REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
September 26, 2023
FROM
DON DAY, Director, Project and Facilities Management Department
SUBJECT
Title
Award Job Order Contracts for General Building, General Engineering, Mechanical, Healthcare General Building, Healthcare General Engineering, and Healthcare Mechanical
End
RECOMMENDATION(S)
Recommendation
1. Approve the following Addenda to the Bid Documents:
a. Addendum No. 1 to the Bid Documents for General Building Job Order Contractor, dated June 7, 2023, which added a second Mandatory Pre-bid Meeting, changed the Question Deadline, changed the Bid Opening Date, and provided changes to Contact Information and Bid Documents.
b. Addendum No. 1 to the Bid Documents for General Engineering Job Order Contractor, dated June 7, 2023, which added a second Mandatory Pre-bid Meeting, changed the Question Deadline, changed the Bid Opening Date, and provided changes to Contact Information and Bid Documents.
c. Addendum No. 1 to the Bid Documents for Mechanical Job Order Contractor, dated June 7, 2023, which added a second Mandatory Pre-bid Meeting, changed the Question Deadline, changed the Bid Opening Date, and provided changes to Contact Information and Bid Documents.
d. Addendum No. 1 to the Bid Documents for Healthcare General Building Job Order Contractor, dated June 7, 2023, which added a second Mandatory Pre-Bid Meeting, changed the Question Deadline, changed the Bid Opening Date, and provided changes to Contact Information and Bid Documents.
e. Addendum No. 1 to the Bid Documents for Healthcare General Engineering Job Order Contractor, dated June 7, 2023, which added a second Mandatory Pre-Bid Meeting, changed the Question Deadline, changed the Bid Opening Date, and provided changes to Contact Information and Bid Documents.
f. Addendum No. 1 to the Bid Documents for Healthcare Mechanical Job Order Contractor, dated June 7, 2023, which added a second Mandatory Pre-Bid Meeting, changed the Question Deadline, changed the Bid Opening Date, and provided changes to Contact Information and Bid Documents.
g. Addendum No. 1 to the Bid Documents for Demolition / Abatement Job Order Contractor, dated June 7, 2023, which added a second Mandatory Pre-Bid Meeting, changed the Question Deadline, changed the Bid Opening Date, and provided changes to Contact Information and Bid Documents.
h. Addendum No. 2 to the Bid Documents for Demolition / Abatement Job Order Contractor, dated June 29, 2023, which clarified the Bid Documents and provided answers to bidder’s questions.
2. Find the bid proposal from PUB Construction, Inc., in the categories of General Building, General Engineering, Healthcare General Building, and Healthcare General Engineering, to be nonresponsive for failing to include an original bid bond as required in the Bid Documents.
3. Find the bid proposal from Nexville Construction, Inc., in the categories of General Building and Healthcare General Building, to be nonresponsive for failing to meet the minimum requirement of holding no less than two Job Order Contracts or Indefinite Quantity Construction Contracts within the last seven years for General Building, and no less than two Job Order Contracts or Indefinite Quantity Construction Contracts within the last three years with Health Care Access and Information (HCAI) experience for Healthcare General Building, as required in the Bid Documents.
4. Find the bid proposal from Prime Painting Contractors, Inc., in the category of General Building, to be nonresponsive for failure to properly follow the instructions for bid pricing (Zone 2, Adjustment Factor 5 must be 30% higher than Zone 1, Adjustment Factor 1) as required in the Bid Documents.
5. Find the bid proposal from Dalke & Sons Construction, Inc., in the category of General Building, to be nonresponsive for failing to include the Job Order Contract experience form as required in the Bid Documents.
6. Find the bid proposal from Mackone Development Inc., in the category of General Building, to be nonresponsive for failure to properly follow the instructions for bid pricing (Zone 1, Adjustment Factor 4 must be higher than Zone 1, Adjustment Factor 3) as required in the Bid Documents.
7. Find the bid proposal from CSI Services, in the category of General Engineering, to be nonresponsive for failing to meet the minimum requirement of holding no less than two Job Order Contracts or indefinite Quantity Construction Contracts within the last seven years as required in the Bid Documents.
