INTER OFFICE MEMORANDUM
Department of Workforce & Employment Standards (DWES)
TO: Christine Reed, FROM: Vivian Inman,
Capital Improvement Project Coordinator Sr. Contract Compliance Officer
PREPARED BY: Paula Peav,
Contract Compliance Officer
SUBJECT: Compliance Analysis DATE: April 13, 2023 Mosswood Community Center
Project No. 1003625
_________________________________________________________________________________________
The Department of Workplace and Employment Standards (DWES) reviewed two (2) bids in response to the above referenced project. Below is the outcome of the compliance evaluation for the minimum 50% Local and Small Local Business Enterprise (L/SLBE) participation requirement. In addition, firms are reviewed for compliance with the Equal Benefits Ordinance (EBO).
The above referenced project contains specialty items. These specialty items have been excluded from the contractor’s bid price for purposes of determining compliance with the minimum 50% L/SLBE requirement.
The spreadsheet below is a revised format specifically for this analysis. The spreadsheet shows: Column A - Original Bid Amount; Column B - Specialty Dollar Amount submitted by the contractor; Column C - Non-Specialty Bid Amount (difference between column A and B); Column D - Total Credited Participation; Column E - Earned Bid Discounts as a result of the total credited participation and Column F - Adjusted Bid Amount calculated by applying the earned bid discount to the non-specialty work (column C) and then subtracting that difference from the original bid amount (column A).
Responsive to L/SLBE
and/or EBO Policies
Proposed Participation
Earned Credits and
Discounts
EBO Compliant? Y/N
Company
Name
Original Bid
Amount
Specialty
Dollar
Amount
Non Specialty
Dollar
Amount
Total
LBE/SLBE
LBE
SLBE
Trucking
Total Credited
participation
Earned Bid
Discounts
Adjusted Bid
Amount
A B C D E F
JUV,
Inc.
$20,297,621
$2,538,800.00
$17,758,821
77.93%%
1.75%%
76.18%%
100%
77.93%
4%
$19,587,268.16
Y
Comments: As noted above, JUV, Inc. exceeded the minimum 50% Local/Small Local Business Enterprise participation requirement. The firm is EBO compliant.
Non-Responsive to L/SLBE
and/or EBO Policies
Proposed Participation
Earned Credits and
Discounts
EBO Compliant? Y/N
Company Name Original Bid Amount Specialty Dollar Amount Non Specialty Dollar Amount Total LBE/SLBE LBE SLBE Trucking Total Credited participation Earned Bid Discounts Adjusted Bid Amount
A B C D E F
Thompson
Builders/FOCON JV
$22,550,000
$3,145,000.00
$19,405,000.00
4%
1.2%
2.8%
0.0%
0.0%
0.0%
0.0%
N
Comments: As noted above, firm failed to meet the minimum 50% L/SLBE participation requirement, as well as the trucking requirement. Therefore, they are non-responsive to L/SLBE program. They are not EBO compliant. They will have to come into compliance prior to full contract execution.
Should you have any questions, you may contact Paula Peav, Contract Compliance Officer at (510) 238- 3190.
Project Name:
Project No. 1003625 Engineers Est: Under/Over Engineers Estimate: -$2,965,855.00 Discipline Prime & Subs Location Cert. LBE/LPG SLBE **VSLBE Total L/SLBE VSLBE Total *Non-Specialty Bid Amount
TOTAL Original
Bid Amount
