DEPARTMENT
Infrastructure
AGENDA NO.
5d
MEETING DATE
September 20, 2023
Last updated: 05.03.2023
AGENDA ITEM
Public Utilities Commission
City and County of San Francisco
Calendar: Consent Calendar
Contract Manager: Judy Chin
Award Job Order Contract No. JOC-99, 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-99, General Engineering (A License) Construction, 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, Marinship Development Interest LLC, to perform A-licensed general engineering construction work 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 O rder Contract s for a wide range of construction activities including general building construction and general engineering construction, 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 Contract work locations are San Francisco, San Mateo, Santa Clara, and Alameda counties. The scope of work for potential task orders consists of:
• Concrete Construction;
Agenda Title: JOC-99, General Engineering (A License) Construction, San Francisco, San Mateo, Santa Clara, and Alameda Counties
Commission Meeting Date: September 20, 2023
• Construction Traffic and Control Services;
• Earthwork & Paving;
• Electrical Construction;
• General Engineering Construction;
• Landscaping;
• Lenel Systems Integration;
• Painting / Waterproofing;
• Pipeline Construction;
• PLC Systems Integration;
• Tree Service;
• 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 exercise its 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 award 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 t he 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: October 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: October 2025
Bid History:
Advertised: June 27, 2023
Bids Received: On July 27, 2023, SFPUC received and publicly opened two bids, as follows:
Agenda Title: JOC-99, General Engineering (A License) Construction, San Francisco, San Mateo, Santa Clara, and Alameda Counties
Commission Meeting Date: September 20, 2023
Bid Rank
Award
Criteria
Figure
Bid
Preference
Adjusted
Award
Criteria
Figure
Final
Rank
1. Ground Control Inc. 1.2025 10% 1.0823 1
2. Marinship Development
Interest LLC 1.2480 10% 1.1232 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.
However, the SFPUC is not awarding Contract No. JOC-99 to Ground Control Inc. because it is not eligible for award – Ground Control is currently the contractor under another JOC Contract and cannot simultaneously hold two active JOCs. Ground Control Inc. submitted bids for Contract No. JOC- 97 and Contract No. JOC-99. On August 22, 2023, this Commission awarded Contract No. JOC-97 to Ground Control Inc. Under San Francisco Administrative Code section 6.62(j), a contractor that enters into a JOC Contract with a particular City department is not eligible during the term of such JOC Contract to submit a Bid on a subsequent JOC Contract advertised by the same contracting department, except in the following circumstances:
(1) the Contractor's existing JOC Contract will expire in 120 days or fewer; (2) the contracting department has issued task orders valued by the City in an amount equal to or exceeding 90% of the maximum dollar amount of the existing JOC Contract; or (3) the subsequent JOC Contract is funded by a different source of government funds (e.g., Federal, State, Local) than the funding source used for the existing JOC Contract; none of the exceptions apply to Ground Control Inc.’s bid on Contract No. JOC-99.
When the Commission awarded Contract No. JOC-97 to Ground Control Inc., the contractor become ineligible for award of Contract No. JOC-99. For this reason, Marinship Development Interest LLC is the responsible bidder that submitted the lowest responsive bid for Contract No. JOC-99.
Protest: The SFPUC did not receive any bid protests for Contract No. JOC-99.
Environmental
Review:
Award of this Job Order Contract 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 authorize the contractor to commence any work under this co ntract until the proposed work Agenda Title: JOC-99, General Engineering (A License) Construction, San Francisco, San Mateo, Santa Clara, and Alameda Counties
Commission Meeting Date: September 20, 2023
is reviewed and any appropriate environmental review under the CEQA, if required, has been completed.
