DEPARTMENT
Infrastructure Division
AGENDA NO.
9c
MEETING DATE
January 11, 2022
APPROVAL:
COMMISSION
SECRETARY
Donna Hood
AGENDA ITEM
Public Utilities Commission
City and County of San Francisco
Construction Modification: Consent Calendar
Contract Manager: Judy Chin
Award Job Order Contract No. JOC-81, General Engineering (A-License) for San Francisco, San Mateo, Santa Clara, and Alameda Counties
Summary of Proposed
Commission Action:
Award Job Order Contract, JOC-81, General Engineering (A-License) for San Francisco, San Mateo, Santa Clara, and Alameda Counties, for a total contract amount not -to-exceed $5,000,000 with a minimum guaranteed opportunity amount of $50,000 and a contract duration of two (2) years to the responsible bidder submitting the lowest responsive bid, Yerba Buena Engineering, to perform general engineering construction tasks for all San Francisco Public Utilities Commission Enterprise Operations and Bureaus.
Background: A Job Order Contract (JOC) is an indefinite quantity contract pursuant to which the San Francisco Public Utilities Commission (SFPUC) may accomplish a number of small projects with a single, competitively bid contract awarded before the projects are identi fied. Contractors bid an adjustment factor to pre -set unit prices.
Work is accomplished by
issuing task orders to the successful contractor during the term of this contract. The amount of any task order is limited to the Administrative Code Chapter 6 Thres hold Amount. The SFPUC have used JOC contracts for a wide range of construction activities, including general construction and general engineering, specialized electrical work in power turbines and switchyards, spot sewer repair, and lighting and HVAC (hea ting, ventilation, air conditioning) energy efficiency retrofits.
The contract duration is two years. The Commission may extend the term for up to a total of five years. SFPUC will issue task orders to undertake specific work to the successful bidder duri ng the two -year term of this contract. SFPUC will not issue any new task orders more than four years after the date the Controller certifies the Contract.
Contract: JOC-81, General Engineering (A-License) for San Francisco, San Mateo, Santa Clara, and Alameda Counties Commission Meeting Date: January 11, 2022
Description of Scope of
Work:
The contract work locations are San Francisco, S an Mateo, Santa Clara, and Alameda Counties. The contract work consists of General Engineering (A-License):
• Building/Moving/Wrecking
• Cathodic Protection
• Concrete
• Earthwork and Paving
• General Engineering
• Landscape
• Pipeline
• Reinforcing Steel
• Tree Service
• Trucking and Hauling
Result of Inaction: If this JOC is not awarded, repairs and replacement projects will not be executed, and if the work is deferred, operations, safety, and system reliability will be impacted and potentially add significant staff and contractor costs to the SFPUC.
Budget & Costs: Award: Not-to-Exceed $5,000,000 with a guaranteed minimum opportunity amount of $50,000. At a later date, the Commission may approve an option to increase the maximum contract value by 50% of the original contract value (an additional $2,500,000) for a total potential maximum contract amount of $7,500,000.
Award Criteria Figure (ACF) (multiplier): 1.2529
The ACF is only used to determine the low bidder and is calculated by a weighted computation of the Contractor’s Adjustment Factor for work performed under Normal Working Hours and the
Adjustment Factor for Non-Normal Working Hours and adjusted by any applicable Administrative Code Chapter 14B bid discount. The Contractor’s Adjustment Factors account for the Contractor’s overhead, profit, estimating, project management, bonding, insurance, supervision, submittals, record drawings, closeout documents, and other indirect costs. During the task order process, SFPUC will apply these Adjustment Factors to the pre-set construction unit prices listed in the Construction Task Catalog® to determine the value of each task order.
Funding: Will be available from various SFPUC Enterprise Funds when Task Orders are issued.
Schedule: Estimated Notice-to-Proceed Date: March 2022
Duration: The contract duration is two (2) years. Additional time may be approved by the Commission at a later date, for up to the five (5) year maximum duration allowed in the San Francisco Administrative Contract: JOC-81, General Engineering (A-License) for San Francisco, San Mateo, Santa Clara, and Alameda Counties Commission Meeting Date: January 11, 2022
Code Section 6.62 for Job Order Contracts.
Estimated Completion Date: March 2024
Environmental Review: Award of this JOC does not constitute a “project” under the California Environmental Quality Act (CEQA) Guidelines Section 15378 because it does not involve commitment to any specific project which may result in a potentially significant physical impact on the environment. No task order will be issued under this contract for a specific project until after review of the proposed work and, if required, the completion of environmental review pursuant to the CEQA.
