DEPARTMENT
Infrastructure Division
AGENDA NO.
9d
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-83R, General Building (B-License) for San Francisco, San Mateo, Santa Clara and Alameda Counties
Summary of Proposed
Commission Action:
Award Job Order Contract , JOC-83R, General Building (B -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 duration of two (2) years, to the responsible bidder submitting the lowest responsive bid, Rubecon Builders, Inc., to perform general building construction tasks for all San Francisco Public Utilities Commission Enterprise Operations and Bureaus.
Background: A Job Order Contract (JOC) is an indefinite quantity contract under 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 identified. 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 Threshold Amount . The SFPUC has 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 (heating, 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 during 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
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 Contract: JOC-83R, General Building (B-License) for San Francisco, San Mateo, Santa Clara and Alameda Counties Commission Meeting Date: January 11, 2022
Building (B-License):
• Building Moving & Wrecking
• Carpentry
• Cabinetry
• Concrete
• Construction Traffic Control Services
• Drywall
• Electrical
• Elevator Installation & Repair
• Fire Protection
• Flooring
• General Building
• General Engineering
• Hazardous Materials Abatement
• Hazardous Waste & Remediation
• Heating, Ventilation, Air Conditioning
• Insulation / Acoustical
• Lathing & Plastering
• Millwork
• Painting/Waterproofing
• Plumbing
• Roofing
• Solar Installation
• Tile Installation
• Trucking and Hauling
• Welding
Result of Inaction: If this JOC is not awarded, repair 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 amount of $5,000,000 with a guaranteed minimum opportunity amount of $50,000. At a later date, the Commission may approve an option to add 50% of the original contract value (an additional $2,500,000) may be approved by the Commission at a later date, for a total po tential maximum contract amount of $7,500,000.
Award Criteria Figure (ACF) (multiplier): 1.1296
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 then adjusted by any applicable Administrative Code Chapter 14B bid discount. The Contractor’s Adjustment Factors account for the Contract: JOC-83R, General Building (B-License) for San Francisco, San Mateo, Santa Clara and Alameda Counties Commission Meeting Date: January 11, 2022
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 1, 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 under San Francisco Administrative 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 23.5% with its bid submittal.
Bid History Advertised: October 29, 2021
Bids Received: Sealed bids were received from three (3) firms on November 10, 2021, as follows:
Bid Rank ACF Bid
Preference
Adjusted
ACF
Final
Rank
1. City
Building,
Inc.
1.1920 N/A 1.1920 3
2. Rubecon
Builders, Inc. 1.2551 10% 1.1296 1
Contract: JOC-83R, General Building (B-License) for San Francisco, San Mateo, Santa Clara and Alameda Counties Commission Meeting Date: January 11, 2022
3. R&S
Construction
Management,
Inc.
1.2693 10% 1.1424 2
Application of bid preferences in accordance with Chapter 14B of the San Francisco Administrative Code changed the final ranking of the low bidder. Rubecon Builders, Inc. moved from 2 nd to 1st place, and City Building, Inc. moved from 1st to 3rd place.
After a thorough investigation, SFPUC and CMD determined that Rubecon Builders, Inc., met the minimum qualifications and LBE requirements; thus, Rubecon Builders, Inc. 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 Contract s (JOCs) to perform this type of work; and
WHEREAS, On October 29, 2021, SFPUC advertised for competitive bids JOC-83R, General Building (B-License) for San Francisco, San Mateo, Santa Clara and Alameda Counties ; and
WHEREAS, On November 10, 2021, SFPUC received and publicly opened three bids; and WHEREAS, The adjusted Award Criteria Figure from Rubecon Builders, Inc. was 1.1296; and
WHEREAS, The not -to-exceed amount of this JOC is $5,000,000 with a guaranteed minimum opportunity 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. 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 st aff and Contract Monitoring Division (CMD) staff reviewed the bids for qualifications, responsibility, and responsiveness, and this review resulted in the determination that Rubecon Builders, Inc., is the responsible bidder submitting the lowest responsive bid; 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 23.5% with its bid; and WHEREAS, The firm being 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 rescission 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 Contract 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 signif icant physical impact on the environment, 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 hereby awards JOC-83R, General Building (B - 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 submitt ing the lowest responsive bid, Rubecon Builders, Inc.
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
CONTRACT MONITORING DIVISION
CITY ADMINISTRATOR’S OFFICE
MEMORDANDUM
Date: December 17, 2021
To: Jennifer Walker, JOC Analyst, SFPUC Job Order Contracts Judy Chin, Project Manager, SFPUC Job Order Contracts
From: Vivian Liu, Contract Compliance Officer, CMD
Subject: UPDATED: JOC-83R Job Order Contract, General Building (B-License), San Francisco, San Mateo, and Alameda Counties -CMD Bid Review
The Contract Monitoring D ivision (“CMD”) has reviewed the bids submitted for the above referenced project, applied the appropriate bid discounts, and determined responsiveness to the Chapter 14B pre - award requirements. A LBE subcontractor participation requirement of 16% was estab lished for this project. The 16% LBE subcontracting participation requirement was established in consideration of the specialized scopes of work such as roof repairs (requiring a C -39 license) and specialized electrical work (i.e. installation and decommis sioning of solar panels) that may require trained electrical/solar technicians. Below is a summary of CMD’s review.
