO WORK WILL BE STARTED UNTIL THIS PROPOSAL IS ACCEPTED. IF THE CONTRACTOR DOES NOT SIGN ACCEPTANCE OF THIS ORDER, THE CONTRACTOR SHOULD REFER TO SECTION 4- 1.03A OF TI IE STANDARD SPECIFICATIONS REGARDING FILING A WRITTEN PROTEST WITHIN THE SPECIFIED TIME, ORIGINAL CONTRACT: 7/1/18-8/30/21 $2,100,000.00 PREVIOUS ADDS: $0.00 'Wayne McCurley, President - Westech Date PREVIOUS DEDUCTS: $0.00 Industries, Inc. THIS CHANGE ORDER: 711121-6/30/23 $2,000,000.00 �'•- Jeff Berkheimer, Lodi Electric Utility Director Date TOTAL CONTRACT AMOUNT INCLUDING ALL CHANGE ORDERS: $4,100,000.00 Stephen Schwabauer, Lodi City Manager Date ORIGINAL COMPLETION DATE: 6/3012021 .ADJUSTED CONTRACT 6/30/2023 COMPLETION DATE: 5-19-21 Westech CCO 1 Extension (004) 4/8/2021 SECTION 4 CONTRACT DIRECTIONAL DRILLING, EXCAVATION AND CONDUIT INSTALLATION SERVICES CITY OF LODI, CALIFORNIA THIS CONTRACT made by and between the CITY OF LODI, State of California, herein referred to as the "City," and WESTECH INDUSTRIES, INC., herein referred to as the "Contractor." WITNESSETH; That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other, as (allows: The complete Contract consists of the following documents which are incorporated herein by this reference, to -wit: Notice Inviting Bids Information to Bidders General Provisions Special Provisions Bid Proposal Contract Contract Brands Plans The July 1992 Edition, Standard Specifications, State of California, Business and Transportation Agency, Dapartrnent of Transportation All of the above documents, sometimes hereinafter referred to as the "Contract Documents," are intended to cooperate so that any work called for In one and not mentioned In the other Is to be executed the same as if mentioned In all said documents. ART CLI= I - That for and in consideration of the payments and agreements hereinafter mentioned, to be Made and performed by the City and under the condition expressed In the two bonds bearing even data wlth these presents and hereunto annexed, the Contractor agrees with the City, at Contractor`s cost and expense, to do all the work and furnish all the materials except such as are mentioned in the specifications to be furnished by the City, necessary to construct and complete in a good workmanlike and substantial manner and to the satisfaction of the City the proposed improvements as shown and described in the Contract Documents which are hereby made a part of the Contract. ARTICLE Il - The City hereby promises and agrees with the Contractor to employ, and does hereby employ, the Contractor to provide all materials and services not supplied by the City and to do the work according to the terms and conditions for the price herein, and hereby contracts to pay the same as set forth in Section 5,600, "Measurement, Acceptance and Payment," of the General Provisions, in the manner and upon the conditions above set forth; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. DdIlinp_seril 4.1 05122116 ARMI_t~ III - The Contractor agrees to conform to the provisions of Chapter 1, Part 7, Divislon 2 of the Labor Code. The Contractor and any Subcontractor will pay the general prevailing wage rate and other employer payments for health and welfare, pension, vacation, travel time, and subsistence pay, apprenticeship or other training programs. The responsibility for compliance with these labor Code requirements is on the prime contractor. ARTICLE IV - And the Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work contemplated and embraced In this agreement; also for all loss or damage arising out of the nature of the work aforesa#d or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until Rs acceptance by the City, and for all risks of every description connected with the work; also for all expenses Incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Plans and Contract Documents and the requirements of the Engineer under them, to -wit; Perform the work necessary to directional drill, excavate, install conduit, appurtenances, and other field directed work on an as -need basis as directed by City. DdIIInV_8.a4 4.2 0612219 ITEM NO, Trench 1 2 3 4 5 6 7 8 Conduit 9 10 11 12 13 14 15 Bore 16 17 18 19 20 21 22 23 24 Misc. 25 26 27 28 CQNTPIACT ITEMS DESCRIPTION Mainline Trench SNan-Joint Use} Secondary Trench (Non -Joint Trencl Compact ,Backfill Mainline Trench Cam act/Backfill Seconda Trench Remove/Replace Concrete Remove/Re lace Asphalt _ .Remove/Replace landsca Ing (Sod) Trench Plate Install/Remove (Includ Assemble and install 6" Conduit Assemble and