DEPARTMENT Infrastructure Division AGENDA NO. 7e
MEETING DATE December 10, 2024
AGENDA ITEM
Public Utilities Commission
City and County of San Francisco
Calendar: Regular Calendar
Contract Manager: Judy Chin
Approve Modification No. 1 to Job Order Contract No. JOC-91, General Engineering (A License) Construction, San Francisco, San Mateo, Santa Clara, and Alameda Counties Summary of
Proposed
Commission Action:
Approve Modification No. 1 to Job Order Contract No. JOC-91, General Engineering (A License) Construction, San Francisco, San Mateo, Santa Clara, and Alameda Counties, with R&S Construction Management, Inc., to increase the contract amount by $2,500,000, for a revised not-to-exceed contract amount of $7,500,000, and to increase the contract duration by three years, for a total contract duration of five years, to provide additional time and capacity for facility and asset improvements.
Background: A Job Order Contract is an indefinite quantity , task-order based contract that enables the San Francisco Public Utilities Commission (SFPUC) to complete construction tasks quickly and efficiently on an as-needed basis under a single, competitively bid construction contract using published pre-set unit prices.
The SFPUC has used Job Order Contracts 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.
The not-to-exceed amount of this contract is $5,000,000. Under San Francisco Administrative Code section 6.62, the Commission may increase the maximum contract value by up to 150% of the original contract value (an additional $2,500,000) for a total potential maximum contract amount of $7,500,000.
The duration of this contract is two years. Under San Francisco Administrative Code section 6.62, the Commission may extend the term to a maximum duration of five years. The SFPUC may not issue any new task orders under this contract after four years from the date t
he Controller certifies the
availability of funds for this contract.
On February 28, 2023, by Resolution No. 23-0046, the Commission awarded Job Order Contract No. JOC -91, General Engineering (A License) Construction, San Francisco, San Mateo, Santa Clara, and Alameda Counties to R&S Construction Management, Inc., with an original not-to-exceed contract amount of $5,000,000 and an original contract duration of two years.
Agenda Title: JOC-91, General Engineering (A License) Construction, San Francisco, San Mateo, Santa Clara, and Alameda Counties
Commission Meeting Date: December 10, 2024
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 Traffic Control;
• Earthwork and Paving;
• Electrical;
• General Engineering Construction;
• Landscape;
• Lenel Systems Integration;
• Pipeline;
• Tree Service;
• Well Drilling; and
• Well Pump Repair.
Modifications to the
Contract:
Recommended Modification No. 1: Staff recommends Commission approval to increase the contract amount by $2,500,000 for a revised not -to-exceed contract amount of $7,500,000, and to extend the c ontract duration by three years, for a total contract duration of five years, to provide additional time and capacity for facility and asset improvements such as concrete, construction traffic control , earthwork and paving, electrical, general engineering construction, landscape, Lenel systems integration, pipeline, tree service, well drilling, and well pump repair for the SFPUC Operations and Bureaus.
Funding and Costs: Funding: Staff encumbers funds for each Task Order concurrently with issuance of a Notice-to-Proceed. The SFPUC Operations and Bureaus requesting work provide the funding for each task order.
Original Not-to-Exceed Award Amount: $5,000,000
Recommended Modification Amount: $2,500,000
Total Not-to-Exceed Contract Amount: $7,500,000
Schedule: Certification Date: April 28, 2023
Original Duration: two years
Recommended Modification: three years
Total Revised Contract Duration: five years
Environmental
Review:
Approval of this Job Order contract modification 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. Staff 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
Utilization and
The contract Monitoring Division established a 16% Local Business Enterprise (LBE) subcontracting requirement for this c ontract. R&S Construction Agenda Title: JOC-91, General Engineering (A License) Construction, San Francisco, San Mateo, Santa Clara, and Alameda Counties
Commission Meeting Date: December 10, 2024
Non-Discrimination
in Contracting:
Management, Inc., committed to an 18% LBE subcontractor participation with its bid submittal, and this amount remains unchanged.
Attachment: 1. Contract Monitoring Division Memorandum
PUBLIC UTILITIES COMMISSION
City and County of San Francisco
RESOLUTION NO.
