DEPARTMENT
Infrastructure
AGENDA NO.
10b
MEETING DATE
May 24, 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-88, General Engineering (A -License) Construction San Francisco, San Mateo, Santa Clara, and Alameda Counties
Summary of
Proposed
Commission Action:
Award Job Order Contract No. JOC-88, General Engineering (A -License) Construction San Francisco, San Mateo, Santa Clara , and Alameda Counties , for a total contract amount not-to-exceed $5,000,000 with a guarante ed minimum opportunity amount of $50,000 and a duration of two years, to the responsible bidder that submitted the lowest responsive bid, A. Teichert & Son, Inc., dba Teichert Construction.
Background: A Job Order Contract (JOC) is an indefinite-quantity contract that enables the San Francisco Public Utilities Commission (SFPUC) to efficiently accomplish unrelated needed work under a single, competitively bid contract awarded before identifying specific tasks . The competitive process is based on contractors’ bid Adjustment Factors, which are a percentage mark -up on pre- set unit prices. The SFPUC determines the low bid based on specified weighting of the Adjustment Factors as applied to the Award Criteria Figures (ACF), as they may be modified by Local Business Enterprise (LBE) preference adjustments.
The SFPUC has used JOCs for a wide range of construction activities including general construction and general engineering, specialized electrical work in power turbines and switchyards, spot sewer repair, marine related services, lighting upgrades, repair of heating, ventilation, and air conditioning systems, and 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 to a total maximum term of five years.
SFPUC may not issue any new task orders under this contr act after four years from the date the Controller certifies the Contract.
Contract: JOC-88, General Engineering (A-License) Construction San Francisco, San Mateo, Santa Clara, and Alameda Counties
Commission Meeting Date: March 24, 2022
Description of
Scope of Work:
The contract work location s are San Francisco, San Mateo, Santa Clara , and Alameda counties. The contract work consists of:
• Marine Related Services
• Building/Moving/Demolition
• Carpentry
• Cathodic Protection
• Concrete
• Construction Traffic Control
• Earthwork and Paving
• Electrical
• General Building
• General Engineering
• Hazardous Materials
• Heating, Ventilation, Air Conditioning
• Painting/Waterproofing
• Pipeline
• Plumbing
• Reinforcing Steel
• Roofing
• Sheet Metal
• Structural Steel
• Trucking and Hauling
• Welding Well Drilling
Bid History: Advertised: February 3, 2022
Bids Received: On March 3, 2022, SFPUC received and publicly opened three bids, as follows:
Bid Rank
ACF Bid
Preference
Adjusted
ACF
Final
Rank
1. M. Hernandez
Construction, Inc. dba
Hernandez Engineering
1.2365 10% 1.1129 N/A
2. A. Teichert & Son,
Inc. dba Teichert
Construction
1.2215 0% 1.2215 1
3. Power Engineering
Construction Co.
1.2623 0% 1.2623 2
In accordance with S an Francisco Administrative Code section 6.62(j), a Contractor who enters into a JOC Contract with a particular City department is not eligible during the term of such JOC Contract to submit a Bid on a subsequent JOC Contract advertised by the same contracting department, except in the following circumstances: (1) the Contractor's existing JOC Contract: JOC-88, General Engineering (A-License) Construction San Francisco, San Mateo, Santa Clara, and Alameda Counties
Commission Meeting Date: March 24, 2022
Contract will expire in 120 days or fewer; (2) the contracting department has issued task orders valued by the City in an amount equal to or exceeding 90% of the maximum dollar amount of the existing JOC Con tract; or (3) the subsequent JOC Contract is funded by a different source of government funds (e.g., Federal, State, Local) than the funding source used for the existing JOC Contract. M. Hernandez Construction, Inc. dba Hernandez Engineering is not eligible to bid on this JOC as it currently holds an active JOC contract with SFPUC and the circumstances meriting an exception ha ve not been met. As a result, A. Teichert & Son, Inc. dba Teichert Construction is the lowest eligible bidder.
Application of bid preferences does not apply.
Funding, Budget,
and 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 increase to the maximum contract value of 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): 1.2215
Contractors bid Adjustment Factors, which are a percentage markup on pre- set unit prices. The ACF is derived from the weighted computation of the Contractor’s Adjustment Factor for work performed under Normal Working Hours and other working conditions. The Contractor that submits the lowest ACF, as it may be adjusted by application of Chapter 14B bid preference adjustments, is the low bidder. The 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 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: July 2022
Duration: Two years. Additional time may be approved by the Commission at a later date, for up to the five-year maximum duration allowed in the San Francisco Administrative Code for JOCs.
Estimated Completion Date: July 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 10% for this contract.
Submitted: The contractor’s bid committed to a LBE subcontractor participation of 13% with its bid submittal.
