DEPARTMENT
Infrastructure
AGENDA NO.
11b
MEETING DATE
February 22, 2022
APPROVAL:
COMMISSION
SECRETARY
Donna Hood
AGENDA ITEM
Public Utilities Commission
City and County of San Francisco
Construction Award: Consent Calendar
Contract Manager: Judy Chin
Award Job Order Contract No. JOC-87, General Engineering (A License) Construction, San Joaquin, Stanislaus, and Tuolumne Counties, Hetch Hetchy
Summary of
Proposed
Commission Action:
Award Job Order Contract No. JOC-87, General Engineering (A License) Construction, San Joaquin, Stanislaus, and Tuolumne Counties, Hetch Hetchy, for a total contract amount not-to-exceed $5,000,000 with a guaran teed minimum opportunity of $50,000 and a contract duration of two years, to the responsible bidder that submitted the lowest responsive bid, Sinclair General Engineering Construction, Inc. to
perform general engineering construction
tasks for all San Francisco Public Utilities Commission (SFPUC) 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 series of projects with a single, competitively bid contract awarded before the projects are identified. Contractors bid an adjustment factor to pre -set unit prices. The SFPUC has used JOCs for a wide range of construction activities, inc luding general construction and general engineering, specialized electrical work in power turbines and switchyards, spot sewer repair, marine related services, and lighting upgrades and HVAC (i.e., heating, ventilation, air conditioning) energy efficiency retrofits.
This contract duration is two years. SFPUC will issue task orders to the selected contractor to perform specific scopes or work during the term of this contract.
The Commission may extend the term for up to a total term of five years.
SFPUC may not issue any new task orders under this contract after four years from the date the Controller certifies the Contract.
Description of
Scope of Work:
The c ontract work locations are San Joaquin, Stanisla us, and Tuolumne counties, Hetch Hetchy. The contract work consists of:
• Building/Moving/Demolition
• Cathodic Protection
Contract: JOC-87, General Engineering (A License) Construction, San Joaquin, Stanislaus, and Tuolumne Counties, Hetch Hetchy
Commission Meeting Date: February 22, 2022
• Concrete
• Earthwork and Paving
• Electrical
• General Engineering
• Pipeline
• Reinforcing Steel
• Trucking and Hauling
Result of Inaction: A delay or denial awarding this contract will result in repairs and replacement projects not being executed. And if the work is deferred as part of a standard design-bid-build construction contract, operations, safety, and system reliability will be impacted with potential for a significant increase in staff and contractor costs to the SFPUC.
Budget & Costs: Award: Not-to-Exceed amount of $5,000,000 with a guaranteed minimum opportunity 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): 1.2470
The ACF, used to determine the low bidder, is derived from the weighted computation of the Contractor’s Adjustment Factor for work performed under Normal Working Hours and Non-Normal Working Hours. The Contractor’s Adjustment Factor accounts 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 this factor to the pre-set construction 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: May 2022
Duration: Two (2) years. Additional time may be approved by the Commission at a later date for up to the five (5) year maximum duration permitted by the San Francisco Administrative Code for JOCs.
Estimated Completion Date: May 2024
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’s bid committed to 16.30% LBE participation.
Contract: JOC-87, General Engineering (A License) Construction, San Joaquin, Stanislaus, and Tuolumne Counties, Hetch Hetchy
Commission Meeting Date: February 22, 2022
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 the proposed work is reviewed and, if required, the appropriate CEQA review is conducted.
Bid History: Advertised: November 1, 2021
Bids Received: SFPUC received sealed bids from five (5) firms on December 16, 2021, as follows:
Bid Rank
ACF Bid
Preference
Adjusted
ACF
Final
Rank
1. Anvil Builders Inc 1.2558 N/A 1.2558 2
2. K.W. Emerson, Inc. 1.3831 N/A 1.3831 3
3. Sinclair General
Engineering
Construction, Inc.
1.3855 10% 1.2470 1
4. Sierra Mountain
Construction, Inc. 1.5400 N/A 1.5400 5
5. M. Hernandez
Construction, Inc.
(dba) Hernandez
Engineering
1.6830 10% 1.5147 4
Application of bid preferences in accordance with Chapter 14B of the San Francisco Administrative Code changed the final ranking of the low bidder.
Sinclair General Engineering Construction, Inc. moved from 3rd to 1st place, Anvil Builders Inc., moved from 1st to 2nd place, K.W. Emerson, Inc., moved from 2nd to 3rd place, M. Hernandez Construction, Inc., (dba) Hernandez Engineering moved from 5th to 4th place , and Sierra Mountain Construction, Inc., moved from 4th to 5th place.