Status LBE/SLBE Trucking Trucking Trucking Dollars Ethn. MBE WBE PRIME JUV Inc. Oakland CB 8,960,021 8,960,021 8,212,221 8,960,021C Trucking Curbside Trucking Oakland CB 50,000 50,000 50,000 50,000 50,000 50,000AA 50,000 Demo AMG Oakland CB 196,000 196,000 196,000 196,000 C
Rebar Camblin Steel Roseville UB 109,000 109,000NL
Metals IBS USA Inc. SanFrancisco UB 498,000NL
Glass AAC Glass Inc. Hayward UB 1,074,600 1,074,600NL
HVAC Cal Pacific Systems Brisbane UB 1,248,000 1,748,000C Plumbing Ram West Inc. Oakland CB 1,500,000 1,500,000 1,500,000 1,500,000AP 1,500,000 Electrical BECI Electric Inc. Oakland CB 2,823,000 2,823,000 2,373,000 2,823,000C 2,823,000 Landscaping/
Irrigation
Briteview Landscape
Dev. Pleasanton UB 943,000 943,000NL
Painting George E. Masker Oakland CB 310,000 310,000 310,000 310,000 C Fire Sprinkler
Presidential Fire
Protection Sacramento UB 170,000 170,000NL
Food Service
Perfection Stainless
Fabrication Alameda UB 193,000NL
Roofing Andy's Roofing Co. San Leandro UB 273,000 273000NL Site
Utilities/Grading JDB San Francisco UB 1,300,000 1300000NL Elevator Otis Elevators Sacramento UB 150,000 H 150,000 Project Totals $310,000 $13,529,021 $0.00 $13,839,021 $50,000 $0 $50,000 $17,758,821 $20,297,621 $4,523,000 $0
1.75% 76.18% 0.00% 77.93% 100.00% 0.00% 100% 100% 100% 25.47% 0.00% Ethnicity
AA = African American
VSLBE AI = Asian Indian
AP = Asian Pacific
C = Caucasian
Legend LBE = Local Business Enterprise UB = Uncertified Business H = Hispanic SLBE = Small Local Business Enterprise CB = Certified Business NA = Native American VSLBE = Very Small Local Business Enterprise MBE = Minority Business Enterprise O = Other LPG = Locally Produced Goods WBE = Women Business Enterprise NL = Not Listed Total LBE/SLBE = All Certified Local and Small Local Businesses MO = Multiple Ownership NPLBE = NonProfit Local Business Enterprise
NPSLBE = NonProfit Small Local Business Enterprise
LBE/LPG
25% SLBE 25%
TOTAL
LBE/SLBE/
VSLBE/LBE-
LPG
50% LBE/SLBE TRUCKING
* The above project contains specialty work. The Non-Specialty Work Bid Dollars were used for the purposes of determining compliance with the mininum 50% L/SLBE participation requirement.
L/SLBE PARTICIPATION
BIDDER 1
Mosswood Community Center
$17,331,766.00
For Tracking Only
Requirements: The 50% requirment is a combination of 25% LBE and 25% SLBE participation. An SLBE firm can be counted 100% towards achieving the 50% requirement. A VSLBE's participation is double counted toward meeting the requirement.
PROJECT NO.:
PROJECT NAME:
Engineer's Estimate:
$17,331,766.00
Discounted Bid Amount: Discount Points:
$19,587,268.16 4%
1. Did the 50% requirements apply? YES
2. Did the contractor meet the 50% requirement? YES
1.75%
76.18%
0.00%
YES
a) Total L/SLBE trucking participation 100.00%
4. Did the contractor receive bid discounts? YES
(If yes, list the percentage received) 4%
5. Additional Comments.
4/13/2023
Date
Reviewing
Officer: Date:
Approved By: Date:
Mosswood Community Center
DEPARTMENT OF WORKPLACE AND EMPLOYMENT STANDARDS
(DWES)
PROJECT EVALUATION FORM
1003625
CONTRACTOR:JUV Inc.
Contractors' Original Bid
Amount Specialty Dollar Amount
$20,297,621.00 $2,538,800.00 -$2,965,855.00
Over/Under Engineer's Estimate
4/13/2023
Amount of Bid DiscountNon-Specialty Bid Amt.
