DEPARTMENT
Infrastructure
AGENDA NO.
7a
MEETING DATE
April 25, 2023
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-94, General Engineering (A License) Construction, San Joaquin, Stanislaus, and Tuolumne Counties, Hetch Hetchy
Summary of
Proposed
Commission Action:
Award Job Order Contract No. JOC-94, 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 minimum guaranteed opportunity amount of $50,000 and a duration of two years, to the responsible bidder that submitted the lowest responsive bid, Big Valley
Electric, to perform general engineering work in San Francisco Public Utilities Commission systems and operations around Hetch Hetchy.
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 of 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 location s are San Joaquin, Stanislaus, and Tuolumne Counties. The scope of work for potential task orders consists of:
• Building, Moving, and Demolition;
• Cathodic Protection;
Contract: JOC-94, General Engineering (A License) Construction, San Joaquin, Stanislaus, and Tuolumne Counties, Hetch Hetchy
Commission Meeting Date: April 25, 2023
• Concrete;
• Earthwork and Paving;
• Electrical;
• General Engineering;
• Lenel Systems Integration;
• Pipeline;
• Reinforcing Steel; and
• Trucking and Hauling.
Bid History: Advertised: February 8, 2023
Bids Received: On March 9, 2023, SFPUC received and publicly opened five bids, as follows:
Bid Rank ACF Bid
Preference
Adjusted
ACF
Final
Rank
1. K.W. Emerson, Inc. 1.2184 N/A 1.2184 2
2. Big Valley Electric 1.3025 10% 1.1723 1
3. Njirich & Sons, Inc. 1.3855 10% 1.2470 3
4. Robert E. Boyer
Construction, Inc. 1.4000 N/A 1.4000 5
5. M. Hernandez Construction
Inc. (dba) Hernandez
Engineering
1.4535 10% 1.3082 4
Application of bid preferences in accordance with Chapter 14B of the San Francisco Administrative Code changed the final ranking to make Big Valley Electric the apparent low bidder.
Protest: The SFPUC did not receive any bid protests for Contract No.
JOC-94.
Budget and Costs: Award: The contract amount for Contract No. JOC -94 is a 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): Staff calculates Contractor’s bid Adjustment Factors as a percentage mark-up on pre-set unit prices. Staff derives the 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 Contract: JOC-94, General Engineering (A License) Construction, San Joaquin, Stanislaus, and Tuolumne Counties, Hetch Hetchy
Commission Meeting Date: April 25, 2023
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 Simplebid® 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 Staff issues task orders.
Schedule: Estimated Notice-to-Proceed Date: June 2023
Duration: Two years. The Commission may approve additional time at a later date up to the five-year maximum duration allowed by the San Francisco Administrative Code for JOCs.
Estimated Completion Date: June 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 16% 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. No work will commence under this contract until the proposed work is reviewed and any appropriate environmental review under the CEQA, if required, has been completed.
Recommendation: Staff recommends that the Commission adopt the attached resolution.
Attachment: 1. CMD Memorandum
PUBLIC UTILITIES COMMISSION
City and County of San Francisco
RESOLUTION NO.
WHEREAS, A Job Order Contract (JOC) 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 in and around Hetch Hetchy; and
WHEREAS, On February 8, 2023, the SFPUC advertised JOC No. JOC-94, General Engineering (A License) Construction, San Joaquin, Stanislaus, and Tuolumne Counties, Hetch Hetchy, for work to be performed in these counties; and WHEREAS, On March 9, 2023, the SFPUC received and publicly opened five 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 Big Valley Electric, 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 Hetch Hetchy; 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 16% 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 s ection 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 the CEQA, if required, has been completed ; now, therefore, be it
RESOLVED, That this Commission hereby awards JOC No. JOC-94, 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, Big Valley Electric.
Secretary, Public Utilities Commission
CONTRACT MONITORING DIVISION
OFFICE OF THE CITY ADMINISTRATOR
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
MEMORANDUM
Date: March 31, 2023
To: Judy Chin, JOC Project Manager, SFPUC
Jennifer Walker, JOC Analyst, SFPUC
Frank Gennaccaro, CAB Analyst, SFPUC
From: Jovi Cuntapay-Vitin, Contract Compliance Officer, CMD
Subject: JOC-94 General Engineering (A-License), San Joaquin, Stanislaus, and Tuolumne Counties (Hetch Hetchy)
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. The LBE subcontracting participation requirement is 16% for this project. Below is a summary of CMD’s review.
Bid Discount
Bidder
LBE Status,
Type and
Size
Award
Criteria
Figure
(“ACF”)
LBE Bid
Discount
Adjusted
ACF
with LBE
Bid
Discount
RANK
K.W. Emerson, Inc. Non-LBE 1.2184 Not eligible 1.2184 2 Big Valley Electric PUC LBE-OBE
(Micro)
1.3025 10% 1.1723 1
Njirich & Sons, lnc. PUC LBE-WBE
(Micro)
1.3855 10% 1.2470 3
Robert E. Boyer Construction,
Inc.
Non-LBE 1.400 Not eligible 1.400 5
Hernandez Construction, Inc.
(dba) Hernandez Engineering
SF LBE-MBE
(Micro)
1.4535 10% 1.3082 4
LBE Subcontracting Participation Requirement
Big Valley Electric (“Big Valley”) is the lowest responsive bidder. Big Valley met the 16% LBE subcontracting requirement by listing the following LBE firm(s) on Section 00 43 36 (Subcontractor List):
Contract: JOC-94, General Engineering (A License) Construction, San Joaquin, Stanislaus, and Tuolumne Counties, Hetch Hetchy
Commission Meeting Date: April 25, 2023
Subcontractor Scope of Work
LBE Status,
Type and
Size
Listed
Amount
Credited
Amount
Credited
Participatio
n
Njirich & Sons, Inc. General
Engineering
PUC LBE-WBE
(Micro) $ 600,000 $ 600,000 12%
J Hart Plumbing,
Inc. Plumbing PUC LBE-OBE
(Micro) $ 200,000 $ 200,000 4%
TOTAL $ 800,000 $ 800,000 16%
Big Valley did not list any non-LBE subcontractor on Section 00 43 36.
Good Faith Efforts Requirements
Big Valley utilized Approach A (35% Approach) on CMD Form 2B to meet the Good Faith Efforts (“GFE”) Requirements. Big Valley demonstrated that it met the GFE requirements under Approach A by exceeding the sum of the LBE subcontracting participation requirement(s) established for this project by at least 35%.
Based on the foregoing, CMD has determined that Big Valley 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 (650) 273 6352 or (415) 554 3136.