DEPARTMENT
Infrastructure
AGENDA NO.
5a
MEETING DATE
June 27, 2023
APPROVAL:
COMMISSION
SECRETARY
Donna Hood
AGENDA ITEM
Public Utilities Commission
City and County of San Francisco
Calendar: Consent Calendar
Contract Manager: Judy Chin
Award Job Order Contract No. JOC-95, General Engineering Construction, for work to be performed in San Francisco, San Mateo, Santa Clara, and Alameda Counties
Summary of
Proposed
Commission Action:
Award Job Order Contract No. JOC-95, General Engineering Construction, for work to be performed in San Francisco, San Mateo, Santa Clara, and Alameda Counties, in the amount not-to-exceed $5,000,000, with a guaranteed minimum task-order opportunity amount of $50,000, and a duration of two years, to the responsible bidder that submitted the lowest responsive bid, Power Engineering Construction Co., to perform A-licensed general engineering work with marine emphasis on San Francisco Public Utilities Commission systems and operations around the Bay Area.
Background: A Job Order Contract 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, as they may be modified by Local Business Enterprise preference adjustments.
The SFPUC has used Job Order Contracts 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 upgrade s, 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 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.
Agenda Title: JOC-95, General Engineering Construction, for work to be performed in San Francisco, San Mateo, Santa Clara, and Alameda Counties
Commission Meeting Date: June 27, 2023
Scope of Contract: 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:
• Building / Moving / Demolition;
• Carpentry;
• Cathodic Protection;
• Concrete;
• Construction Traffic Control;
• Earthwork and Paving;
• Electrical;
• General Building Construction;
• General Engineering Construction;
• Hazardous Materials Removal;
• Heating, Ventilation, Air Conditioning;
• Marine Related Services;
• Painting / Waterproofing;
• Pipeline;
• Plumbing;
• Reinforcing Steel;
• Lenel Systems Integration;
• Roofing;
• Sheet Metal;
• Structural Steel;
• Trucking and Hauling;
• Welding;
• Well Drilling; and
• Well Pump Repair.
Funding and Costs: Award: Not-to-exceed amount of $5,000,000 with a guaranteed minimum task order opportunity of $50,000. At a later date, the Commission may approve an option to increase the maximum contract value by up to 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 (multiplier): Contractors’ bid adjustment factors are calculated as a percentage mark-up on pre-set unit prices. SFPUC staff derives the awarded criteria figure from the weighted computation of the c ontractor’s adjustment factor for work performed under normal working hours and other working conditions. The bidder that submits the lowest award criteria figure, 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 th e appropriate adjustment factor to the pre -set construction prices listed in the Simplebid ® Unit Price Book to determine the value of each task order.
Agenda Title: JOC-95, General Engineering Construction, for work to be performed in San Francisco, San Mateo, Santa Clara, and Alameda Counties
Commission Meeting Date: June 27, 2023
Funding: Funding for the contract will be available from various SFPUC Enterprise Funds when SFPUC issues Task Orders.
Schedule: Estimated Notice-to-Proceed Date: July 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 Job Order Contracts.
Estimated Completion Date: July 2025
Bid History: Advertised: April 12, 2023
Bids Received: On May 11, 2023, SFPUC received and publicly opened two bids, as follows:
Bid Rank
Award
Criteria
Figure
Bid
Preference
Adjusted
Award
Criteria
Figure
Final
Rank
1. GECMS, Inc. dba Giron
Construction 1.2855 10% 1.1570 1
2. Power Engineering
Construction Co. 1.2920 Not
eligible 1.2920 2
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: On May 18, 2023, the SFPUC received a protest letter dated May 18, 2023, from Power Engineering Construction Co. protesting the bid submitted by GECMS, Inc. dba Giron Construction. After review of the protest, the Contract Administration Bureau, in consultation with the City Attorney, deemed the protest to be resolved because GECMS, Inc., dba Giron Construction’s bid was non-responsive. SFPUC determined that Power Engineering Construction Co. met the minimum qualifications .
Thus, Power Engineering Construction Co. was declared the responsible bidder that submitted the lowest responsive bid.
Environmental
Review:
Award of this Job Order Contract 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 envir onment. 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.
Agenda Title: JOC-95, General Engineering Construction, for work to be performed in San Francisco, San Mateo, Santa Clara, and Alameda Counties
Commission Meeting Date: June 27, 2023
Local Business
Enterprise
Utilization and
Non-Discrimination
in Contracting:
The Contract Monitoring Division established a 10% Local Business Enterprise subcontracting requirement for this contract. Power Engineering Construction Co. committed to 14.4% Local Business Enterprise subcontractor participation with its bid submittal.