Compliance with
Chapter 14B: Local
Business Enterprise
Utilization and Non-
Discrimination In
Contracting Ordinance:
Set: The Contract Monitoring Division (CMD) established a Local Business Enterprise (LBE) subcontracting requirement of 16% for this contract.
Submitted: The contractor committed to a LBE participation of 23% with its bid submittal.
Bid History Advertised: August 31, 2021
Bids Received: Sealed bids were received from eight (8) firms on September 30, 2021, as follows:
Bid Rank ACF Bid
Preference
Adjusted
ACF
Final
Rank
1. Ground Control,
Inc. 1.1304 10% 1.01736 1
2. Yerba Buena
Engineering 1.2529 10% 1.12761 2
3. Anvil Builders,
Inc. 1.2953 N/A 1.2953 6
4. Angotti &
Reilly, Inc. 1.3141 10% 1.18269 3
5. Cal State
Constructors,
Inc.
1.3215 10% 1.18935 4
6. Wickman
Development &
Construction
1.3392 10% 1.20528 5
Contract: JOC-81, General Engineering (A-License) for San Francisco, San Mateo, Santa Clara, and Alameda Counties Commission Meeting Date: January 11, 2022
7. Power
Engineering 1.3493 N/A 1.3493 8
8. Rubecon
Builders, Inc. 1.3999 10% 1.25991 7
SFPUC deemed Ground Control, Inc., the apparent low bid as non- responsive for failing to list the amount of subcontract work necessary to confirm compliance with LBE subcontractor
participation per Chapter 14B of the Administrative Code, and sent Ground Control, Inc. a notice of non-responsiveness on October 29, 2021.
After a thorough investigation, SFPUC and CMD determined that Yerba Buena Engineering, met the minimum qualifications and LBE requirements; thus, Yerba Buena Engineering was declared the responsible bidder submitting the lowest responsive bid.
Recommendation: SFPUC staff recommends that the Commission adopt the attached resolution.
Attachments 1. CMD Memorandum
PUBLIC UTILITIES COMMISSION
City and County of San Francisco
RESOLUTION NO.
WHEREAS, The San Francisco Public Utilities Commission (SFPUC) must efficiently address small as -needed construction and repair projects to support the Water, Wastewater, and Power Enterprise operations. The SFPUC uses Job Order Contracts (JOCs) to perform this type of work; and
WHEREAS, On August 31, 2021, SFPUC advertised for competitive bids JOC-81, General Engineering (A -License) for San Francisco, San Mateo, Santa Clara, and Alameda Counties was advertised on August 31, 2021; and
WHEREAS, On September 30, 2021, SFPUC received and publicly opened eight bids; and WHEREAS, The not -to-exceed amount of this JOC is $5,000,000 with a guaranteed minimum opportunity amount of $50,000; and
WHEREAS, The contract duration is two (2) years; and
WHEREAS, The work to be performed under the JOC will be authorized by task order.
Each task order will identify the scope of work, cost, and duration of various discrete construction activities. Task orders shall be calculated with an adjustment factor to pre-set unit prices. No task order amount shall exceed the Threshold Amount, as provided under San Francisco Administrative Code Chapter 6. No task order will be issued for construction requiring environmental review, excluding those eligible for statutory or categorical exemption, until the Commission has been given the opportunity to review the environmental document and take action if deemed appropriate; and
WHEREAS, SFPUC staff and Contract Monitoring Division (CMD) staff reviewed the bids for qualifications, responsibility, and responsiveness, and this review resulted in the determination that Yerba Buena Engineering, is the responsible bidder submitting the lowest responsive bid, with an Award Criteria Factor of 1.1296; and WHEREAS, CMD established a Local Business Enterprise (LBE) subcontracting participation requirement of 16% for this contract, and the contractor committed to a LBE subcontracting participation of 23% with its bid; and
WHEREAS, The firm awarded a contract by the SFPUC must be in compliance with the Equal Benefits Provisions of Chapter 12B of the City’s Administrative Code either at the time of the award, or within two weeks of the date of the Commission award. If the bidder fails to meet the compliance requirement, Staff will return to the Commission for recission of this award; and WHEREAS, Funds will be available from various SFPUC Enterprise funds when Task Orders are issued; and
WHEREAS, Award of this Job Order Cont ract does not constitute a “project” under the California Environmental Quality Act (CEQA) Guidelines Section 15378 because it does not involve commitment to any specific project which may result in a potentially significant physical impact on the environm ent, and no task order will be issued under this contract for a specific project until after review of the proposed work and, if required, the completion of environmental review pursuant to the CEQA; now, therefore, be it
RESOLVED, That this Commission he reby awards JOC-81, General Engineering (A - License) for San Francisco, San Mateo, Santa Clara, and Alameda Counties , for a not-to-exceed contract amount of $5,000,000, with a minimum guaranteed opportunity amount of $50,000, and a duration of two (2) years, to the responsible bidder submitting the lowest responsive bid, Yerba Buena Engineering.