Install 4" Conduit Assemble and install 3" Conduit 4 Assemble and Install 2" Conduit Assemble and Install 1" Conduit Assemble and Install 3/411 Conduit Install Each Additional Conduit Bore and Install 6" Conduit Bore and Install 4" Conduit Sore and Install 3" Conduit Bore and Install 2" Conduit Bore and Install 1" Conduit Bore and Install 3/4" Conduit Send/Receive Pit Per lob) _ Install Each Additional Conduit Disposal of Excess Material EU Field Directed Work Construction Notification (Per Pro ectl Hourl /Stand-by Rate for Crew Total Sum Unit Price of all Line Items (excludes Item 25) UNIT I PRICE LF 49.50 LF 59.25 LF 16.20 LF 16.20 SF 35.50 SF 30.50 SF 15.00 EA 0 LF 2.50 LF 2.04 LF 2.00 u� LF 2.00 LF ,10 LF .05 LF 1.50 LF 65,00 LF 50.00 LF 48.00 LF 48.00 IF 36.00 LF 5.00 EA 0 LF � 14.20 4 EA 0 CY 0 As Needed_ EA 0 HR 300.00 $798.54 DHIML&CA 4.3 OBlZZ119 Annual price adjustments may be negotiated with the Electric Utility Director. However, if approved, Increases will not to exceed CPI -San Francisco Area. July – June for the Preceding year, as Identified by the United Slates Department of Labor. Bureau of Labor Statistics and total contract cost will not exceed $700,000 per fiscal year. ARTICLE V - By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be Insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. ARTICLE VI - It is further expressly agreed by and between the parties hereto that, should there be any conflict between the terms of this instrument and the Bid Proposal of the Contractor, then this Instrument shall control and nothing herein shall be considered as an acceptance of the said terms of cold proposal conflicting herewith. 6R1!9—LE—JV! - The City is to furnish the necessary rights-of-way and easements and to establish lines and grades for the work as specified under the Special Provisions, All labor or materials not mentioned specifically as being done by the City will be supplied by the Contractor to accomplish the work as outlined in the specifications. ARTICLE VIII - The Contractor agrees to commence Work pursuant to this contract within 10 calendar days after the City Manager has executed the contract and to diligently prosecute to completion within a timely fashion as determined acceptable by the Electric Utility Director. ARTICLE IX - State of California Senate Bill 854 requires the following: No contractor or subcontractor may be Ilsted on a bid proposal for a pubtic works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 (with limited exceptions from this requirement for bid Purposes only under Labor Code section 1771.1 (a)). No contractor or subcontractor may be awarded a contract for public work on a pubtic works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5, This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. DMIllnp 6604 4.4 06/22N5 WHEN SIGNING THIS CONTRACT, THE CONTRACTOR AGREES THAT THE TIME OF COMPLETION FOR THIS CONTRACT IS REASONABLE AND THE CONTRACTOR AGREES TO PAY THE CITY LIQUIDATED DAMAGES AS SET FORTH IN SECTION 6-04.03 OF THE SPECIAL PROVISIONS. CONTRACTOR AGREES THAT THIS AMOUNT MAY BE DEDUCTED FROM THE AMOUNT DUE THE CONTRACTOR UNDER THE CONTRACT. IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the year and date written below. CONTRACTOR: CITY OF LODI, a municipal corporation By: icl� I -L STEPHEN SC14WABAUER City Manager By; Date: P;Ae.r4-.R Attest: Title yy), �aL� E 1VIFEFZ . ERRAiOLD I y Clerk (CORPORATE SEAL) Approved As To Form: l JANICE D. MAGDICH • . City, Atto�ey Drllllno 800 4.5 alx6HB SECTION 1 NOTICE INVITING BIDS DIRECTIONAL DRILLING, EXCAVATION AND CONDUIT INSTALLATION SERVICES CITY OF LODI, CALIFORNIA Sealed proposals will be received by the Purchasing Officer, Lodi Finance Department, 310 West Elm Street, P.O. Box 3006, Lodi, California, 95241-1910, until 11 a. m. on April 4, 2018. At that time, the proposals will be publicly opened and read In the Public Works Conference Room, Lodi City Hall, 221 W. Pine Street, for performing the following described work. The work consists of: Performing the necessary tasks to drill, excavate and install conduit, appurtenances and ancillary field directed work on an as -needed basis in an amount not to exceed $700,000 annually. A General Foreman or Supervisor will be on property during normal Lodi Electric Utility work hours and perform the functions of pre -inspecting all work, scheduling and coordinating with customers and building inventory so as to keep work scheduled in advance. Work will be performed as -needed and directed by the Electric