DEPARTMENT
Infrastructure
AGENDA NO.
6b
MEETING DATE
November 14, 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-103, 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-103, 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 sole responsive bid, Cal State Constructors, Inc ., 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 complete unrelated tasks quickly and efficiently 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 Contracts for a wide range of constructio n 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.
Under San Francisco Administrative Code section 6.62(g), the Commission may extend the term for up to a total of five years. SFPUC may not issue any new task orders under a JOC after four years from the date the Controller certifies the availability of funds.
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-103, General Engineering (A License) Construction, San Francisco, San Mateo, Santa Clara, and Alameda Counties
Commission Meeting Date: November 14, 2023
• Construction Traffic and Control Services;
• Earthwork and Paving;
• Electrical Construction;
• General Engineering Construction;
• Hazardous Waste and Remediation Services;
• Landscaping;
• Lenel Systems Integration;
• Painting / Waterproofing;
• Pipeline Construction;
• PLC Systems Integration;
• Solar Construction;
• 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): Staff calculates the Contractors’ bid adjustment factors as a percentage mark-up on pre-set unit prices. 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: January 2024
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: January 2026
Bid History: Advertised: July 27, 2023
Agenda Title: JOC-103, General Engineering (A License) Construction, San Francisco, San Mateo, Santa Clara, and Alameda Counties
Commission Meeting Date: November 14, 2023
Bids Received: On September 14, 2023, SFPUC received and publicly opened two bids, as follows:
Bid Rank
Award
Criteria
Figure
LBE Bid
Discount
Adjusted
Award
Criteria
Figure
Final
Rank
1. Marinship Development
Interest LLC 1.3035 10% 1.1732 1
2. Cal State Constructors,
Inc. 1.3745 10% 1.2371 2
Application of Local Business Enterprise (LBE) 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 can not award Contract No. JOC -103 to Marinship Development Interest LLC (Marinship) because it is not eligible for award ; Marinship is currently the contractor under another Job Order Contract and cannot simultaneously hold two active Job Order Contracts. Marinship submitted bids for Contract No. JOC -99 and Contract No. JOC -103. On September 20, 2023, this Commission awarded Contract No. JOC -99 to Marinship. Under San Francisco Administrative Code section 6.62(j) , a contractor that enters into a Job Order Contract with a particular City department is not eligible during the term of such Job Order Contract to submit a Bid on a subsequent Job Order Contract advertised by the same contracting department, except in the following circumstances: (1) the Contractor's existing Job Order
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 Job Order
Contract; or (3) the subsequent Job Order Contract is funded by a different source of government funds (e.g., Federal, State, Local) than the funding source used for the existing Job Order Contract; n one of the exceptions appl y to Marinship’s bid on Contract No. JOC-103.
When the Commission awarded Contract No. JOC-99 to Marinship, Marinship became ineligible for award of Contract No. JOC-103. For this reason, Cal State Constructors, Inc., is the s ole eligible, responsible bidder that submitted a responsive bid for Contract No. JOC -103. In accordance with San Francisco Administrative Code section 6.23(c)(3), Staff analyzed the bids and determined that rebidding would not result in a lower Award Criteria Figure because the minimum qualifications were not too onerous and were necessary for the work and because Marinship could not cure the cause of its disqualification.