Attachment: 1. Contract Monitoring Division 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 complete unrelated tasks quickly and efficiently on an as-needed basis under a single, competitively bid, indefinite quantity contract for general engineering construction services; and WHEREAS, On April 12, 2023, the SFPUC advertised Job Order Contract No. JOC-95, General Engineering Construction, for work to be performed in San Francisco, San Mateo, Santa Clara, and Alameda Counties; and
WHEREAS, On May 11, 2023, the SFPUC received and publicly opened two bids in which the bidders submitte d their proposed 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 reviewed the bidders and their bids for responsibility, responsiveness, and application of bid preferences and determined Power Engineering Construction Co. (Contractor) to be the responsible bidder that submitted the lowest responsive bid; and
WHEREAS, The C ontract Monitoring Division established a 10% Local Business Enterprise subcontracting participation requirement for this contrac t, and the Contractor committed to 14.4% Local Business Enterprise subcontractor participation in its bid submittal; 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 on SFPUC systems 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 for various discrete construction activities that the Contractor will perform under this J ob Order Contract; and
WHEREAS, Award of this J ob Order Contract 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; 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 Job Order Contract No. JOC-95, General Engineering Construction, for work to be performed in 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, Power Engineering Construction Co.
I hereby certify that the foregoing resolution was adopted by the Public Utilities Commission at its meeting of June 27, 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
MEMORANDUM
Date: June 2, 2023
To: Judy Chin, SFPUC
Jennifer Walker, SFPUC
Frank Gennaccaro, SFPUC
From: Jovi Cuntapay-Vitin, Contract Compliance Officer, CMD
Subject: JOC-95 General Engineering (A License) Construction (Marine Emphasis), 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. The LBE subcontracting participation requirement is 10% for this project. The LBE sub requirement is 10% in consideration of the performance of the last two (2) General A- License with Marine emphasis Bay Area JOC contracts, JOC- 59 and JOC-88, and the anticipated specialized scopes of work suc h as well -drilling (requiring a C -57 license), electrical (requiring a C -10), well pump repair (requiring a D -21 license), and marine related services. Below is a summary of CMD’s review.
Bid Discount
Bidder
LBE Status,
Type and
Size
Award
Criteria
Figure
LBE Bid
Discount
Adjusted Bid
with LBE
Bid Discount
Rank
GECMS, Inc. DBA Giron
Construction
(“GECMS”)
SF LBE-MBE
(Micro) 1.2855 10% 1.1570 1
Power Engineering
Construction Co.
(“Power Engineering”)
Non-LBE 1.2920 Not eligible 1.2920 2
SFPUC notified CMD that GECMS’ bid is non -responsive due to: (1) the failure to submit a completed Safety Prequalification Form; and (2) the failure to submit an original hardcopy Bid Bond with an embossed seal. Consequently, Power Engineering became the l owest responsible and responsive bidder.
LBE Subcontracting Participation Requirement
Power Engineering is the lowest responsive bidder. Power Engineering 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,
Type and
Size
Listed
Amount
Credited
Amount
Credited
Participation
Bay Line Cutting &
Coring, Inc. Saw Cutting (C-8) SF LBE-MBE
(Micro) $ 75,000 $ 75,000 1.50%
Burch Engineering &
Construction, Inc.
Concrete Flatwork
(C-8), Partial Gen.
Engineering
SF LBE-WBE
(Micro) $ 150,000 $ 150,000 3.00%
Capax Group, Inc. Landscaping, Tree
Service
SF LBE-WBE
(Micro) $ 50,000 $ 50,000 1.00%
GSW Construction,
Inc.
Earthwork and
Paving (C-12)
SF LBE-OBE
(Micro) $ 150,000 $ 150,000 3.00%
M Hernandez
Construction DBA
Hernandez
Engineering
Construction Traffic
Control (C-31)
SF LBE-MBE
(Small) $ 100,000 $ 100,000 2.00%
Red Dipper, Inc Electrical (C-10) SF LBE-MBE
(Micro) $ 30,000 $ 30,000 0.60%
Transpacific Steel,
LLC
Reinforcing Steel
(C-50)
SF LBE-MBE
(Micro) $ 50,000 $ 50,000 1.00%
Yerba Buena
Engineering &
Construction, Inc.
Structural Concrete
(C-8)
SF LBE-MBE
(Micro) $ 115,000 $ 115,000 2.30%
TOTAL $ 720,000 $ 720,000 14.4%
Power Engineering also listed the following non-LBE subcontractors on Section 00 43 36.
Non-LBE Subcontractors Scope of Work Listed
Amount Participation
Brown Sheet Metal and
Mechanical Sheet Metal (C-43) $ 10,000 0.20% Richard L. Moneymaker DBA
Moneymaker Trucking Trucking and Hauling $ 10,000 0.20% North American Fence and Railing
Inc. Fencing $ 10,000 0.20%
Professional Asbestos & Lead
Services (PALS) Hazardous Waste Removal $ 15,000 0.30%
Redwood Painting Co Inc. Painting (C-33) $ 10,000 0.20% TOTAL $ 55,000 1.10%
Good Faith Efforts Requirements
Power Engineering submitted a valid Good Faith Outreach Efforts (“GFOE”) Waiver Letter. Hence, Power Engineering is exempt from the Good Faith Efforts Requirements.
Based on the foregoing, CMD has determined that Power Engineering has complied with the p re- 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 [email protected].