8. Find the bid proposal from GAMA Contracting Services, Inc., in the category of Demolition / Abatement, to be nonresponsive for failing to meet the minimum requirement of holding no less than two Job Order Contracts or Indefinite Quantity Construction Contracts within the last seven years as required in the Bid Documents.
9. Find the proposal from Exbon Development, Inc., in the categories of Healthcare General Building and Healthcare General Engineering, to be nonresponsive for failing to meet the minimum requirement of holding no less than two Job Order Contracts or Indefinite Quantity Construction Contracts within the last three years with Health Care Access and Information (HCAI) experience as required in the Bid Documents.
10. Approve Job Order Contract with Horizons Construction Company International, Inc. in an amount not to exceed $5,700,000, to provide General Building Job Order Contract services throughout the County for the period of September 26, 2023, through September 25, 2024.
11. Approve Job Order Contract with Exbon Development, Inc., in an amount not to exceed $5,700,000, to provide General Building Job Order Contract services throughout the County for the period of September 26, 2023, through September 25, 2024.
12. Approve Job Order Contract with SJD&B, Inc., in an amount not to exceed $5,700,000, to provide General Building Job Order Contract services throughout the County for the period of September 26, 2023, through September 25, 2024.
13. Approve Job Order Contract with Angeles Contractor, Inc., in an amount not to exceed $5,700,000, to provide General Building Job Order Contract services throughout the County for the period of September 26, 2023, through September 25, 2024.
14. Approve Job Order Contract with Vincor Construction, Inc. in an amount not to exceed $5,700,000, to provide General Building Job Order Contract services throughout the County for the period of September 26, 2023, through September 25, 2024.
15. Approve Job Order Contract with New Creation Engineering & Builders Inc. DBA New Creation Builders, in an amount not to exceed $5,700,000, to provide General Building Job Order Contract services throughout the County for the period of September 26, 2023, through September 25, 2024.
16. Approve Job Order Contract with Horizons Construction Company International, Inc. in an amount not to exceed $3,000,000, to provide General Engineering Job Order Contract services throughout the County for the period of September 26, 2023, through September 25, 2024.
17. Approve Job Order Contract with SJD&B, Inc., in an amount not to exceed $3,000,000, to provide General Engineering Job Order Contract services throughout the County for the period of September 26, 2023, through September 25, 2024.
18. Approve Job Order Contract with Angeles Contractor, Inc., in an amount not to exceed $3,000,000, to provide General Engineering Job Order Contract services throughout the County for the period of September 26, 2023, through September 25, 2024.
19. Approve Job Order Contract with Exbon Development, Inc., in an amount not to exceed $3,000,000, to provide General Engineering Job Order Contract services throughout the County for the period of September 26, 2023, through September 25, 2024.
20. Approve Job Order Contract with New Creation Engineering & Builders Inc. DBA New Creation Builders, in an amount not to exceed $3,000,000, to provide General Engineering Job Order Contract services throughout the County for the period of September 26, 2023, through September 25, 2024.
21. Approve Job Order Contract with Los Angeles Air Conditioning, Inc. in an amount not to exceed $3,000,000, to provide Mechanical Job Order Contract services throughout the County for the period of September 26, 2023, through September 25, 2024.
22. Approve Job Order Contract with Athena Engineering Inc., in an amount not to exceed $3,000,000, to provide Mechanical Job Order Contract services throughout the County for the period of September 26, 2023, through September 25, 2024.
23. Approve Job Order Contract with D. Burke Mechanical Corp., in an amount not to exceed $3,000,000, to provide Mechanical Job Order Contract services throughout the County for the period of September 26, 2023, through September 25, 2024.
24. Approve Job Order Contract with MIK Construction, Inc., in an amount not to exceed $5,700,000, to provide Healthcare General Building Job Order Contract services throughout the County for the period of September 26, 2023, through September 25, 2024.
25. Approve Job Order Contract with Angeles Contractor, Inc., in an amount not to exceed $5,700,000, to provide Healthcare General Building Job Order Contract services throughout the County for the period of September 26, 2023, through September 25, 2024.
26. Approve Job Order Contract with Horizons Construction Company International, Inc., in an amount not to exceed $5,700,000, to provide Healthcare General Building Job Order Contract services throughout the County for the period of September 26, 2023 through September 25, 2024.