$710,352.84 $17,758,821.00
b) % of LBE/LPG participation
c) % of SLBE participation
d) % of VSLBE Participation
3. Did the contractor meet the L/SLBE Trucking requirement?
6. Date evaluation completed and returned to Contract Admin./Initiating Dept.
Vivian Inman
4/13/2023Paula Peav
Project Name:
Project No.: 1003625 Engineers Est: Under/Over Engineers Estimate: -$5,218,234 Discipline Prime & Subs Location Cert. LBE/LPG SLBE **VSLBE Total L/SLBE VSLBE Total Status LBE/SLBE Trucking Trucking Trucking Ethn. MBE WBE PRIME
Thompson
Builders/FOCON JV Oakland UB 9,197,10810,643,108C
Fire Sprinkler RCM Fire Protection Tracy UB 210,000 210,000NL Elevator Kone, Inc. San Leandro UB 192,000NL
Plumbing Dinelli Plumbing, Inc. Foster City UB 756,000 756,000NL Electrical McGrath Electric Inc. Fairfield UB 2,620,000 2,920,000NL Trucking A1 Trucking Services Oakland UB 480,000 480,000AP 480,000 Demolition
Asbestos Mangement
Group of CA (AMG) Oakland CB 196,000 196,000 196,000 196,000 Food Service Equiptm
Perfection Stainless
Fabrication Inc. Bakersfield UB 1,365 193,365C
Asphalt Paving Rapid Grading Services HaywardUB 125,927 125,927NL Structural Streel MAR Metals Inc. Holister UB 535,000NL HVAC
Kevin M. Sullivan &
Associates Pacheco UB 1,390,000 1,870,000C
Site Concrete Landavazo Bros, Inc. Hayward UB 396,000 396,000H 396,000 Landscape Bright View Landscape Pleasonton UB 943,000 943,000NL Rebar Martinez Steel, LLC Ontario UB 168,000 168,000NL
Casework BK Mill & Fixtures, Inc. Newark UB 335,000 335,000C 335000 Metal Roof/PVC Roof Westech Roofing RichmondUB 258,000 258,000NL Flashing Mauck Sheet Metal Oakland CB 347,000 347,000 347,000 347,000C Windows AAC Glass Inc. Hayward UB 1,074,600 1,074,600NL Acoustical Creative Ceilings Inc. Concord UB 375,000 375,000NL Flooring
Anderson Commercial
Flooring Oakland CB 233,000 233,000 233,000 233,000C
Painting KBI Painting, Inc. Petaluma UB 299,000 299,000NL Project Totals $233,000 $543,000 $0 $776,000 $0 $0 $0 $19,405,000 $22,550,000 $876,000 $335,000
1.20% 2.80% 0.00% 4.00% 0% 0% 0% 100% 100% 3.88% 1.49%
Ethnicity
AA = African American
VSLBE/LPG AI = Asian Indian
AP = Asian Pacific
C = Caucasian
Legend LBE = Local Business Enterprise UB = Uncertified Business H = Hispanic SLBE = Small Local Business Enterprise CB = Certified Business NA = Native American VSLBE = Very Small Local Business Enterprise MBE = Minority Business Enterprise O = Other LPG = Locally Produced Goods WBE = Women Business Enterprise NL = Not Listed Total LBE/SLBE = All Certified Local and Small Local Businesses MO = Multiple Ownership NPLBE = NonProfit Local Business Enterprise
NPSLBE = NonProfit Small Local Business Enterprise
LBE/SLBE PARTICIPATION
BIDDER 2Mosswood Community Center
$17,331,766
* The above project contains specialty work. The Non-Specialty Work Bid Dollars were used for the purposes of determining compliance with the mininum 50% L/SLBE participation requirement.
*Non-Specialty
Bid Amount
TOTAL
Original Bid
Amount
For Tracking Only
LBE 25% SLBE 25%
TOTAL
LBE/SLBE/
VSLBE/LBE-
LPG
50% LBE/SLBE TRUCKING
Requirements:The 50% requirment is a combination of 25% LBE and 25% SLBE participation. An SLBE firm can be counted 100% towards achieving the 50% requirement. A VSLBEE's participation is double counted toward meeting the requirement.
PROJECT NO.:
PROJECT NAME:
Engineer's Estimate:
$17,331,766.00
Discounted Bid Amount: Discount Points:
NA 0%
1. Did the 50% requirements apply? YES
2. Did the contractor meet the 50% requirement? NO
1.20%
2.80%
0.00%
NO
a) Total L/SLBE trucking participation 0%
4. Did the contractor receive bid discounts? NO
(If yes, list the percentage received) 0.00%
5. Additional Comments.
4/13/2023
Date
Reviewing
Officer:
Approved By: Date:
CONTRACTOR:Thompson Builders/FOCON JV
$22,550,000.00
DEPARTMENT OF WORKPLACE AND EMPLOYMENT STANDARDS
(DWES)
PROJECT EVALUATION FORM
1003625
Mosswood Community Center
$3,145,000.00 -$5,218,234.00
Over/Under Engineer's
Estimate
$0.00
Contractors' Original Bid
Amount
Specialty Dollar
Amount
$19,405,000.00
Amount of Bid DiscountNon-Specialty Bid Amt.
Vivian Inman 4/13/2023
b) % of LBE/LPG participation
Firm failed to meet the minimum 50% L/SLBE participation requirement. Therefore, they are non-responsive to L/SLBE program.
6. Date evaluation completed and returned to Contract Admin./Initiating Dept. 4/13/2023
c) % of SLBE participation
3. Did the contractor meet the L/SLBE Trucking requirement? d) % of VSLBE Participation
Paula Peav