Utility Director or designee. Bilingual services will be provided at no additional charge and other incidental and related work, all as shown on the plans and specifications for the above project are 1 GI I GI included in the unit bid price. � }3 t j� O The annual cost of this contract will not exceed $700,000 and can be extended for an y 1 -��r r 1 �� I' J additional two one-year terms at the discretion of the City. The Initial three-year term will l v. (43111-+ begin July 1, 2018 and conclude June 30, 2021. When executed, contract ext rasions ),12- will conclude no later than- June 30, The Contractor agrees to commence work within 10 calendar days after both parties have signed the contract and to complete the work within a timely fashion as determined acceptable by the Electric Utility Director. Upon signing the contract, Contractor agrees that length of time of the contract is reasonable. Per Senate Bill 854, contractors and listed subcontractors must be registered with the Department of Industrial Relations (DIR) prior to submitting bids to any public work contracts. Failure to comply will make bids non-responsive. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with DIR pursuant to Labor Code Section 1725.5. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.8, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. Said wages are available online at www.dir.ca.gov/DLSR/PWD. The Contractor and any subcontractor shall pay each Drilling—Seal 1 .1 8/14/2010 employee engaged in the trade or occupation not less than the hourly wage rate. As the wage determination for each craft reflects an expiration date, it shall be the responsibility of the prime contractor and each subcontractor to ensure that the prevailing wage rates of concern are current and paid to the employee. The Contractor shall make travel and subsistence payments to each worker needed to execute the work as such travel and subsistence payments are defined in the applicable collective bargaining agreements in accordance with Section 1773.8 of the Labor Code. If a craft or classification used on the project is not shown on the wage determination, the Contractor may be required to pay the wage rate of that craft or classification most closely related to it as shown in the general determinations. The City of Lodi hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex or national origin in consideration for an award. For any moneys earned by the Contractor and withheld by the City of Lodi to ensure the performance of the contract, the Contractor may, at Contractor's request and expense, substitute securities equivalent to the amount withheld in the form and manner and subject to the conditions provided in Section 22300 of the Public Contract Code of the State of California. The Contractor shall submit copies of payroll records. The project is funded by Electric Utility Capital Account EUCP14006.Exti_abor.l=xtLabor. Minimum wage rates for this project as predetermined by the Secretary of Labor are set forth in the Federal Register and included in the Specifications, if there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the prevailing wage rates set forth in Resolution No. 4222 for similar classifications of labor, the Contractor and its subcontractors shall pay not less than the higher wage rate. The contract documents are available to download for free at www.ciplist.com. Registration with the website is free and is required to download the documents. Companies downloading the documents will automatically be added to the plan holder's list. No bid will be considered unless it is submitted on a proposal form furnished by the City of Lodi within the full set of contract documents. The City Council reserves the right to reject any or all bids and to waive any informality in the completion of such forms, and to award to the lowest responsible bidder. The prime contractor on this project shall possess a valid State of California Class A or C-10 contractor's license. The list of plan holders and the bid results will be available on the ciplist.com website. Bid results will be available four hours after the bid opening. Drilling Sect 1.2 9/14/2018 By Order of the City Council JENNIFER M. FERRAIOLO City Clerk Ddlling Sect 1.3 8114/2016 SECTION 2 INFORMATION TO BIDDERS DIRECTIONAL DRILLING, EXCAVATION AND CONDUIT INSTALLATION SERVICES 2.100 BID OPENING The Purchasing Officer will receive sealed bids at the Lodi Finance Department, 310 West Elm Street, Lodi, California, 95240, until the time for opening bids as noted in the "Notice Inviting Bids". Bidders or their authorized agents are invited to be present. The proposal shall be submitted as directed In the "Notice Inviting Bids" under sealed cover, plainly marked as a proposal and Identifying the project to which the proposal relates and the date of the bid opening therefor. Proposals which are not properly marked may be disregarded. Only proposals actually received by the Purchasing Officer by the time set for the bid opening will be accepted. 