DEPARTMENT Infrastructure Division AGENDA NO. 6b
MEETING DATE January 10, 2023
APPROVAL:
COMMISSION
SECRETARY Donna Hood
AGENDA ITEM
Public Utilities Commission
City and County of San Francisco
Construction Modification: Consent Calendar
Contract Manager: Judy Chin
Approve Modification No. 1 for Contract No. JOC-83R, General Building (B License) Construction, San Francisco, San Mateo, Santa Clara, and Alameda Counties Summary of Proposed
Commission Action:
Approve Modification No. 1 to Job Order Contract, JOC-83R, General Building (B License) Construction, San Francisco, San Mateo, Santa Clara, and Alameda Counties, with Rubecon Builders, Inc., to complete ongoing facility and asset improvements, increasing the contract by $2,500,000, for a total not-to-exceed contract amount of $7,500,000, in accordance with San Francisco Administrative Code section 6.62.
Background: A Job Order Contract (JOC) is an indefinite quantity contract for a fixed term or maximum dollar value, whichever occurs first. Contract award is based on the bid adjustment factor multiplied against “pre - priced” unit costs compiled in a project task catal og, which is part of the contract. The adjustment factor represents all of the contractor’s costs (indirect and direct) and profit not included in the pre-priced unit costs. The San Francisco Public Utilities Commission (SFPUC) issues task orders for speci fic projects. The SFPUC has issued task orders under 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, and lighting upgrades and HVAC (i.e., heating, ventilation, air conditioning) energy-efficiency retrofits.
On January 11, 2022, by Resolution No. 22- 0005, the Commission awarded Contract No. JOC -83R, General Building (B License) Construction, San Francisco, San Mateo, Santa Clara, and Alameda Counties to Rubecon Builders, Inc. The original not-to-exceed contract amount was $5,000,000 and the original contract duration was two years.
Description of Scope of
Work:
The contrac t work locations are San Francisco, San Mateo, Santa Clara, and Alameda Counties. The contract work consists of General Building (B License):
• Building, Moving & Demolition
Contract: JOC-83R, General Building (B License) Construction, San Francisco, San Mateo, Santa Clara, and Alameda Counties
Commission Meeting Date: January 10, 2023
• 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
Changes and
Modifications to the
Contract:
Modification No. 1 is being requested to complete ongoing facility and asset improvements such as building, moving and demolition, carpentry, cabinetry, drywall, electrical, plumbing, lathing and plastering, insulation and acoustical, fire protection, flooring, general engineering, general build
ing, elevator installation and repair,
hazardous material abatement, heating, ventilation and air conditioning, concrete, construction traffic control services, millwork, painting/waterproofing, roofing, solar installation , tile installation , trucking and hauling, and welding
for the SFPUC Operations and
Bureaus, increasing the contract amount by $2,500,000, for a total not- to-exceed contract amount of $7,500,000.
Result of Inaction: If this JOC is not modified and the work is deferred as part of a standard design-bid-build construction contract , many repairs and replacement projects will not be executed in a timely manner . Operations, safety, and system reliability could be impacted leading to significantly higher staff and contractor costs for the SFPUC.
Funding, Budget &
Costs:
Funding: Funds for each Task Order are encumbered upon issuance of Notice-to-Proceed. Funding is sourced from the SFPUC Enterprise Operations and Bureaus requesting work.
Original Award Amount: Not-to-exceed $5,000,000
Contract: JOC-83R, General Building (B License) Construction, San Francisco, San Mateo, Santa Clara, and Alameda Counties
Commission Meeting Date: January 10, 2023
Modification No. 1 Amount: $2,500,000
Total Revised Contract Amount: Not-to-exceed $7,500,000 Schedule: Certification Date: March 7, 2022
Original Duration: two years
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 goal of 16% for this contract.
The contractor committed to a LBE subcontractor participation of
23.5% with its bid submittal.
Environmental Review: Approval of this contract modification 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 work will commence under this contract until the proposed work is reviewed and any appropriate environmental review under CEQA, if required, has been completed.
Recommendation: SFPUC staff recommends that the Commission adopt the attached resolution.
Attachment: 1. CMD Memo
PUBLIC UTILITIES COMMISSION
City and County of San Francisco
RESOLUTION NO.
