DEPARTMENT
Infrastructure
AGENDA NO.
6b
MEETING DATE
February 28, 2023
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-91, 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-91, 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 opportunity amount of $50,000 and a duration of two years, to the responsible bidder that submitted the lowest responsive bid, R&S Construction Management, 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-91, General Engineering (A License) Construction, San Francisco, San Mateo, Santa Clara, and Alameda Counties
Commission Meeting Date: February 28, 2023
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
• Lenel Systems Integration
• Pipeline
• Tree Service
• Well Drilling
• Well Pump Repair
Bid History: Advertised: December 20, 2022
Bids Received: On January 26, 2023, SFPUC received and publicly opened three bids, as follows:
Bid Rank ACF Bid
Preference
Adjusted
ACF
Final
Rank
1. R&S Construction
Management, Inc.
1.2375 10% 1.1138 1
2. M. Hernandez
Construction, Inc. (dba)
Hernandez Engineering
1.2465 10% 1.1219 2
3. Cal State Constructors, Inc. 1.3055 10% 1.1750 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: No protests were received by the SFPUC.
Budget, Funding,
and Costs:
Award: Not-to-Exceed amount of $5,000,000 with a guaranteed minimum task order opportunity 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.
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 preferenc e adjustments, is the low bidder. The Adjustment Factors account for the Contractor’s overhead, profit, Contract: JOC-91, General Engineering (A License) Construction, San Francisco, San Mateo, Santa Clara, and Alameda Counties
Commission Meeting Date: February 28, 2023
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 Simple bid® Unit Price Book to determine the value of each task order.
Funding: Funding for the contract will be available from various SFPUC Enterprise Funds when Task Orders are issued.
Schedule: Estimated Notice-to-Proceed Date: April 2023
Duration: Two years. The Commission may approve additional time at a later date for up to the five-year maximum duration allowed in the San Francisco Administrative Code for JOCs.
Estimated Completion Date: April 2025
Compliance with
Chapter 14B: Local
Business Enterprise
Utilization and
Non-Discrimination
in Contracting
Ordinance:
Set: The Contract Monitoring Division (CMD) established a 16% Local Business Enterprise (LBE) subcontracting requirement.
Submitted: The contractor committed to 18% LBE subcontractor 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. 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.
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, A Job Order Contract 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, indefinite quantity contract for general engineering construction around the Bay Area; and
WHEREAS, On December 20, 2022, the SFPUC advertised Job Order Contract (JOC) No.
JOC-91, 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 January 26, 2023, the SFPUC received and publicly opened three 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 R&S Construction Management, 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 opportunity 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 18% LBE subcontractor 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 . 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; now, therefore be it
RESOLVED, That this Commission hereby awards JOC No. JOC-91, 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 the lowest responsive bid, R&S Construction Management, Inc.
I hereby certify that the foregoing resolution was adopted by the Public Utilities Commission at its meeting of February 28, 2023.
Secretary, Public Utilities Commission
London N. Breed, Mayor
Carmen Chu, City Administrator
Stephanie Tang, 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
MEMORDANDUM
Date: February 3, 2023
To: Judy Chin, Project Manager, SFPUC
Jennifer Walker, SFPUC
From: Jovi Cuntapay-Vitin, Contract Compliance Officer, CMD
Subject: JOC- 91 Job Order Contract, General Engineering (A-License) Construction, San Francisco, San Mateo, Santa Clara, and Alameda Counties
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 due to a significant portion of the contract work allocated to specialty construction including security system improvements which will require Lenel certified system integrators and Well Drilling (C -57) license. Below is a summary of CMD’s review.
Bidder Status ACF
CMD
Bid
Discou
nt
Adjusted ACF
with Bid
Discount Rank
R&S Construction
Management
SF LBE-
MBE
(micro)
1.2375 10% 1.1138 1
M. Hernandez
Construction Inc DBA
Hernandez Engineering
SF LBE-
MBE
(micro)
1.2464 10% 1.1218 2
Cal State Constructors
Inc.
SF LBE-
OBE
(micro)
1.3055 10% 1.1750 3
LBE Subcontracting Participation Requirement
R&S Construction Management, Inc. ("RCMI") is the lowest responsive bidder. RCMI 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
Participa
tion
(based
on
credited
amount)
Baytech
Engineering, Inc.
Partial
Electrical –
Traffic signal,
street lighting
SF LBE-
MBE
(Micro)
$200,000 $200,000 4%
Pump Repair
Service Company
Well Pump
Repair
SF LBE-
OBE
(Micro)
$600,000 $600,000 12%
JDB & Sons
Construction, Inc.
Partial
Pipeline
SF LBE-
OBE
(Micro)
$100,000 $100,000 2%
Canepa & Sons
Inc.
1 Well Drilling
PUC LBE-
OBE
(Micro)
$300,000 $0.00 0%
TOTAL $1,200,0
00 $900,000 18%
1 Canepa & Sons Inc. (“CSI”) is a PUC-LBE firm. Per Advertisement, the LBE subcontracting requirement can only be met by using Micro/Small SF-LBEs. Hence, CSI will not receive LBE credit.
RCMI also listed non-LBE subcontractors on its Section 00 43 36, see below:
Subcontractor Scope of Work Listed
Amount
Participati
on (based
on listed
amount)
Neary Landscape, Inc. Partial Landscape $400,000 8%
The Professional Tree Care
Co.
Tree Service & Partial
Landscape $600,000 12%
Phoenix Electric Partial Electrical – Other
electrical work $100,000 2%
DR Traffic Control LLC Traffic Control $50,000 1%
Allied Universal Technology
Services
Lenel Systems
Integration $500,000 10%
TOTAL $1,650,000 33%
Good Faith Efforts Requirements
RCMI utilized Approach A ( 35% Approach) on CMD Form 2B to meet the Good Faith Efforts (“GFE”) Requirements. RCMI demonstrated that it met the GFE requirements
under Approach A by relying on self-performed contract work to meet the 35% good faith outreach requirement.
Based on the foregoing, CMD has determined that RCMI has complied with the Chapter 14B pre-award requirements.