2,200 EXAMINATION OF CONTRACT DOCUMENTS AND SIT>F OF WO The bidder is required to examine carefully the site, Information to Bidders, Bid Proposal, Contract, General Provisions, Speclal Provisions and the plans for the work contemplated, and it will be assumed that the Bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality and quantities of work to be performed and materials to be furnished and as to the requirements of the General Provisions, the Special Provisions and the Contract. It is mutually agreed that submission of a bid proposal shall be considered prima facie evidence that the bidder has made such examination. If omissions, discrepancies or apparent errors are found in the plans and specifications prior to the date of bid opening, the bidder shall submit a written request for a clarification, which will he given in the form of addenda to all bidders if time permits. 2.3110 REGISTRATIQN OF CQNTRACTORS Before submitting bids, contractors shall be licensed in California in accordance with the provisions of Chapter 9 of Division III of the Business and Professions Cada. 2.400 BIDDING DOCUMENTS A. ro s I For r - All proposals must be made on the forms prov[ded with this set of specifications. Bids not presented in this form shall be disregarded. All proposals must be signed by the Bfdder. If the bidder Is a corporation, the corporation's seal must be used. The bidder shall set forth for each un{t basis item of work a unit price and a total for the item, and for each lump sura item a total for the item, all in c;early legible figures in the respective spaces provided for that purpose. In the case of unit basis items, the amount set forth under the "Total Price" column shall be the product of the unit price bfd and the estimated quantity for the item. Drflllng-5ec2 2.1 08104/10 In case of discrepancy between the unit price and the total set forth for a unit basis item, the unit price shall prevail, except as provided in 1) or 2), as follows: 1. if the amount set forth as a unit price is unreadable or otherwise unclear, or is ornitted, or Is the same as the amount of the entry in the Item total column, then the amount set Forth In the "Total Price" column for the item shall prevail and shali be divided by the estimated quantity for the item and the price thus obtained shall he the unit prlce; 2. (Decimal Errors) If the product of the entered unit price and the estimated quantity is exactly off by a factor of ten, one hundred, etc., or one-tenth, or one- hundredlh, etc. from the entered total, the discrepancy will be resolved by using the entered unit price or item total, whichever most closely approximates percentagewise the unit price or total price in the Engineer's Estimate prepared by the City. Each proposal shall Include all addenda or clarifications issued during the bidding period acknowledged by the bldder's signature thereon. Failure to so include or acknowledge an addendum or clarification may result in the proposal being rejected as not responsive. B. Ust of Proposed Subcontractors - Any subcontractor doing work In excess of 112 of 1 percent of the total contract price shall be designated on the form provided in accordance with Sections 4100 et seq. of the Public Contract Code. C. Bidder's Guarantee - All bids shall be presented under sealed cover and shall be accompanied by cash, cashiers check, certified check, or bidder's bond made payable to the City of Lodi for an amount equal to at least 10% of the amount of said bid and no bid shall be considered unless such cash, cashier's check, certified check, or bidder's bond is enclosed. A bidder's bond may be on a form provided by the bonding company. All bldder's guarantees will be returned to the respective bidders after the contract has been awarded except for those bid.guarantees of bidders who may be given further consideration if the low bidder does not elect to execute the contract. After the award, if the contractor awarded the bid does not execute the contract, the bidder's guarantee will be forfeited. All bidder guarantees of unsuccessful bidders will be returned upon receiving the executed contract. 