W
HEREAS, The San Francisco Public Utilities Commission (SFPUC) is in need of indefinite quantity, as-needed construction for a wide range of construction activities to support its facilities, including general construction and general engineering, speciali zed electrical work in power turbines and switchyards, spot sewer repair, marine related services, lighting upgrades , and heating, ventilation, air conditioning energy- efficiency retrofits. This work is typically performed on a task order basis through a Job Order Contract; and WHEREAS, On January 11, 2022, by Resolution No. 22-0005, this Commission awarded Job Order Contract (JOC) No. JOC-83R, General Building (B License) Construction, San Francisco, San Mateo, Santa Clara, and Alameda Counties to Rubecon Builders, Inc.; and WHEREAS, The contract certification date was March 7, 2022; and WHEREAS, The original contract was for an amount not-to-exceed $5,000,000 and the original contract duration was two years; and
WHEREAS, San Francisco Administrative Code s ection 6.22(h) requires that the Commission approve any cumulative increase in contract amount or duration in excess of 10% of the original contract amount or duration; and
WHEREAS, Modification No. 1 is being requested to increase the contract amount by $2,500,000, to complete ongoing facility and asset improvements such as building, moving and demolition, carpentry, cabinetry, drywall, electrical, plumbing, lathing and plastering, insulation and acoustical, fire protection, flooring, general engineering, general building, elevator installation and repair, hazardous material abatement, heating, ventilation and air conditioning, concrete, construction traffic control services, millwork, painting/waterproofing, roofing, solar installation, tile installation, trucking and hauling, and welding for Operations and Bureaus within the San Francisco Public Utilities Commission (SFPUC), for a total not- to-exceed contract amount of $7,500,000, as allowed under the San Francisco Administrative Code section 6.62, with no change to the contract duration; and
WHEREAS, The Contract Monitoring Division (CMD) established a Local Business Enterprise (LBE) subcontracting participation of 16% for this contract, and the contractor committed to a LBE participation of 23.5% in its bid submittal; and WHEREAS, Approval of this contract modification 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, and no work will commence under this contract until the proposed work is reviewed and any appropriate environmental review under CEQA, if required, has been completed; now, therefore, be it RESOLVED, That this Commission hereby approves Modification No. 1 to Job Or der Contract (JOC), JOC-83R, General Building (B License) Construction, San Francisco, San Mateo, Santa Clara, and Alameda Counties with Rubecon Builders, Inc., increasing the contract by $2,500,000, for a total not-to-exceed contract amount of $7,500,000, with no change to contract duration.
I hereby certify that the foregoing resolution was adopted by the Public Utilities Commission at its meeting of January 10, 2023.
Secretary, Public Utilities Commission
1155 Market Street, 4th floor, San Francisco, CA 94103 Telephone (415) 581-2310; Fax (415) 581-2351
London N. Breed, Mayor
Carmen Chu, City Administrator
Romulus Asenloo, Director
MEMORANDUM
Date: 01 December 2022
To: Judy Chin, Project Manager, PUC
Jennifer Walker, Contract Analyst, PUC
From:
Jovi Cuntapay-Vitin, Contract Compliance Officer, CMD
Subject:
JOC-83R General Building (B License) Construction, San Francisco, San Mateo, Santa Clara, and Alameda Counties
____________________________________________________________________________
SFPUC has requested to modify the above referenced contract by $2,500,000 for a new total not -to-exceed agreement amount of $7,500,000. Pursuant to communications with the SFPUC, Modification No. 1 is needed to implement additional General Building Construction Projects in the SF Bay Area Regions e.g. San Francisco, San Mateo, and Alameda Counties.
LBE Subconsultant Participation
The LBE subcontracting participation goal establi shed for this contract is 23.50%. The LBE subcontracting participation goal applies to the entire contract including any modifications, change orders and amendments. The LBE participation reflected on the Proposer’s, Rubecon Builders Inc.’s (“Rubecon”), Section 00 43 36 at the time of bid is as follows:
Firm Scope of
Work Status
Listed & Credited
Participation
LBE Commitment at the
end of Project for
Modification #1
Dollar Amount Percentage Dollar Amount Percentage
Ground Control, Inc.
