DEPARTMENT
Infrastructure
AGENDA NO.
5b
MEETING DATE
June 27, 2023
AGENDA ITEM
Public Utilities Commission
City and County of San Francisco
Calendar: Consent Calendar
Contract Manager: Judy Chin
Award Job Order Contract No. JOC-96, General Engineering Construction, San Joaquin, Stanislaus, and Tuolumne Counties, and Hetch Hetchy
Summary of
Proposed
Commission Action:
Award Job Order Contract No. JOC-96, General Engineering Construction, San Joaquin, Stanislaus, and Tuolumne Counties, and Hetch Hetchy, 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, Njirich & Sons , Inc., to perform general engineering work on the San Francisco Public Utilities Commission systems and operations around Hetch Hetchy.
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 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 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.
Scope of Contract: 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;
• Concrete;
Agenda Title: Award Job Order Contract No. JOC-96, General Engineering Construction, San Joaquin, Stanislaus, and Tuolumne Counties, and Hetch Hetchy
Commission Meeting Date: June 27, 2023
• Earthwork and Paving;
• Electrical;
• General Building Construction;
• General Engineering Construction;
• Lenel Systems Integration;
• Pipeline;
• Reinforcing Steel; and
• Trucking and Hauling.
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) fo r 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 c ontractor’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: 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 f our bids, as follows:
Bid Rank
Award
Criteria
Factor
Bid
Preference
Adjusted
Award
Criteria
Final
Rank
Agenda Title: Award Job Order Contract No. JOC-96, General Engineering Construction, San Joaquin, Stanislaus, and Tuolumne Counties, and Hetch Hetchy
Commission Meeting Date: June 27, 2023
Factor
1. Njirich & Sons, Inc. 1.0800 10% 0.9720 1
2. K.W. Emerson, Inc. 1.2064 Not
eligible 1.2064 4
3. Pacific Engineering &
Construction, Inc.
1.2500 10% 1.1250 2
4. Peterson Excavation, Inc. 1.2960 10% 1.1664 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: The SFPUC did not receive any bid protests for this contract.
Environmental
Review:
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. 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.
Local Business
Enterprise
Utilization and
Non-Discrimination
in Contracting:
The Contract Monitoring Division established a 16% Local Business Enterprise subcontracting requirement for this contract. Njirich & Sons, Inc. committed to 22% Local Business Enterprise subcontractor participation in 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 quickly and efficiently complete unrelated tasks 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 J ob Order Contract No. JOC-96, General Engineering Construction, San Joaquin, Stanislaus, and Tuolumne Counties, and Hetch Hetchy, for work to be performed in these counties; and WHEREAS, On Ma y 11 , 2023, the SFPUC received and publicly opened f our bids in which the bidders submitted 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 Njirich & Sons, Inc., (Contractor) to be the responsible bidder that submitted the lowest responsive bid; and
WHEREAS, The Contract Monitoring Division established a 16% Local Business Enterprise subcontracting participation requirement for this contract, and the Contractor committed to 22% 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 and operations in San Joaquin, Stanislaus, and Tuolumne Counties, and 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 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 re sult 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-96, General Engineering Construction, San Joaquin, Stanislaus, and Tuolumne Counties, and Hetch Hetchy, for a not-to-exceed amount of $5,000,000, and a duration of two years, to the responsible bidder that submitted the lowest responsive bid, Njirich & Sons, Inc.
I hereby certify that the foregoing resolution was adopted by the Public Utilities Commission at its meeting of June 27, 2023.
Secretary, Public Utilities Commission
CONTRACT MONITORING DIVISION
OFFICE OF THE CITY ADMINISTRATOR
London N. Breed, Mayor
Carmen Chu, City Administrator
Stephanie Tang, Director
1155 Market Street, 4th Floor, San Francisco, CA 94103 Telephone (415) 581-2310; Fax (415) 581-2351
MEMORANDUM
Date: June 1, 2023
To: Judy Chin, Project Manager, SFPUC
Jennifer Walker, JOC Analyst, SFPUC
Frank Gennaccaro, CAB Analyst, CAB
From: Michelle Kassatly, Contract Compliance Officer, CMD
Subject: JOC-96 Job Order Contract, General Engineering (A-License), San Joaquin, Stanislaus, and Tuolumne Counties (Hetch Hetchy)
The Contract Monitoring Division (“CMD”) has reviewed the bids submitted for the above referenced project, applied the appropriate bid discounts, and determined responsiveness to the Chapter 14B pre-award requirements. The Micro/Small-LBE subcontracting participation requirement is 16% for this project. Below is a summary of CMD’s review.
Bid Discount
Bidder
(PeopleSoft:
Supplier/Supplier ID)
LBE Status,
Type and
Size
(PS: LBE and
LBE Size)
ACF LBE Bid Discount
Adjusted ACF
with LBE
Bid Discount
Njirich & Sons, Inc. PUC LBE WBE
(Micro)
1.0800 10% 0.9720
K.W. Emerson Non-LBE 1.2064 Not eligible 1.2064
Pacific Engineering &
Construction, Inc.
SF LBE OBE
(Micro)
1.2500 10% 1.1250
Peterson Excavation, Inc. PUC LBE OBE
(Micro)
1.2960 10% 1.1664
LBE Subcontracting Participation Requirement
Njirich & Sons, Inc. (“Njirich”) is the lowest responsive bidder. Njirich met the 16% Micro/Small- LBE firms on Section 00 43 36 (Subcontractor List):
Subcontractor Scope of
Work
LBE Status,
Type and
Size
Listed
Amount
(PS: Amount
($)/Responsi
ble for)
Credited
Amount
Credited
Participation
(PS: Percent
LBE (%))
Don Lawley
Company, Inc.
Building
Moving/
Demolition
PUC LBE-OBE
(Micro) $50,000 $50,000 1%
2 Big Valley
Electric
Partial General
Engineering
PUC LBE OBE
(Micro) $950,000 $950,000 19%
Mission City
Rebar Inc.
Reinforcing
Steel
PUC LBE OBE
(Small) $100,000 $100,000 2%
TOTAL $1,100,000 $1,100,000 22%
Njirich did not list any non-LBE subcontractor on Section 00 43 36.
Good Faith Efforts Requirements
Njirich utilized Approach A: 35% Approach on CMD Form 2B to meet the Good Faith Efforts (“GFE”) Requirements. Njirich 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 Njirich 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 [email protected].