2.500 REJECTION OF PROPQSALS CONTAINING ALTERATIONS, ERASURi_A OR IRREGULARITIES Proposals may be rejected if they show any alterations of form, additions not called for, conditional or alternative bids, incomplete bidls, erasures or irregularities of any kind. The right is reserved to reject any and all proposals. 2.600 PRE AILING WAGE RATESIL BOR CODE REQUIREMENTS A. Pre_v_allinu Wagg Rates Bidders are notified that the contractor to whom the contract is awarded, and any subcontractor under them, must pay the general prevailing wage rates as ascertained from time to time by resolution of the City Council. In accordance with the provisions DtlIIInLSw2 2.2 06/04110 Df Section 1773 of the Labor Code, the Director of the Department of Industrial Relations of the StAte of California has determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time. and subsistence pay as provided for In Section 1773.8, apprenticeship or other training programa authorized by Section 3039, and similar purposes applicable to the work to be done. Said rates are available online at www.�ii Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations. c. A certified copy of all payroll records enumerated in subdivision (1) shall be made available upon request by the public for Inspection or copies thereof matte; provided, however, that a request by the public shall be made through the City, the DIVIsion of Apprenticeship Standards, or the Division of labor Standards Enforcement, If the requested payroll records have not been provided pursuant to paragraph 1), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to the records at the principal office of the contractor. 3. Each contractor shall file a certified copy of the records enumerated in subdivision (1) with the entity that requested the records within 10 days after receipt of a written request. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the City, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address, and social security number. The name and address of the contractor awarded the contract or performing the contract shall not be marked or obliterated. 5. The contractor shall inform the City of the location of the records enumerated under subdivision (1), Including the street address, city and county, and shall, within five working days, provide a notice of a change of location and address. 6. In the event of noncompliance wlth the requirements of this section, the contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects the contractor must comply with this section. Should noncompliance still be evident after the 10 -day period, the contractor shall, as a penalty to the State or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. 2,700 AWARD OF CONTRACT The award of the contract, if it be awarded, will be to the lowest responsible bidder whose bid proposal complies with all the requirements described. In case of tie bids, the tie will be broken by a coin toss, conducted by the City Purchasing Officer. Tie bidders will be notified and may be present, "Lowest responsible bidder" refers to not only the attribute of trustworthiness, but a#so to the quality, fitness, and capacity of the low monetary bidder to satisfactorily perform the proposed work, If the Councli determines to award a contract to other than the lowest monetary bidder, the City shall: 1. Notify the lowest monetary bidder; Drilling Sect 2.4 05/04118 2. Give the lowest monetary bidder an opportunity to know the reason why he/she Is not considered the lowest responsible bidder; 3. Give the lowest monetary bidder an opportunity to ask for a pre -award hearing before the City Council. Where alternate bids are received, the City Council reserves the right to select the bid most advantageous to the City. The award, if made, will be made within sixty (60) days after the opening of the bids. All bids will be compared on the basis of the Engineer's Estimate of quantities of work to be done. 2.800 EXECUTION OF CONTRACT The contract shall be signed by the successful Bidder and returned, together with the contract bonds, within ten (10) working days after the Bidder has received notice that the contract has been awarded. No proposal shall be considered binding upon the City until the execution of the contract. Failure to execute a contract and file acceptable bonds as provided herein within ten (10) working days after the Bidder has received notice that the contract has been awarded shall be just cause for the annulment of the award and the forfeiture of the proposal deposit. The City may elect to adjust the start of working days as described in Section 6-04.03 to account for delays In executing the contract. The successful bidder acknowledges, upon signing the contract, that the time of completion of the contract is reasonable. 