Bidder Status ACF CMD Bid
Discount
Adjusted ACF with Bid
Discount
Rubecon Builders, Inc. SF LBE-MBE
(small) 1.2551 10% 1.1296
R&S Construction Management, Inc. SF LBE-MBE
(micro) 1.2693 10% 1.1424
City Building, Inc.1 Non-LBE 1.1920 N/A 1.1920
1 City Building's bid was deemed non-responsive by the SFPUC.
Rubecon Builders, Inc. ("Rubecon") is the lowest responsive bidder. Rubecon met the 16% LBE subcontracting requirement by listing the following LBE firms on its Section 00 43 36:
Subcontractor Scope of Work Status Listed Amount Amount Credited Participation
(based on credited
amount)
Ground Control,
Inc.
General
Engineering;
Wrecking
SF LBE-MBE
(micro) $ 100,000.00 $ 100,000.00 2.00%
San Francisco
Power Electrical SF LBE-MBE
(micro) $ 150,000.00 $ 150,000.00 3.00%
Value Fire
Protection
Fire
Protection
SF LBE-MBE
(small) $ 50,000.00 $ 50,000.00 1.00%
R & I Glassworks Glazing SF LBE-MBE
(micro) $ 100,000.00 $ 100,000.00 2.00%
ABCO
Mechanical
Contractors, Inc.
HVAC SF LBE-OBE
(micro) $ 50,000.00 $ 50,000.00 1.00%
Slater Custom
Painting Painting SF LBE-MBE
(micro) $ 75,000.00 $ 75,000.00 1.50%
Watertight
Restoration, Inc.
Waterproofin
g, Concrete
Related
Services
SF LBE-OBE
(small) $ 200,000.00 $ 200,000.00 4.00%
BBJ Electric, Inc. Solar SF LBE-OBE
(micro) $ 100,000.00 $ 100,000.00 2.00%
Majestic
Construction Drywall SF LBE-MBE
(small) $ 100,000.00 $ 100,000.00 2.00%
Bay Tech
Engineering Electrical SF LBE-MBE
(micr o) $ 150,000.00 $ 150,000.00 3.00%
Streamline
Drywall, Inc. Drywall SF LBE-MBE
(micro) $ 100,000.00 $ 100,000.00 2.00%
TOTAL $ 1,175,000.00 $ 1,175,000.00 23.50%
Below are CMD certified SF small- and/or micro-LBE firms that were listed on Rubecon’s Section 00 43 36 at time of bid as additional resources:
Subcontractor Scope of Work Status Listed Amount
Peacock Interiors & Gallery, Inc. Flooring
SF LBE-OBE
(micro) $ 25,000.00
Baird Trucking, Inc. Trucking & Hauling
SF LBE-OBE
(small) $ 50,000.00
M C Metal, Inc. Welding
SF LBE-MBE
(micro) $ 25,000.00
Pioneer Contractors, Inc. Roofing SF LBE-MBE
(small) $ 400,000.001
De Haro Ramirez Group Concrete SF LBE-MBE
(small) $ 50,000.002
CMC Traffic Control Specialists Construction Traffic
Control Services
SF LBE-WBE
(small) $ 50,000.003
1 Pioneer Contractors will only perform “roofing” scope of work. Since Pioneer Contractors is CMD certified only in the General B Building category, it must perform at least two unrelated trades on each task orders in order to receive LBE credit.
2 De Haro Ramirez Group was listed to perform CIP Concrete and Concrete work for exterior improvements. De Haro Ramirez is not CMD certified as a Small or Micro-LBE in the C-8 Concrete Contractor category and thus will not receive LBE credit for this scope of work.
3 CMC Traffic Control was listed to perform construction traffic control scope of work. CMC Traffic Control is not CMD certified as a Small or Micro-LBE in the C-31 Construction Zone Traffic Control category and thus will not receive LBE credit for this scope of work.
Per the SFPUC, the prime must use a listed subcontractor when the listed scope of work is included in a task order. This is required until the subcontractor receives the full amount of the work for which it was listed, unless the JOC contract expires before that occurs. The prime may only self -perform the listed work or substitute another subcontractor under specific statutory exceptions, and only after submitting a substitution request to the SFPUC and CMD. In that instance, the SFPUC notifies the listed subcontractor of the prime’s intent to substitute them and the listed subcontractor can object to the substitution and request a hearing. On a JOC contract, this substitution request would occur on each task order, as it may be a matter of availability. If the listed subcontractor confirms in writing that it is unavailable for a specific task order, then a substitution request is unnecessary for that task order for that specific JOC contract.
Rubecon also listed the following non-LBEs on its Section 00 43 36:
Subcontractor Scope of Work Status Listed Amount
Conflo Service, Inc.
Hazardous Material
Contractor, Haz Waste and
Remediation Non-LBE $ 100,000.00
Ireland Interior Systems, Inc. Insulation & Acoustical Non-LBE $ 50,000.00
Freas Plastering Company, Inc. Lathing and Plastering Non-LBE $ 50,000.00
Bacon Plumbing Co, Inc. Plumbing Non-LBE1 $ 400,000.00
California Tile Installers Tile Installation Non-LBE $ 25,000.00
Anderson Commercial Flooring Flooring Non-LBE $ 75,000.00
Monticelli Painting & Decorating, Inc. Painting Non-LBE $ 25,000.00
1 Bacon’s certification expired on November 1, 2021 and was later recertified on November 18, 2021. However, the bid due date was on November 10, 2021 and Bacon was not certified at the time of bid as an LBE.
Based on the foregoing, CMD has determined that Rubecon has complied with the Chapter 14B pre- award requirements.
Should you have any questions, please contact me at (415) 551-4814.