27. Approve Job Order Contract with Angeles Contractor, Inc., in an amount not to exceed $5,700,000, to provide Healthcare General Engineering Job Order Contract services throughout the County for the period of September 26, 2023, through September 25, 2024.
28. Approve Job Order Contract with Horizons Construction Company International, Inc., in an amount not to exceed $5,700,000, to provide Healthcare General Engineering Job Order Contract services throughout the County for the period of September 26, 2023 through September 25, 2024.
29. Approve Job Order Contract with D. Burke Mechanical Corp., in an amount not to exceed $5,700,000, to provide Healthcare Mechanical Job Order Contract services throughout the County for the period of September 26, 2023, through September 25, 2024.
30. Approve Job Order Contract with Mesa Energy Systems Inc., in an amount not to exceed $5,700,000, to provide Healthcare Mechanical Job Order Contract services throughout the County for the period of September 26, 2023, through September 25, 2024.
(Presenter: Don Day, Director, 387-5000)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Improve County Government Operations.
Operate in a Fiscally-Responsible and Business-Like Manner.
FINANCIAL IMPACT
This item will not result in the use of additional Discretionary General Funding (Net County Cost). These unencumbered contracts will be funded from projects approved as part of the Capital Improvement Program (CIP) or reimbursed from the departments who initiate projects with their own or other funding.
BACKGROUND INFORMATION
Public Contract Code Section 20128.5 authorizes the County to use Job Order Contract (JOC) Services to rapidly engage contractors to perform the repair, renovation, remodeling, or other repetitive work at existing public facilities utilizing a unit price structure. Experience with this process has shown that JOC offers several advantages over traditional procurement methods for construction services which require development of detailed bid documents, advertisement of the project, and procurement of individual project-related construction contracts and approvals. The JOC procurement method results in both time savings and costs savings.
The recommended contracts will allow the Project and Facilities Management Department (PFMD) to continue the savings of time, effort, and cost through the JOC program thereby achieving the County and Chief Executive Officer’s goals and objectives to operate in a fiscally-responsible and business-like manner and improve County government operations.
PROCUREMENT
On May 9, 2023 (Item No. 29), the Board of Supervisors (Board) authorized PFMD to advertise for competitive bids for 10 General Building JOC contracts with a value of $5,700,000 each, five General Engineering JOC Contracts with a value of $3,000,000 each, three Mechanical JOC contracts with a value of $3,000,000 each, three Demolition and Abatement JOC contracts with a value of $5,700,000 each, three Healthcare General Building JOC contracts with a value of $5,700,000 each, two Healthcare General Engineering JOC contracts with a value of $5,700,000 each, and three Healthcare Mechanical JOC contracts with a value of $5,700,000 each. On May 12, 2023, PFMD advertised for bids in the Daily Press, six Plan Rooms, and on San Bernardino County’s Electronic Procurement Network (ePro) in accordance with the County’s formal bidding procedures. On May 31, 2023, 43 contractors attended the mandatory pre-bid meeting. On June 14, 2023, six contractors attended the second mandatory pre-bid meeting.
Bids received are based on the bid adjustment factor, which the contractor will multiply against “pre-priced” unit costs (compiled in a project task catalog), which is part of the contract. In addition, the lowest bid is determined by a formula applied to the eight bid factors submitted, which vary based on the location, time of day, and response time required for the project. The adjustment factor represents all of the contractor’s costs (indirect and direct). Profit is not included in the pre-priced unit costs.