WHEREAS, The San Francisco Public Utilities Commission (SFPUC) requires as-needed construction for a wide range of construction activities to support its facilities, 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, ventil ation, and air conditioning systems, and energy efficiency retrofits , and SFPUC typically utilizes a Job Order Contract (JOC) to perform this work; and
WHEREAS, On February 28, 2023, by Resolution No. 23-0046, this Commission awarded Job Order Contract N o. JOC-91, General Engineering (A License) Construction, San Francisco, San Mateo, Santa Clara, and Alameda Counties, to R&S Construction Management, Inc.; and
WHEREAS, The contract certification date was April 28, 2023; and
WHEREAS, The original contract amount was for an amount not -to-exceed $5,000,000 and the original contract duration was two years; and
WHEREAS, Staff recommends approval of Modification No. 1 to increase the contract amount by $2,500,000 for a revised not-to-exceed contract amount of $7,500,000, and to extend the contract duration by three years, for a total contract duration of five years, to provide additional time and capacity for facility and asset improvements such as concrete, construction traffic control, earthwork and paving, electrical, general engineering construction, landscape, Lenel systems integration, pipeline, tree service, well drilling, and well pump repair for Operations and Bureaus; and
WHEREAS, The Contract Monitoring Division established a Local Business Enterprise (LBE) subcontracting requirement of 16% for this contract, R&S Construction Management, Inc., committed to 18% LBE subcontractor participation with its bid submittal, and this amount remains unchanged; and
WHEREAS, Approval of this Job Order contract modification 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 Staff 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 when Task Orders are issued; now, therefore, be it
2 RESOLVED, That this Commission hereby approves Modification No. 1 to Job Order Contract No. JOC-91, General Engineering (A License) Construction, San Francisco, San Mateo, Santa Clara, and Alameda Counties , with R&S Construction Management, Inc., increasing the contract amount by $2,500,000 for a revised not -to-exceed contract amount of $7,500,000, and extending the contract duration by three years, for a total contract duration of five years.
I hereby certify that the foregoing resolution was adopted by the Public Utilities Commission at its meeting of December 10, 2024.
Director of Commission Affairs
San Francisco Public Utilities Commission
City & County of San Francisco
London N. Breed, Mayor
Office of the City Administrator
Carmen Chu, City Administrator
Contract Monitoring Division
Stephanie Tang, Director
1155 Market Street, 4th Floor, San Francisco, CA 94103
Telephone (415) 581-2310 General Email [email protected]
MEMORANDUM
Date: October 18, 2024
To: Judy Chin, SFPUC
Jen Walker, SFPUC
From: Jovi Cuntapay-Vitin, CMD
Subject: Modification No. 1 for JOC-91 Job Order Contract, General Engineering (A- License) Construction, San Francisco, San Mateo, Santa Clara, and Alameda Counties – PeopleSoft Contract No. 1000028836
SFPUC has requested to modify the above referenced contract by $2,500,000 for a total agreement amount of $7,500,000, and with a time extension of three (3) years, for a total contract duration of five (5) years. Pursuant to communications with the SFPUC, the scope of work for Modification No.1 consists of asset improvements such as: Concrete, Construction Traffic Control, Earthwork and Paving, Electrical, General Engineering, Landscape, Lenel Systems Integration, Pipeline, Tree Service, Well Drilling and Well Pump Repair.
The Micro/Small -LBE subcontracting participation requirement established for this contract is 16%. Per bid documents, the Prime - R&S Construction Management, Inc. ("R&S"), committed to a 18.00% of LBE participation for this contract – please see the below table. The LBE subcontracting participation commitment applies to the entire contract including any modifications, change orders and amendments.
The Micro/Small LBE participation reflected on the Prime Contractor’s, R&S’, Section 00 43 36 at the time of bid is as follows:
Subcontractor Scope of Work
LBE Status,
Type and
Size
Original
Credited
Participation
Baytech Engineering, Inc. Partial Electrical – Traffic
signal, street lighting
SF LBE-MBE
(Micro) 4.00%
Pump Repair Service Company Well Pump Repair SF LBE-OBE (Micro) 12.00%
JDB & Sons Construction, Inc. Partial Pipeline SF LBE-OBE (Micro) 2.00%
Canepa & Sons Inc.1 Well Drilling PUC LBE-
OBE (Micro) 0.00%
TOTAL 18.00%
1 Canepa & Sons Inc. (“CSI”) is a PUC-LBE firm. Per Advertisement, the LBE subcontracting requirement can only be met by using Micro/Small SF-LBEs. Hence, CSI will not receive LBE credit.