2.900 CONTRACT' 13ONDS The Contractor shall furnish two good and sufficient bonds, executed by an "admitted surety insurer" as defined by California Code of Civil Procedure section 995.120(a), for review and approval by the City, in the forms attached hereto and as follows: A faithful performance bond In the amount of one hundred percent (100%) of the contract price; and 2. A direct contractor that I$ awarded a public works contract shall, before commencement of work, provide a labor and materials payment bond to be approved by the City of Lodi. Such labor and materials payment bond shall be in the amount of one hundred percent (100%) of the contract price. As set forth in Title 3 (commencing with Section 9000) of Part a of Division 4 of the California Civil Code and the attached bond form, the labor and materials payment bond shall provide that If the direct contractor or a subcontractor faits to pay any of the obligations set forth in Civil Code section 9550(b)(1)-(3), with respect to the work, labor, and materials, the surety will pay the obligation and, in addition if an action is brought to enforce the liability on the bond, reasonable attomey's fees, to be fixed by the court. The payment bond shall be conditioned for the payment in full of the claims of all claimants and by its terms inure to the benefit of any person authorized under California law to assert a claim against a payment bond so as to give a right of action to that person or that person's assigns to pursue an action to enforce the liability on the gond. odlllnp Satz 2.5 06104115 These bonds will be required at the time the signed contract is returned to the City and before the commencement any worst. Pursuant to California Civil Code section 9552, the City shall not audit, allow, or pay a claim of the direct contractor pursuant to the contract if a payment bond is not given and approved as required herein. 2.1009 NOTIFiCAMM Or SURETY COMPANIES The surety companies shall familiarize themselves with all the provisions and conditions of the contract. It is understood and agreed that they waive the right of special notification of any modifications or alterations, omissions or reductions, extra or additional work, extensions of time or any other act or acts by the City of Lodi or its authorized agents under the terms of the contract; and failure to so notify the surety companies of such changes shall in no way relieve the surety or sureties of their obligations under this contract. 2.1100 INSURANCE CERTIFICATE The Contractor small furnish a certificate of insurance to the City of Lodi in accordance with Section 5.413, "Public Liability and Property Damage Insurance", and Section 5.414, "Compensation Insurance", of the General Provisions at the time the signed contract is returned to the City. 2.11200 WORKERS' COM4'ENSATION INSURANCE The Contractor shall provide proof of full Workers' Compensation Insurance coverage for all persons employed in carrying out the work, including proof of coverage of subcontractor's emptayees, under this contract In accordance with the "Workers' Compensation and Insurance Act", Division IV of the Labor Code of the State of Califomia and any acts amendatory thereof, odmnq�sOx 2.6 08104/19 DIRECTIONAL DRILLING, EXCAVATION AND CONDUIT INSTALLATION SERVICES SECTION 3, PAGE 1 BID PROPOSAL CITY OF LODI, CALIFORNIA Bidder: es ec nus ries, Inc. M Date: April 3, 2018 To the Lodi City Council C/o Purchasing Officer flUglivered U FedEx, UH. of cc r r; d II a ed by mail): 310 West Elm Straet P.O. Box 3006 Lodi, CA 95240 Lodi, CA 95241-1910 The undersigned declares that the site has been carefully examined, Information to Bidders, Contract, General Provisions, Special Provisions and the Plans for the construction of various items required for the above-named project and submits this schedule of prices for the Items of the bid. If awarded the Contract, the undersigned agrees to furnish all labor, material and equipment necessary to complete said work for this project, excepting those items supplied by the City of Lodi, in strict accordance with the Plans, Information to Bidders, General Provisions, Special Provisions and Contract form adopted for the same and the requirements under thorn of the Electric Utility Director, and will take In full payment therefor the following unit and total prices, to -wit; Performing the necessary tasks to drill, excavate and install conduit, appurtenances and ancillary field directed work on an as -needed basis in an amount not to exceed $700,000 annually. 