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) advertised Job Order Contract (JOC) No. JOC-87, General Engineering (A License) Construction, San Joaquin, Stanislaus, and Tuolumne Counties, Hetch Hetchy, on November 1, 2021; and WHEREAS, The not-to-exceed amount is $ 5,000,000, with a guaranteed minimum opportunity of $50,000, for this construction contract to perform general engineering construction tasks for all San Francisco Public Utilities Commission ( SFPUC) Enterprise Operations and Bureaus; and
WHEREAS, The contract duration is two years; and
WHEREAS, The Commission authorizes award of this JOC for work to be performed under future task orders that will identify the scope of work, cost, and duration of various discrete construction activities; and
WHEREAS, 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 resul t in a potentially significant physical impact on the environment; and
WHEREAS, No task order will be issued under this contract for a specific project until the proposed work is reviewed and, if required, the appropriate CEQA review is conducted; and WHEREAS, SFPUC competitively bid the work under this JOC based on each bidder’s profit and overhead percentage markup on specified unit price s with recommended award to the responsible contractor that submitted the lowest responsive bid for work under subsequ ent task orders; and
WHEREAS, On December 16, 2021, SFPUC received and publicly opened five bids on December 16, 2021; and
WHEREAS, SFPUC staff and Contract Monitoring Division (CMD) reviewed the bid(s) for bidder responsibility, responsiveness, and application of bid preferences and determined that Sinclair General Engineering Construction, Inc. is the responsible bidder that submitted the lowest responsive bid; and
WHEREAS, The Award Criteria Figure from Sinclair General Engineering Construction, Inc. was 1.2470; and
WHEREAS, The CMD established a Local Business Enterprise ( LBE) subcontracting participation of 16% for this contract , and the contractor ’s bid committed to 16.30% LBE participation; 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 2 weeks of the date of the Commission award; failure of the bidder to obtain compliance certification from CMD may result in award of the contract to the responsible bidder submitting the next lowest responsive bid, or re -bidding of the contract at the discreti on of the City; and
WHEREAS, Funding will be available from various SFPUC Enterprise Funds when Task Orders are issued; now, therefore, be it
RESOLVED, That this Commission hereby awards JOC No. JOC-87, General Engineering (A License) Construction, San Joaquin, Stanislaus, and Tuolumne Counties, Hetch Hetchy, for a not-to-exceed amount of $5,000,000, and a duration of two years, to the responsible bidder that submitted the lowest responsive bid, Sinclair General Engineering Construction, Inc.
I hereby certify that the foregoing resolution was adopted by the Public Utilities Commission at its meeting of February 22, 2022.
Secretary, Public Utilities Commission
London N. Breed, Mayor
Carmen Chu, City Administrator
Romulus Asenloo, Director
30 Van Ness Avenue, Suite 200, San Francisco, CA 94102 Telephone (415) 581-2310; Fax (415) 581-2351
CONTRACT MONITORING DIVISION
CITY ADMINISTRATOR’S OFFICE
MEMORANDUM
Date: January 21, 2022
To: Judy Chin, Project Manager, SFPUC
Jennifer Walker, Administrative Analyst, SFPUC
From: Linda Rainaldi, Contract Compliance Officer, CMD
Subject: JOC-87 General Engineering (A License) Construction, San Joaquin, Stanislaus, and Tuolumne Counties, Hetch Hetchy
CMD Award Review Memo V2
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 location of work which will be performed 70 miles beyond the SFPUC jurisdictional boundaries, exclusively in the Hetch Hetchy Region. Below is a summary of CMD’s review.
Bidder LBE Status ACF LBE Bid
Discount
Adjusted ACF
with LBE Bid
Discount
Sinclair General
Engineering Construction,
Inc.
SF LBE-OBE
(Micro) 1.3855 10% 1.24695
Anvil Builders, Inc. Non-LBE 1.2558 NA 1.25575
KW Emerson Non-LBE 1.3831 NA 1.38308
M. Hernandez
Construction (dba
Hernandez Engineering)
SF LBE-MBE
(Micro) 1.6830 10% 1.5147
Sierra Mountain
Construction, Inc. Non-LBE 1.5400 NA 1.5400
Sinclair General Engineering Construction, Inc. (“Sinclair”) is the lowest responsive bidder and 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)
Don Lawley
Company, Inc.
Building,
Moving,
Wrecking
PUC LBE-
OBE
(Micro)
$50,000.00 $50,000.00 1.00%
HVYW8, Inc. Trucking &
Hauling
SF LBE-
WBE
(Micro)
$50,000.00 $50,000.00 1.00%
Big Valley
Electric
General
Engineering,
Electrical,
Cathodic
Protection
SF LBE-
MBE
(Micro)
$2,125,000.001 $615,000.00 12.30%
Mission City
Rebar, Inc.
Reinforcing
Steel
PUC LBE-
OBE
(Micro)
$100,000.00 $100,000.00 2.00%
Total $2,325,000.00 $815,000.00 16.30%
1 Firms that are not certified as a Micro or Small LBE are ineligible to receive LBE participation credit. At the time of bid, Big Valley Electric was not certified as a Small or Micro LBE in the C-10 Electrical Contractor category. Per the SFPUC, the electrical scope of work requires a C-10 license. As a result, Big Valley Electric was not credited for the $1,500,000 of their listed electrical subcontract work. Per the SFPUC, a C-10 license is required to perform final energizing and code review for the Cathodic Protection scope of work. Big Valley Electric, as confirmed by Sinclair, will perform $10,000 worth of Cathodic Protection work that will require a C-10 license, which was not credited towards the LBE participation requirement.
Sinclair did not list any non-LBE subcontractor on Section 00 43 36.
Based on the foregoing, CMD has determined that Sinclair has complied with the pre-award Chapter 14B requirements. Should you have any questions please do not hesitate to contact me at (415) 754-3227.