As of October 18, 2024, per SOLIS, R&S’ total invoiced to-date is $2,418,714.60. The Micro/Small LBE participation achieved by R&S is as follows:
Original Listed
Subcontractors Scope of Work
LBE Status,
Type and
Size
Participation
(not including
Modification
No. 1)
Baytech Engineering, Inc. Partial Electrical – Traffic
signal, street lighting
SF LBE-MBE
(Micro) 4.00%
Pump Repair Service Company Well Pump Repair SF LBE-OBE (Micro) 12.00%
JDB & Sons Construction, Inc. Partial Pipeline SF LBE-OBE (Micro) 2.00%
Canepa & Sons Inc.1 Well Drilling PUC LBE-
OBE (Micro) 0.00%
TOTAL 18.00%
ADDED LBE Firms
Bullard’s Heating & Air Inc HVAC SF LBE-OBE
(Micro) 26.13%
Compass Engineering
Contractors
Furnish & install
pavement
striping/marking
0.00%
San Francisco Roofing Services
Inc. Roofing SF LBE-MBE
(Micro) 22.98%
Watertight Restoration Inc. Dam Spillway and Dam
Face Repairs
SF LBE-OBE
(Micro) 0.00%
Per communications with R&S and as confirmed by SFPUC , Baytech Engineering, Inc. (“Baytech”), Pump Repair Service Company (“Pump Repair”), and JDB & Sons Construction, Inc. (“JDB”), listed LBE firms, have not been utilized because their scopes of work have not yet been released/issued by SFPUC thus far. R&S is required to make good faith efforts to utilize LBEs for any scopes of work, or portions thereof, which can reasonably be subcontracted throughout the life of the agreement. In light of this requirement, and as part of R&S’ good faith efforts, R&S added several certified LBE firms: Bullard’s Heating & Air Inc, Compass Engineering Contractors, San Francisco Roofing Services Inc. and Watertight Restoration Inc.
Moreover, R&S confirmed that it will remain committed to assigning work that may arise from future task orders to its original listed LBE subcontractors. R&S informed the CMD that it anticipates meeting its 18.00% LBE subcontracting participation commitment, as follows:
Original Listed
Subcontractors Scope of Work
LBE Status,
Type and
Size
Participation
(including
Modification
No. 1)
Baytech Engineering, Inc. Partial Electrical – Traffic
signal, street lighting
SF LBE-MBE
(Micro) 4.00%
Pump Repair Service Company Well Pump Repair SF LBE-OBE (Micro) 12.00%
JDB & Sons Construction, Inc. Partial Pipeline SF LBE-OBE (Micro) 2.00%
Canepa & Sons Inc.1 Well Drilling PUC LBE-
OBE (Micro) 0.00%
TOTAL 18.00%
ADDED LBE Firms
Bullard’s Heating & Air Inc HVAC SF LBE-OBE
(Micro) 26.13%
Compass Engineering
Contractors
Furnish & install
pavement
striping/marking
0.00%
San Francisco Roofing Services
Inc. Roofing SF LBE-MBE
(Micro) 22.98%
Watertight Restoration Inc. Dam Spillway and Dam
Face Repairs
SF LBE-OBE
(Micro) 0.00%
Going forward, in order to ensure compliance with the Chapter 14B post -award requirements, SFPUC staff and R&S will continue to notify and obtain CMD approval for any proposed subcontractor additions and/or substitutions throughout the term of this contrac t as well as any changes to the scope of work and the information provided to CMD. CMD will review this information to determine and facilitate progress towards the project’s LBE subcontracting commitment. Contingent upon the conditions set forth above, CM D approves this modification.
Should you have any questions and/or concerns regarding the above, I can be reached at [email protected].