General
Engineering;
Wrecking
SF LBE-MBE
(micro) $100,000 2.00% $100,000 1.33%
San Francisco Power Electrical SF LBE-MBE
(micro) $150,000 3.00% $200,000 2.67%
Value Fire Protection Fire Protection SF LBE-MBE
(small) $50,000 1.00%
$100,000 1.33%
R & I Glassworks Glazing SF LBE-MBE
(micro) $100,000 2.00%
$100,000 1.33%
ABCO Mechanical
Contractors, Inc. HVAC SF LBE-OBE
(micro) $50,000 1.00% $117,000 1.56%
Slater Custom
Painting Painting SF LBE-MBE
(micro) $75,000 1.50% $175,000 2.33%
Watertight
Restoration, Inc.
Waterproofing,
Concrete Related
Services
SF LBE-OBE
(small) $200,000 4.00% $200,000 2.67%
BBJ Electric, Inc. Solar SF LBE-OBE
(micro) $100,000 2.00% $100,000 1.33%
Majestic
Construction Drywall SF LBE-MBE
(small) $100,000 2.00% $100,000 1.33%
Bay Tech
Engineering Electrical SF LBE-MBE
(micro) $150,000 3.00% $250,000 3.33%
CONTRACT MONITORING DIVISION
OFFICE OF THE CITY ADMINISTRATOR
Streamline Drywall,
Inc. Drywall SF LBE-MBE
(micro) $100,000 2.00% $100,000 1.33%
Below are the LBE firms added after bid:
Arborist Now Landscaping SF LBE-OBE
(micro) - - $221,000 2.95%
GRAND TOTAL $ 1,175,000 23.50% $ 1,763,000 23.51%
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:
Peacock Interiors &
Gallery, Inc.4 Flooring SF LBE-OBE
(micro) $25,000 0.50% $25,000 0.33%
Baird Trucking, Inc.4 Trucking &
Hauling
SF LBE-OBE
(small) $50,000 1.00% $50,000 0.67%
M C Metal, Inc.4 Welding SF LBE-MBE
(micro) $25,000 0.50% $25,000 0.33%
Pioneer Contractors,
Inc.1 & 4 Roofing SF LBE-MBE
(small) - - - -
De Haro Ramirez
Group2 & 4 Concrete SF LBE-MBE
(small) - - - -
CMC Traffic Control
Specialists3 & 4
Construction
Traffic Control
Services
SF LBE-WBE
(small) - - - -
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 certifie d 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. 4 LBEs listed in Section 00 43 36 but was not utilized for LBE Subcontracting Participation Goal by the Prime.
As of 01 December 2022, the listed LBE’s Paid To-Date and Invoiced To-Date are $307,009.53 and $323,167.93, respectively. This data is extracted from SOLIS and reflects the LBEs with credited participation. See below for the breakdown of paid to-date and invoiced to-date:
Subcontractor Scope of Work
LBE Commitment
at the end of
Project for
Modification #1
Paid To-Date Invoiced To-Date
Ground Control, Inc. General Engineering;
Wrecking $ 100,000 $ 0.00 $ 0.00
San Francisco Power Electrical $ 200,000 $ 0.00 $ 0.00 Value Fire Protection Fire Protection $ 100,000 $ 0.00 $ 0.00 R & I Glassworks Glazing $ 100,000 $ 31,929.50 $ 33,610 ABCO Mechanical
Contractors, Inc. HVAC $ 117,000 $ 0.00 $ 0.00 Slater Custom Painting Painting $ 175,000 $ 0.00 $ 0.00 Watertight Restoration,
Inc.