Local Business
Enterprise
Participation and
Non-Discrimination
In Contracting:
The Contract Monitoring Division established a 16% Local Business Enterprise subcontracting requirement for this contract. Marinship Development Interest LLC committed to a 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 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 June 27, 2023, the SFPUC advertised Job Order Contract No. JOC-99, General Engineering (A License) Construc tion, San Francisco, San Mateo, Santa Clara, and Alameda Counties; and
WHEREAS, On July 27, 2023, the SFPUC received and publicly opened two 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 Marinship Development Interest LLC (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 Marinship Development Interest LLC 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 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 Job Order Contract; and
WHEREAS, Award of this Job Order Contract does not constitute a “project” under the California Envi ronmental 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 the SFPUC will not authorize the contractor to commence any work under this contract until the proposed work is reviewed and any appropriate environmental review under the CEQA, if required, has been completed; and
WHEREAS, Funds 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 -99, 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, Marinship Development Interest LLC.
I hereby certify that the foregoing resolution was adopted by the Public Utilities Commission at its meeting of September 20, 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
CONTRACT MONITORING DIVISION
OFFICE OF THE CITY ADMINISTRATOR
MEMORANDUM
Date: August 17, 2023
To: Judy Chin, SFPUC
Jennifer Walker, SFPUC
From: Adriana Duran, CMD
Subject: JOC-99 General Engineering (A License) Construction, San Francisco, San Mateo, Santa Clara, and Alameda Counties – CMD Review
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.
The LBE sub requirement is less than 20% in consideration of the average performance of the last four (4) General A, License Bay Area JOC contracts, (91,89,86 and 81) the anticipated specialized scopes of work with specific licensing requirements. Specialized scopes of work include electrical work with high-voltage distribution systems that will require a C-10 license; extensive pipeline relining will require a C-33 license; well-drilling, which will require a C-57 license; well pump repairs for the groundwater program in the regional water system, which will require a D-21 license; tree removal work within the SFPUC watersheds that will require a D-49 license with previous working relationship with a licensed timber operator (LTO) and biologists; and security system improvements that will require Lenel certified system integrators. Below is a summary of CMD’s review.
Bid Discount
Bidder
LBE
Status,
Type
and Size
ACF LBE Bid
Discount
ACF with LBE
Bid Discount
Ground Control, Inc.
(“GCI”)
SF LBE-
MBE
(Micro)
1.2025 10% 1.0823
Marinship Development
Interest LLC (“MDI”)
SF LBE-
MBE
(Micro)
1.2480 10% 1.1232
Per SFPUC, Ground Control, Inc. (“GCI”) was the apparent lowest responsive bidder; however, GCI is not eligible for this JOC award, based pending approval for JOC-97 and per San Francisco Administrative Code Chapter 6.62 (j). Therefore, Marinship Development Interest LLC (“MDI”) is the 2nd lowest responsive bidder.
2 LBE Subcontracting Participation Requirement
MDI met the 16% LBE subcontracting requirement by listing the following LBE firms on Section 00 43 36 (Subcontractor List):
LBE Subcontractor Scope of Work
LBE
Status,
Type
and Size
Listed
Amount
Credited
Amount
Credited
Participation
DR Traffic Control LLC Traffic Control
SF LBE-
MBE
(Micro)
$100,000 $100,000 2.00%
Red Dipper, Inc. Electrical, Lenel
Systems, PLC System
SF LBE-
MBE
(Micro)
$800,000 $800,000 16.00%1
B&C Painting &
Decorating
Painting/Waterproofing
SF LBE-
WBE
(Micro)
$200,000 $200,000 4.00%
TOTAL $1,100,000 $1,100,000 22.00%
1 Note: Red Dipper, Inc. has restriction on contracting with Leyder Electric, LLC and 415 Electric until 12/31/2024.
MDI listed the following non-LBE subcontractor on Section 00 43 36.
Subcontractor Scope of Work Status Listed Amount
Sexy Tree Service Tree Service Non-LBE $ 200,000
Pump Drilling &
Pump Company, Inc. Well Drilling Non-LBE $400,000
TOTAL $ 600,000
Good Faith Efforts Requirements
Marinship Development Interest LLC utilized Approach A (35% Approach) on CMD Form 2B to meet the Good Faith Efforts (“GFE”) Requirements. MDI demonstrated that it met the GFE requirements under Approach A by relying on self-performed contract work to meet the 35% good faith outreach approach.
Based on the foregoing, CMD has determined that MDI 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]
.