Contract: JOC-88, General Engineering (A-License) Construction San Francisco, San Mateo, Santa Clara, and Alameda Counties
Commission Meeting Date: March 24, 2022
Environmental
Review:
Award of this as -needed contract does not constitute a “project” under the California Environmental Quality Act (CEQA) Guidelines Section 15378 because it does not involve any commitment to any specific project that may result in a physical change in the environment. The SFPUC will not issue any task orders for work to be performed under this contract until the proposed work is reviewed and any appropriate environmental review under the CEQA, if
required, has been completed.
Result of Inaction: A delay or denial awarding this contract will result in repairs and replacement projects not being completed. If 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 SFPUC.
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) desires to have an indefinite-quantity contract that enables the SFPUC to efficiently accomplish unrelated items of work under a single, competitively bid contract for general engineering work in SFPUC systems in operation around the Bay Area; and
WHEREAS, On February 3, 2022, the SFPUC advertised Job Order Contract (JOC) No.
JOC-88, General Engineering (A -License) Construction San Francisco, San Mateo, Santa Clara , and Alameda Counties; and
WHEREAS, On March 3, 2022, the SFPUC received and publicly opened three bids in which the bidders submitted their profit and overhead percentage markup on specified unit prices for work under subsequent task orders; and
WHEREAS, SFPUC staff and Contract Monitoring Division (CMD) review of the bids for responsibility, responsiveness , eligibility, and application of bid preferences resulted in the determining A. Teichert & Son, Inc., dba Teichert Construction to be the eligible and responsible bidder that submitted the lowest responsive bid; and
WHEREAS, The not-to-exceed amount is $ 5,000,000, with a guaranteed minimum opportunity amount of $50,000, for this JOC to perform work on a task -order basis in San Francisco, San Mateo, Santa Clara, and Alameda Counties; and WHEREAS, The contract duration is two years; and
WHEREAS, Staff will issue task orders that identify the scope of work, cost, and duration of various discrete construction activities that the Contractor will perform under this JOC; and WHEREAS, The CMD established a Local Business Enterprise (LBE) subcontracting participation of 10% for this contract, and the contractor committed to a LBE subcontractor participation of 13% with its bid submittal; and
WHEREAS, Award of this as -needed contract does not constitute a “project” under the California Environmental Quality Act (CEQA) Guidelines Section 15378 because it does not involve any commitment to any specific project that may result in a physical change in the environment, and the SFPUC will not issue any task orders for work to be performed under this contract until the proposed work is reviewed and any appropriate environmental review under the CEQA, if required, has been completed; 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; now, therefore, be it
RESOLVED, That this Commission hereby awards JOC No. JOC-88, General Engineering (A-License) Construction San Francisco, San Mateo, Santa Clara, and Alameda Counties , for a not-to-exceed amount of $5,000,000, and a duration of two years, to the responsible bidder that submitted lowest responsive bid, A. Teichert & Son, Inc., dba Teichert Construction.
I hereby certify that the foregoing resolution was adopted by the Public Utilities Commission at its meeting of May 24, 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
MEMORANDUM
Date: April 15, 2022
To: Judy Chin, Project Manager, SFPUC
Jennifer Walker, Administrative Analyst, SFPUC
Frank Gennaccaro, Administrative Analyst, SFPUC
From: Linda Rainaldi, Contract Compliance Officer, CMD
Subject: JOC-88 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 10% was established in consideration of the performance of the last two (2) General A with Marine emphasis Bay Area JOC contracts and the anticipated specialized scopes of work such as well-drilling (requiring a C-57 license) and marine related services. Below is a summary of CMD’s review.
Bidder LBE Status ACF LBE Bid
Discount
Adjusted ACF
with LBE Bid
Discount
M. Hernandez Construction,
Inc. (dba) Hernandez
Engineering
SF LBE-MBE
(Micro) 1.2364 10% 1.1129
A. Teichert & Son, Inc. dba
Teichert Construction NA 1.2215 NA 1.2215
Power Engineering
Construction Co. NA 1.2623 NA 1.2623
Per the SFPUC, Hernandez Engineering is not eligible to bid because they currently hold an active JOC contract not more than 90% completed. As a result, A. Teichert & Son, Inc. dba Teichert Construction (“Teichert”) became the lowest eligible bidder. Teichert met the 10% 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)
McKee and
Company Electrical Electrical SF LBE-OBE
(Micro) $500,000.00 $ 500,000.00 10.00%
Total Traffic Control,
Inc.
Construction
Traffic
Control
SF LBE-WBE
(Micro) $100,000.00 $100,000.00 2.00%
Harwinder Singh
DBA Nabha Trucking
Trucking &
Hauling
SF LBE-MBE
(Micro) $50,000.00 $50,000.00 1.00%
Total $650,000.00 $650,000.00 13.00%
Teichert did not listed any non-LBE subcontractor on Section 00 43 36.
Based on the foregoing, CMD has determined that Teichert 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.