On July 12, 2023, the following 11 bids were received for the General Building JOC:
|
Contractor |
Location |
Bid Factor |
|
Horizons Construction Company International, Inc. |
Orange, CA |
0.7995 |
|
Exbon Development, Inc. |
Garden Grove, CA |
0.8194 |
|
SJD&B, Inc. |
Walnut, CA |
0.8773 |
|
Angeles Contractor, Inc. |
City of Industry, CA |
0.9786 |
|
Vincor Construction, Inc. |
Brea, CA |
1.2765 |
|
New Creation Builders Engineering & Builders Inc. DBA New Creation Builders |
Bellflower, CA |
1.4238 |
|
PUB Construction, Inc. |
Diamond Bar, CA |
0.7999 Nonresponsive |
|
Nexville Construction, Inc. |
Diamond Bar, CA |
0.8000 Nonresponsive |
|
Prime Painting Contractors, Inc. |
Northridge, CA |
0.8855 Nonresponsive |
|
Dalke & Sons Construction, Inc. |
Riverside, CA |
0.9968 Nonresponsive |
|
Mackone Development Inc. |
Los Angeles, CA |
1.5100 Nonresponsive |
PFMD recommends that the Board find the bid proposal of PUB Construction, Inc. (PUB) to be nonresponsive for failure to provide an Original Bid Bond at the time of bid as required in the Bid Documents.
PFMD recommends that the Board find the bid proposal of Nexville Construction, Inc. (Nexville) to be nonresponsive for failure to meet the minimum requirement of holding no less than two Job Order Contracts or Indefinite Quantity Construction Contracts within the last seven years as required in the Bid Documents.
PFMD recommends that the Board find the bid proposal of Prime Paining Contractors, Inc. (Prime) to be nonresponsive for failure to properly follow the instructions for bid pricing (Zone 2, Adjustment Factor 5 must be 30% higher than Zone 1, Adjustment Factor 1) as required in the Bid Documents.
PFMD recommends that the Board find the bid proposal of Dalke & Sons Construction, Inc. (Dalke) to be nonresponsive for failure to include the JOC experience form listing the minimum requirement of holding no less than two Job Order Contracts or Indefinite Quantity Construction Contracts within the last seven years as required in the Bid Documents.
PFMD recommends that the Board find the bid proposal of Mackone Development Inc. (Mackone) to be nonresponsive for failure to properly follow the instructions for bid pricing (Zone 1, Adjustment Factor 4 must be higher than Zone 1, Adjustment Factor 3) as required in the Bid Documents.
On August 22, 2023, PFMD sent notifications of disqualification to PUB, Nexville, Prime, Dalke, and Mackone via electronic mail and the United States Postal Service Certified Mail.
PFMD recommends that the Board award six $5,700,000 unencumbered General Building JOC contracts to Horizons Construction Company International, Inc. (Horizons), Exbon Development, Inc. (Exbon), SJD&B, Inc. (SJD&B), Angeles Contractor, Inc. (Angeles), Vincor Construction, Inc., and New Creation Engineering & Builders Inc. DBA New Creation Builders (New Creation), the lowest responsive and responsible bidders.
On July 12, 2023, the following seven bids were received for the General Engineering JOC:
|
Contractor |
Location |
Bid Factor |
|
Horizons Construction Company International, Inc. |
Orange, CA |
0.7995 |
|
SJD&B, Inc. |
Walnut, CA |
0.8000 |
|
Angeles Contractor, Inc. |
City of Industry, CA |
0.8000 |
|
Exbon Development, Inc. |
Garden Grove, CA |
0.8194 |
|
New Creation Engineering & Builders Inc. DBA New Creation Builders |
Bellflower, CA |
1.4238 |
|
PUB Construction, Inc. |
Diamond Bar, CA |
0.7999 Nonresponsive |
|
CSI Services |
San Pedro, CA |
0.8000 Nonresponsive |
PFMD recommends that the Board find the bid proposal of PUB to be nonresponsive for failure to provide an Original Bid Bond at the time of bid as required in the Bid Documents.
PFMD recommends that the Board find the bid proposal of CSI Services (CSI) to be nonresponsive for failure to meet the minimum requirement of holding no less than two Job Order Contracts or Indefinite Quantity Construction Contracts within the last seven years as required in the Bid Documents.
On August 22, 2023, PFMD sent notification of disqualification to PUB and CSI via electronic mail and the United States Postal Service Certified Mail.
PFMD recommends that the Board award five $3,000,000 unencumbered General Engineering JOC contracts to Horizons, SJD&B, Angeles, Exbon, and New Creation, the lowest responsive and responsible bidders.