3-1 DIRECTIONAL DRILLING, EXCAVATION AND CONDUIT INSTALLATION SERVICES BIC] I. iEMS SECTION 3, PAGE 2 ITEM NO. DESCRIPTION UNIT PRICE �$) Trench 1 Mainline Trench Non -joint Use)LF 49.50 2 Secondary Trench (Non -Joint Trench LF 59.25 3 Compact/Backfill Mainline Trench LF 16.20 4 Compact/Backfill Secondary Trench LF 16.20 5 Remove/Replace Concrete SF 35,54 fi Remove/Re lace Asphalt SF 30.50 7 Remove/Replace Ian dsca In Sod) SF 15.00 8 Trench Plate Install Remove Includln Pre) EA 0 Conduit 9 Assemble and Install 6" Conduit LF 2.50 10 Assemble and install 4" ConduitLF 274 11 Assemble and install 3" Conduit LF 2.00 12 Assemble and Install 2" Conduit LF 2.00 13 Assemble and Install 1" Conduit LF 14 Assemble and Install 3/4" Conduit Lp .10 .05 15 Install Each Additional Conduit _ LF 1.50 Bore 16 Bore and Install 6" Conduit LF 65.00 17 Bore and Install 4" Conduit LF 50.00 18 ___ Bore and Install 3" Conduit LF 48.00 19 Bore and Install 2" Conduit LF 48.00 20 Bore and install 1" Conduit LF 36.00 21 Bore and Install 3/4" Conduit LF 5.00 22 SendlReceive Pit Per Jab EA 0 23 Install Each Additional Conduit LF 14.20 24 Mvblllxatian/Demobliixatlon EA 0 Misc. 25 DIs osal of Excess Material Cy 0 26 EU Field Directed Work As Needed 27 Construction Not Iflcatlan Per pro ect EA 0 28 _ _ Hourly/Stand-by Rate for Crew HR 30D.00 $798.54 Total Sum Unit Price of all Line Items (excludes Item 26) 3-2 DIRECTIONAL DRILLING, EXCAVATION AND CONDUIT SECTION 3, PAGE 3 INSTALLATION SERVICES 811) PROPOSAL Annual price adjustments may be negptiated with the Electric Utility Director, However, if'approved, increases will not to exceed Cpl -San Francisco Area, July -- June for the preceding year, as Identified by the United States Department of Labor, Bureau of Labor Statistics, and total contract cost will not exceed $700,000 per fiscal year. The undersigned agrees that If this Bid Proposal Is accepted, at the time of the signing of the contract, two good and sufficient bonds will be furnished: one in the amount of 100 percent of the contract price for faithful performance of all the terms and covenants and conditions of the contract; the other in the amount of 100 percent of the contract price to guarantee the payment for labor and materials used in performing the work embraced under this contract. After the contract has been awarded, if the Contractor awarded the bid does not execute the contract, the bidder's guarantee will be forfeited. All bidder guarantees of unsuccessful bidders will be returned after execution of the contract and Issuance of the Notice to Proceed. Accompanying this Bid Proposal is Bidder's Band (insert the words "Cash," "Certified Check," "Cashier's Check," or "Bidder's Bond," as the case may be) payable to the City of Lodi in the amount equal to at least 10% of the total bid, which is to be deposited with the City of Lodi as required. The undersigned further agrees that In case of default In executing the required contract, together with the necessary bonds, within 10 working days after receiving the contract for signature, the proceeds of the deposit accompanying the bid shall become the property of the City of Lodi, California, and this Bid Proposal and the acceptance thereof may be considered null and void. However, if the undersigned shall execute the contract and furnish the bonds required within the time aforesaid, the deposit shall be returned forthwith. It Is understood that no verbal agreement or conversation with any officer, agent or employee of the City, either before or after the execution of the Contract, shall affect or modify any of the terms or obligations of this Bid Proposal. It is understood that the City will not be responsible for any errors or omissions on the part of the undersigned In making up the bid, nor will bidders be released on account of errors. The undersigned declares that the only person or persons interested in this proposal as principal or principals is or are the undersigned, and that no person other than the undersigned has any interest in this Bid Proposal or In the contract proposed to be taken; that this proposal is made without any connection with any other person or