I hereby certify that the foregoing resolution was adopted by the Public Utilities Commission at its meeting of January 11, 2022.
Secretary, Public Utilities Commission
London N. Breed, Mayor
Carmen Chu, City Administrator
Romulus Asenloo, Director
1155 Market Street, 4th Floor, San Francisco, CA 94103 Telephone (415) 581-2310 Fax (415) 581-2351
MEMORANDUM
Date: December 14, 2021
To: Judy Chin, Project Manager, SFPUC
Jennifer Walker, Administrative Analyst, SFPUC
Cyrus Dela Cruz, Administrative Analyst, SFPUC
From: Linda Rainaldi, Contract Compliance Officer, CMD
Subject: JOC-81 General Engineering (A License) Construction, San Francisco, San Mateo, Santa Clara, and Alameda Counties
CMD Award Review Memo
The Contract Monitoring Division (“CMD”) reviewed the bids submitted for the above referenced project, reviewed the appropriate bid discounts, and determined responsiveness to the Chapter 14B pre-award requirements. An LBE subcontracting requirement of 16% was established for this project in consideration of the specialized scopes such as well-drilling (requiring a C-57 license), landscape contractor (requiring a C-27 license), tree service (requiring a D-49 license), and specialty equipment and proprietary systems (i.e. System Integrator, Lenel Systems, and Boon Edam) that may require factory trained subcontractors. Below is a summary of CMD’s review.
Bidder LBE Status ACF LBE Bid
Discount
Adjusted ACF
with LBE Bid
Discount
Ground Control, Inc. SF LBE-MBE
(Micro) 1.1304 10% 1.0173
Yerba Buena Engineering SF LBE-MBE
(Small) 1.2529 10% 1.1276
Angotti & Reilly, Inc. SF LBE-OBE
(Micro) 1.3141 10% 1.1827
Cal State Constructors,
Inc.
SF LBE-OBE
(Small) 1.3215 10% 1.1894
Wickman Development &
Construction
SF LBE-OBE
(Micro) 1.3392 10% 1.2053
Anvil Builders, Inc. Non-LBE 1.2953 NA 1.2953
Rubecon Builders, Inc. SF LBE-MBE
(Small) 1.3999 10% 1.2599
Power Engineering Non-LBE 1.3493 NA 1.3493
On 10/29/2021 the SFPUC deemed the low bidder, Ground Control, Inc. non-responsive. As a result, Yerba Buena Engineering (“YBE”) became the lowest responsive bidder. YBE met the 16% LBE subcontracting requirement by listing the following LBE firms on Section 00 43 36 (Subcontractor List):
Subcontractor Scope of Work LBE Status Listed Amount Credited Amount
Participation
(based on
credited amount)
Red Dipper Inc. Electrical
Construction
SF LBE-
MBE
(Micro)
$500,000.00 $ 500,000.00 10.00%
Mission
Constructors,
Inc.
Asphalt Paving
SF LBE-
MBE
(Micro)
$250,000.00 $250,000.00 5.00%
ANCO Iron &
Construction
Inc.
Structural
Steel, Misc
Steel
Construction
SF LBE-
MBE
(Micro)
$100,000.00 $100,000.00 2.00%
On the Level
Concrete
Concrete Place
& Finish
SF LBE-
MBE
(Micro)
$250,000.00 $250,000.00 5.00%
Capax Group Tree Service,
Landscaping
SF LBE-
WBE
(Micro)
$50,000.00 $50,000.00 1.00%
Total $1,150,000.00 $1,150,000.00 23.00%
YBE did not listed any non-LBE subcontractor on Section 00 43 36.
Based on the foregoing, CMD has determined that YBE has complied with the pre-award Chapter 14B requirements. Should you have any questions, or if I can be of further assistance, please do not hesitate to contact me at (415) 754-3227.