DEPARTMENT
Infrastructure
AGENDA NO.
10c
MEETING DATE
August 23, 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-90, 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-90, 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 minimum guaranteed task-order amount of $50,000 and a duration of two years, to the responsible bidder that submitted the lowest responsive bid, GSW Construction, Inc., to perform general engineering work in San Francisco Public Utilities Commission systems and operations around the Bay Area.
Background: A Job Order Contract (JOC) is an indefinite quantity contract that enables the San Francisco Public Utilities Commission (SFPUC) to quickly and efficiently complete unrelated tasks on an as -needed basis under a single, competitively bid construction contract. The competitive process is based on c ontractor 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 to calculate 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 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.
Contract: JOC-90, General Engineering (A-License) Construction, San Francisco, San Mateo, Santa Clara, and Alameda Counties
Commission Meeting Date: August 23, 2022
Description of
Scope of Work:
The contract work location s are San Francisco, San Mateo, Santa Clara , and Alameda counties. The scope of work for potential task orders consists of:
• Concrete
• Construction Traffic Control
• Earthwork and Paving
• Electrical
• General Engineering
• Landscape
• Pipeline
• Tree Service
• Well Drilling
• Well Pump Repair
Bid History: Advertised: April 6, 2022
Bids Received: SFPUC received sealed bids from four firms on May 12, 2022, as follows:
Bid Rank ACF Bid
Preference
Adjusted
ACF
Final
Rank
1. GSW Construction, Inc. 1.1453 10% 1.0308 1
2. Patriot Contracting, Inc. 1.2175 N/A 1.2175 4
3. Cal State Constructors, Inc. 1.2505 10% 1.1255 2
4. M. Hernandez
Construction, Inc. (dba)
Hernandez Engineering
1.2665 10% 1.1399 3
Application of bid preferences in accordance with Chapter 14B of the San Francisco Administrative Code did not change the final ranking of the low bidder.
Protest: SFPUC received a timely bid protest from Cal State Constructors, Inc., during the five-day protest period alleging that GSW Construction, Inc., did not meet the solicitation’s statement minimum qualifications. After a thorough investigation, SFPUC Staff and CMD determined that GSW Construction, Inc. met the minimum qualifications and LBE requirements needed to perform the work associated with JOC- 90; thus, the SFPUC found that GSW Construction, Inc., was the responsible bidder that submitted the lowest responsive bid. SFPUC sent Cal State Constructors, Inc. a notice of final determination on June 30, 2022.
Budget and Costs: Award: Not-to-Exceed amount of $5,000,000 with a guaranteed task order 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.
Contract: JOC-90, General Engineering (A-License) Construction, San Francisco, San Mateo, Santa Clara, and Alameda Counties
Commission Meeting Date: August 23, 2022
Award Criteria Figure (ACF) (multiplier) : Contractors’ bid Adjustment Factors are calculated as a percentage mark -up on pre-set unit prices. SFPUC staff derives t he ACF from the weighted computation of the Contractor’s Adjustment Factor for work performed under Normal Working Hours and other working conditions . The bidder 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 the appropriate Adjustment Factor to the pre- set construction prices listed in the Construction Task Catalog® to determine the value of each task order.
Funding: Funding f or the contract will be available from various SFPUC Enterprise Funds when Task Orders are issued.
Schedule: Estimated Notice-to-Proceed Date: December 2022
Duration: Two years. The Commission may approve additional time at a later date up to the five-year maximum duration allowed in the San Francisco Administrative Code for JOCs.
Estimated Completion Date: December 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 committed to 24% LBE participation in its bid submittal.
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 that may result in a physical change in 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 has been completed.