persons making a bid or proposal for the same purpose; that the proposal is in all respects fair and in good faith and without collusion or fraud; that no City Officer, either elected or appointed, and no City Employee Is, shall be or become directly or indirectly interested as principal or principals in this Bid Proposal or in the contract proposed to be made, or In the supplies, work or business to which it relates or in any portions of the profits thereof. All representations made herein are true and are made under penalty of perjury. The undersigned certifies that he/she has read the City's Drug-free Workplace policy and, If awarded the contract, will comply with this policy. 3-3 DIRECTIONAL DRILLING, EXCAVATION AND CONDUIT SECTION 3, PAGE 4 INSTALLATION SERVICES - - _ -.---—_-.--- --- — BID PROPOSAL The following information is furnished relative to each subcontractor who will perform work or labor or render services to the undersigned in and about the conetruction of the project In an amount In excess of ane -half of one percent of the total amount of this bid or, on a street, highway or bridge project, work in excess of one-half of one percent or $10,000, whichever is greater. The undersigned agrees that any portions of the work In excess of the specifled amounts shown above and for which no subcontractor is designated herein, will be performed by the undersigned. Name i s 6e N9., Addreu DeserlplioD of or of Subornta-ciq N/A 3.4 DIRECTIONAL DRILLING, EXCAVATION AND CONDUIT INSTALLATION SERVICES SECTION 3, PAGE 6 BID PROPOSAL (Attach additional sheets if needed.) The Undersigned Is licensed In accordance with the laws of the State of California: License No. 485210 License Expiration Date 12-31-2018 Federal Contractor/Employer I.D. No. 33-0831527 Westech Industries, Inc Bidder C Aul or ed Signature W ne McCurley Neme President Title Corporation TYPE OF ORGANIZATION Individual, Partnership or Corporation 12755 E Stockton Blvd Address Galt, CA 95632 Classification C -7,C611056 061/049 A Dated: April 4th 2018 3-5 (Affix corporate seal if Corporation) wayne@westech.net Email Address ( 2D9 744-8488 telephone RESOLUTION NO. 2023-11 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 2 WITH WESTECH INDUSTRIES, INC., OF ESCALON, FOR DIRECTIONAL DRILLING, EXCAVATION AND CONDUIT INSTALLATION SERVICES FOR STATE OF CALIFORNIA NATURAL GAS POWER PLANT PROJECT WHEREAS, Lodi Electric Utility (LEU) utilizes the services of Westech Industries, Inc. (Westech) for directional drilling, excavation and conduit installation services as it relates to distribution system maintenance and repairs, as well as infrastructure work for new development; and WHEREAS, in June 2018, City Council awarded a three-year contract to Westech in the amount of $700,000 annually; and in May 2021, City Council authorized Change Order No. 1 to extend the contract with Westech to June 30, 2023 for an additional $2 million, for a total contract price of $4.1 million; and WHEREAS, in December 2022, the State of California Department of Water Resources notified the City of its intention to install a natural gas power plant at 2001 West Turner Road to achieve the objectives of California Assembly Bill 205, which created a State -led Strategic Reliability Reserve (SRR) to address electric grid reliability; and WHEREAS, LEU will build the distribution line that will connect the generator with the adjacent City -owned McLane Substation, and Westech's services are needed prior to utility crew installation of the underground cable; and WHEREAS, the State of California will reimburse all costs associated with building the distribution line, including costs associated with Westech's services. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute Change Order No. 2 with Westech Industries, Inc., of Escalon, California, for directional drilling, excavation and conduit installation services for the State of California Natural Gas Power Plant Project, in an amount not to exceed $1,690,000 through June 30, 2024, for a total contract price not to exceed $5,790,000. Dated: January 18, 2023 ------------------------------------------------------------------------ I hereby certify that Resolution No. 2023-11 was passed and adopted by the City Council of the City of Lodi in a regular meeting held January 18, 2023 by the following votes: AYES: COUNCIL MEMBERS — Craig, Khan, and Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Bregman and Mayor Hothi ABSTAIN: COUNCIL MEMBERS — None G-U�AaL4d OLIVIA NASHED City Clerk 2023-11