DEPARTMENT
Infrastructure
AGENDA NO.
5c
MEETING DATE
September 26, 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-101, 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-101, 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 with a duration of two years , to the responsible bidder that submitted the lowest responsive bid, Fontenoy Engineering, 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.
SFPUC uses Job Order Contracts for a wide range of construc tion 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-101, General Engineering (A License) Construction, San Francisco, San Mateo, Santa Clara, and Alameda Counties
Commission Meeting Date: September 26, 2023
• Construction Traffic and Control Services;
• Earthwork & Paving;
• Electrical Construction;
• General Engineering Construction;
• Hazardous Waste and Remediation Services;
• Landscaping;
• Lenel Systems Integration;
• Painting / Waterproofing;
• Pipeline Construction;
• PLC Systems Integration;
• Solar Contractors;
• 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 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 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 applicat ion 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.
Funding: Funding for the contract will be available from various SFPUC Enterprise Funds when Staff issues task orders.
Schedule: Estimated Notice-to-Proceed Date: November 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: November 2025
Bid History: Advertised: July 11, 2023
Agenda Title: JOC-101, General Engineering (A License) Construction, San Francisco, San Mateo, Santa Clara, and Alameda Counties
Commission Meeting Date: September 26, 2023
Bids Received: On August 10, 2023, SFPUC received and publicly opened two bids, as follows:
Bid Rank
Award
Criteria
Figure
Bid
Preference
Adjusted
Award
Criteria
Figure
Final
Rank
1. Fontenoy Engineering 1.2430 10% 1.1187 1
2. Marinship Development
Interest, LLC. 1.3035 10% 1.1732 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: The SFPUC did not receive any bid protests for this contract.
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. The SFPUC will not authorize the contractor to commence any work under this contract until the proposed work is reviewed and any appropriate en
vironmental 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. Fontenoy Engineering committed to a 30% 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 July 11, 2023, the SFPUC advertised Job Order Contract No. JOC-101, General Engineering (A License) Construction, San Francisco, San Mateo, Santa Clara, and Alameda Counties; and
WHEREAS, On August 10, 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 review ed the bidders for responsibility and their bids for responsiveness and application of bid preferences, and determined Fontenoy Engineering (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 requirement for this contract, and Fontenoy Engineering committed to a 30% 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 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 t he 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; now, therefore, be it
RESOLVED, That this Commission hereby awards Job Order Contract No. JOC-101, 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, Fontenoy Engineering.
I hereby certify that the foregoing resolution was adopted by the Public Utilities Commission at its meeting of September 26, 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 29, 2023
To: Judy Chin, SFPUC
Jennifer Walker, SFPUC
From: Adriana Duran, CMD
Subject: JOC-101 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 three (3) General A, License Bay Area JOC contracts, (81,86 and 89) the anticipated specialized scopes of work with specific licensing requirements. Specialized scopes of work include tree service requiring a D-49, with Licensed Timber Operator (LTO); Hazardous Materials Remediation, requires hazardous substance removal certification; Electrical work requiring a C-10; Solar Contractors, requiring a C-46, Well Pump Repair Service requiring a D-21, and Well Drilling requiring a C-57 license. Along with the anticipated need for specially manufactured equipment of Lenel Systems and PLC 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
Fontenoy Engineering SF LBE-
OBE
(Small)
1.2430 10% 1.1187
Marinship Development Interest LLC SF LBE-
MBE
(Micro)
1.3035 10% 1.1732
LBE Subcontracting Participation Requirement
Per SFPUC, Fontenoy Engineering (“FE”) was the apparent lowest responsive bidder.
FE met the 16% subcontracting requirement by listing the following LBE subcontractors on Section 00 43 36 (Subcontractors List):
2 LBE Subcontractor Scope of Work
LBE
Status,
Type
and
Size
Listed
Amount
Credited
Amount
Credited
Participation
Liffey Electric, Inc.
Electric, PLC Systems
Integration, Lenel
System
SF LBE-
OBE
(Small)
$800,000 $800,000 16.00%
B&C Painting &
Decorating
Painting
SF LBE-
WBE
(Micro)
$200,000 $200,000 4.00%
Pump repair Services
CO, Inc. Well Pump Repair
SF LBE-
OBE
(Small)
$500,000 $500,000 10.00%
TOTAL $1,500,000 $1,500,000 30.00%
FE listed the following non-LBE subcontractor on Section 00 43 36.
Subcontractor Scope of Work Status Listed Amount
Reliable Tree Experts Tree Service Non-LBE $200,000
Roadrunner Drilling &
Pump CO. Well Drilling Non-LBE $200,000
TOTAL $400,000
Good Faith Efforts Requirements
Fontenoy Engineering utilized Approach A (35% Approach) on CMD Form 2B to meet the Good Faith Efforts (“GFE”) Requirements. FE 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 FE 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].