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 department to quickly and efficiently complete unrelated tasks on an as-needed basis under a single, competitively bid construction contract; and WHEREAS, On April 6, 2022, the SFPUC advertised Job Order Contract (JOC) No. JOC- 90, General Engineering (A -License) Construction, San Francisco, San Mateo, Santa Clara, and Alameda Counties for work to be performed in these counties; and WHEREAS, On May 12, 2022, the SFPUC received and publicly opened four bids in which the bidders submitted their profit and overhead percentage markups on specified unit prices for work to be specified under task orders; and
WHEREAS, SFPUC staff and Contract Monitoring Division (CMD) review ed the bidder and their bids for responsibility, responsiveness , and application of bid preferences and determined GSW Construction, Inc., to be the responsible bidder that submitted the lowest responsive bid; and
WHEREAS, The contract not-to-exceed amount is $ 5,000,000, with a guaranteed minimum task order amount of $50,000 to perform general engineering construction work in SFPUC systems and operations around the Bay Area; 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 16% Local Business Enterprise (LBE) subcontracting participation requirement for this contract, and the Contractor committed to 24% LBE participation in its bid submittal; 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 that may result in a physical change in the environment. No task order will be issued under this contrac t for a specific project until the proposed work is reviewed and, if required, the appropriate CEQA review has been completed; 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 recission of this award; and WHEREAS, Funding will be available from various SFPUC Enterprise Funds for SFPUC- issued task orders; now, therefore be it
RESOLVED, That this Commission hereby awards JOC No. JOC-90, 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, GSW Construction, Inc.
I hereby certify that the foregoing resolution was adopted by the Public Utilities Commission at its meeting of August 23, 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
OFFICE OF THE CITY ADMINISTRATOR
CONTRACT MONITORING DIVISION
MEMORANDUM
Date: July 6, 2022
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: JOC-90 Job Order Contract, General Engineering (A-License) Construction, San Francisco, San Mateo, Santa Clara, and Alameda Counties -CMD Review
The Contract Monitoring Division (“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. An LBE subcontracting participation requirement of 16% was established for this project. The 16% LBE subcontracting participation requirement was established in consideration of the average performance of the last four (4) General A Bay Area JOC contracts and the anticipated specialized scopes of work with specific licensing requirements. Specialized scopes of work include tree removal work within the SFPUC watersheds that will require a D- 49 license with previous working relationship with a LTO and biologists, well-drilling which will require a C-57 license, well pump repairs for the groundwater program in the regional water system which will require a D-21 license , and electrical work with high voltage distribution systems that will require a C -10 license . Below is a summary of CMD’s review.
Bidder Status ACF CMD Bid
Discount
Adjusted ACF with
Bid Discount
GSW Construction, Inc. SF LBE-OBE
(micro) 1.1453 10% 1.0308
Cal State Constructors, Inc. SF LBE-OBE
(micro) 1.2505 10% 1.1255
M. Hernandez construction, Inc. (dba)
Hernandez Engineering
SF LBE-MBE
(micro) 1.2665 10% 1.1399
Patriot Contracting, Inc. Non-LBE 1.2175 N/A 1.2175
GSW Construction, Inc. ("GSW") is the lowest responsive bidder. GSW met the 16% LBE subcontracting requirement by listing the following LBE subcontractors on its Section 00 43 36 (Subcontractor List):
Subcontractor Scope of Work Status Listed Amount Amount Credited
Participation
(based on
credited
amount)
On The Level
Concrete
Place & Finish
Concrete (C-8)
SF LBE-MBE
(micro) $200,000.00 $200,000.00 4.00%
Ground Cover
Landscaping Landscaping SF LBE-WBE
(micro) $300,000.00 $300,000.00 6.00%
Liffey Electric, Inc. Electrical SF LBE-OBE
(micro) $500,000.00 $500,000.00 10.00%
GECMS, Inc. dba
Giron
Construction
Earthwork,
Grading, Paving
(partial)
SF LBE-MBE
(micro) $200,000.00 $200,000.00 4.00%
CMC Traffic
Control Specialists
Traffic Control &
Routing SBA-LBE $50,000.00 $0.001 0.00%
TOTAL $1,250,000.00 $1,200,000.00 24.00%
1 CMC Traffic Control Specialist (“CMC”) will not receive LBE sub participation credit for performing traffic control & routing scope of work as CMC is not CMD certified as a Small/Micro -LBE in the Construction Traffic Control Services (C-31) category.
GSW did not list any non-LBE subcontractors on its Section 00 43 36.
Based on the foregoing, CMD has determined that GSW has complied with the Chapter 14B pre-award requirements. Should you have any questions, please contact me at (415) 551-4814.