Waterproofing, Concrete
Related Services $ 200,000 $ 0.00 $ 0.00 BBJ Electric, Inc. Solar $ 100,000 $ 0.00 $ 0.00 Majestic Construction Drywall $ 100,000 $ 0.00 $ 0.00 Bay Tech Engineering Electrical $ 250,000 $ 69,779.33 $ 73,451.93 Streamline Drywall, Inc. Drywall $ 100,000 $ 0.00 $ 0.00 LBE FIRMS ADDED AFTER BID:
Arborist Now Landscaping $ 221,000 $ 205,300.70 $ 216,106 TOTAL (in dollar amount) $ 1,763,000 $ 307,009.53 $ 323,167.93 TOTAL (in percentage) 100% 17.41% 18.33%
ADDITIONAL SOURCES:
Peacock Interiors &
Gallery, Inc. Flooring $ 25,000 $ 0.00 $ 0.00 Baird Trucking, Inc. Trucking & Hauling $ 50,000 $ 0.00 $ 0.00 M C Metal, Inc. Welding $ 25,000 $ 0.00 $ 0.00
Pioneer Contractors, Inc. Roofing 0.00 - -
De Haro Ramirez Group Concrete 0.00 - -
CMC Traffic Control
Specialists
Construction Traffic
Control Services 0.00 - -
Pursuant to communications and documents provided by Rubecon, most of its listed LBEs have not yet been utilized because the past task orders mainly called for landscaping, tree service and plant management subcontractors. Rubecon also informed CMD that some task order jobs or scopes were offered first to listed LBEs but the LBEs declined to do the work so they outreached to other firms who are willing to do the work.
Rubecon is required to make good faith efforts to utilize LBEs for any scopes of work, or portions thereof, which can reasonably be subcontracted throughout the life of the agreement. Rubecon confirmed that it will remain committed to assigning work to its listed LBE subcontractors and continue to look for opportunities to utilize LBEs on its task orders. Rubecon informed CMD that it anticipates meeting its 23.51% LBE subcontracting participation goal, as follows:
Firm Scope of Work Status
LBE Commitment at the end of
Project for Modification #1
Dollar Amount Percentage
Ground Control, Inc. General Engineering; Wrecking SF LBE-MBE (micro) $100,000 2.67%
San Francisco Power Electrical SF LBE-MBE
(micro) $200,000 2.67%
Value Fire Protection Fire Protection SF LBE-MBE
(small) $100,000 1.33%
R & I Glassworks Glazing SF LBE-MBE
(micro) $100,000 1.33%
ABCO Mechanical
Contractors, Inc. HVAC SF LBE-OBE
(micro) $117,000 1.83%
Slater Custom Painting Painting SF LBE-MBE
(micro) $175,000 3.00%
Watertight Restoration, Inc. Waterproofing, Concrete Related Services
SF LBE-OBE
(small) $200,000 2.67%
BBJ Electric, Inc. Solar SF LBE-OBE
(micro) $100,000 1.33%
Majestic Construction Drywall SF LBE-MBE
(small) $100,000 1.33%
Bay Tech Engineering Electrical SF LBE-MBE
(micro) $250,000 4.00%
Streamline Drywall, Inc. Drywall SF LBE-MBE
(micro) $100,000 1.33%
Below are the LBE firms added after bid:
Arborist Now Landscaping SF LBE-OBE
(micro) $221,000 2.95%
GRAND TOTAL $1,763,000 23.51%
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:
Peacock Interiors & Gallery,
Inc.4 Flooring SF LBE-OBE
(micro) $25,000 0.33%
Baird Trucking, Inc.4 Trucking & Hauling SF LBE-OBE
(small) $50,000 0.67%
M C Metal, Inc.4 Welding SF LBE-MBE
(micro) $25,000 0.33%
Pioneer Contractors, Inc.1 & 4 Roofing SF LBE-MBE
(small) - -
De Haro Ramirez Group2 & 4 Concrete SF LBE-MBE
(small) - -
CMC Traffic Control
Specialists3 & 4
Construction Traffic Control
Services
SF LBE-WBE
(small) - -
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.
4 LBEs listed in Section 00 43 36 but was not utilized for LBE Subcontracting Participation Goal by the Prime.
Going forward, SFPUC and Rubecon will continue to notify CMD of any changes or newly proposed task orders and the composition of the respective project teams for each respective task order for this project. CMD will review this information to determine and facilitate progress towards the project’s LBE subcontracting participation goal of 23.51%, as of this Modificatio n #1. Additionally, SFPUC and Rubecon must continue to notify CMD of any proposed subcontractor additions and/or substitutions throughout the term of this contract as well as any changes to the information provided to CMD.
Contingent upon the conditions set forth above, CMD approves this modification. Should you have any questions and/or concerns regarding the above, I can be reached at (650) 273 6352.