Agenda Title: JOC-103, General Engineering (A License) Construction, San Francisco, San Mateo, Santa Clara, and Alameda Counties
Commission Meeting Date: November 14, 2023
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 contract until the proposed work 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% LBE subcontracting requirement for this contract. Cal State Constructors, Inc. committed to 16% LBE 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 July 27, 2023, the SFPUC advertised Job Order Contract No. JOC-103, General Engineering (A License) Construction, San Francisco, San Mateo, Santa Clara, and Alameda Counties; and
WHEREAS, On September 14, 2023, the SFPUC received and publicly opened two bids for Contract No. JOC-103 from (1) Marinship Development Interest LLC (Marinship), and (2) Cal State Constructions, Inc., 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, On September 20, 2023, this Commission awarded Contract No. JO C-99 to Marinship, which made Marinship ineligible to submit a bid on Contract No. JOC-103 under San Francisco Administrative Code section 6.62(j), which provides that a contractor that enters into a job order contract with a particular City department is not eligible during the term of such job order contract to submit a b id on a subsequent j ob order contract advertised by the same contracting department; and
WHEREAS, Under San Francisco Administrative Code section 6.23(c)(3), where the SFPUC receives one responsive bid and another non-responsive bid, the department may award a contract to the sole responsible, responsive bidder if the General Manager determines that (A) the qualifications for bidders were not too onerous and w ere necessary for the work and/or (B) the nonresponsive bids could not be easily cured; and
WHEREAS, Staff analyzed the bids and determined that rebidding would not result in a lower Award Criteria Figure because the qualifications for Bidders were not too onerous and were necessary for the work and because Marinship could not cure the cause of its disqualification; and WHEREAS, Staff and Contract Monitoring Division review ed the bidders and their bids for responsibility, responsiveness, and application o f bid preferences and determined Cal State Constructors, Inc. (Contractor) to be the responsible bidder that submitted the sole responsive bid; and
WHEREAS, The Contract Monitoring Division established a 16% Local Business Enterprise subcontracting participation requirement for this contract, and Cal State Constructors, Inc. committed to 16% 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 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-103, 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 sole responsive bid, Cal State Constructors, Inc.
I hereby certify that the foregoing resolution was adopted by the Public Utilities Commission at its meeting of November 14, 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: October 10, 2023
To: Judy Chin, SFPUC
Jennifer Walker, SFPUC
From: Adriana Duran, CMD
Subject: JOC-103- A-license, General Engineering San Francisco, Santa Clara, San Mateo 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 Bay Area JOC contracts, i.e., JOC-81, JOC-86, JOC-89 and JOC- 91, and the anticipated specialized scopes of work with specific and special 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; solar panel installation, which will require a C-46 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.
Bid Discount
Bidder
LBE
Status,
Type
and Size
ACF LBE Bid
Discount
ACF with LBE
Bid Discount
Marinship Development
Interest LLC (“MDI”)
SF LBE-
MBE
(Micro)
1.3035 10% 1.1732
Cal State Constructors,
Inc. (“CSCI”)
SF LBE-
MBE
(Micro)
1.3745 10% 1.2371
Pursuant to the San Francisco Administrative Code, Chapter 6, Section 6.62 (j),
A Contractor who 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
2 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. Nothing in this section shall preclude a Contractor from simultaneously bidding on multiple JOC Contracts advertised by one City department prior to Award of a JOC Contract by that department.
Based on the above provision, although Marinship Development Interest LLC, (MDI) the apparent low bidder, simultaneously submitted bids to multiple JOC Contracts advertised by SFPUC (i.e., JOC-99), it can only enter into a contract agreement with SFPUC under one JOC Contract at a time. Accordingly, SFPUC notified CMD that Marinship Development Interest LLC is also responsive to and will be awarded JOC-99. Therefore, Cal State Constructors, Inc. (CSCI) is the 2
nd lowest responsive bidder for this contract.
LBE Subcontracting Participation Requirement
CSCI 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
Particip
ation
Pump Repair Service Co. Well Pump Repair
SF LBE-
OBE
(Small)
$400,000 $400,000 8.00%
Bay Tech Engineering Electrical
SF LBE-
MBE
(Micro)
$400,000 $400,000 8.00%
TOTAL $800,000 $800,000 16.00%
CSCI listed the following non-LBE subcontractor on Section 00 43 36.
Subcontractor Scope of Work Status Listed
Amount
Eggli Landscape
Contractors, Inc. Landscaping Non-LBE $ 800,000
Golden Bay Construction Earthwork &
Paving Non-LBE $300,000
TOTAL $ 1,100,000
3 Good Faith Efforts Requirements
Cal State Constructors, Inc. utilized Approach A (35% Approach) on CMD Form 2B to meet the Good Faith Efforts (“GFE”) Requirements. CSCI 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]
.