On July 12, 2023, the following five bids were received for the Mechanical JOC:
|
Contractor |
Location |
Bid Factor |
|
Los Angeles Air Conditioning, Inc. |
La Verne, CA |
0.9673 |
|
Athena Engineering, Inc. |
San Dimas, CA |
0.9832 |
|
D. Burke Mechanical Corp. |
Norco, CA |
0.9854 |
|
ABM Building Solutions, LLC |
Tustin, CA |
0.9880 |
|
Mesa Energy Systems |
Irvine, CA |
0.9932 |
PFMD recommends that the Board award three $3,000,000 unencumbered Mechanical JOC contracts to Los Angeles Air Conditioning, Inc., Athena Engineering, Inc., and D. Burke Mechanical Corp. (D. Burke), the lowest responsive and responsible bidders.
On July 12, 2023, the following bid was received for the Demolition and Abatement JOC:
|
Contractor |
Location |
Bid Factor |
|
GAMA Contracting Services, Inc. |
South El Monte, CA |
1.3287 Nonresponsive |
PFMD recommends that the Board find the bid proposal of GAMA Contracting Services, Inc. (GAMA) to be nonresponsive for failure to meet the minimum requirement of holding no less than two Job Order Contracts or Indefinite Quantity Construction Contracts within the last seven years as required in the Bid Documents.
On August 22, 2023, PFMD sent notification of disqualification to GAMA via electronic mail and the United States Postal Service Certified Mail.
On July 12, 2023, the following seven bids were received for the Healthcare General Building JOC:
|
Contractor |
Location |
Bid Factor |
|
MIK Construction, Inc. |
Santa Fe Springs, CA |
1.1950 |
|
Angeles Contractor, Inc. |
City of Industry, CA |
1.2240 |
|
Horizons Construction Company International, Inc. |
Orange, CA |
1.3700 |
|
New Creation Engineering & Builders Inc. DBA New Creation Builders |
Bellflower, CA |
1.3990 |
|
PUB Construction, Inc. |
Diamond Bar, CA |
0.8750 Nonresponsive |
|
Exbon Development, Inc. |
Garden Grove, CA |
0.8761 Nonresponsive |
|
Nexville Construction, Inc. |
Diamond Bar, CA |
0.9500 Nonresponsive |
PFMD recommends that the Board find the bid proposal of PUB to be nonresponsive for failure to provide an Original Bid Bond at the time of bid as required in the Bid Documents.
PFMD recommends that the Board find the bid proposal of Exbon to be nonresponsive for failure to meet the minimum requirement of holding no less than two Job Order Contracts or Indefinite Quantity Construction Contracts within the last three years with Health Care Access and Information (HCAI) experience as required in the Bid Documents.
PFMD recommends that the Board find the bid proposal of Nexville to be nonresponsive for failure to meet the minimum requirement of holding no less than two Job Order Contracts or Indefinite Quantity Construction Contracts within the last three years with Health Care Access and Information (HCAI) experience as required in the Bid Documents.
On August 1, 2023, PFMD sent notification of disqualification to PUB, Exbon, and Nexville via electronic mail and the United States Postal Service Certified Mail.
PFMD recommends that the Board award three $5,700,000 unencumbered Healthcare General Building JOC contracts to MIK Construction Inc., Angeles, and Horizons, the lowest responsive and responsible bidders.
On July 12, 2023, the following five bids were received for the Healthcare General Engineering JOC:
|
Contractor |
Location |
Bid Factor |
|
Angeles Contractor, Inc. |
City of Industry, CA |
0.9131 |
|
Horizons Construction Company International, Inc. |
Orange, CA |
1.1100 |
|
New Creation Engineering & Builders Inc. DBA New Creation Builders |
Bellflower, CA |
1.3990 |
|
PUB Construction, Inc. |
Diamond Bar, CA |
0.8750 Nonresponsive |
|
Exbon Development, Inc. |
Garden Grove, CA |
0.8761 Nonresponsive |
PFMD recommends that the Board find the bid proposal of PUB to be nonresponsive for failure to provide an Original Bid Bond at the time of bid as required in the Bid Documents.
PFMD recommends that the Board find the bid proposal of Exbon to be nonresponsive for failure to meet the minimum requirement of holding no less than two Job Order Contracts or Indefinite Quantity Construction Contracts within the last three years with Health Care Access and Information (HCAI) experience as required in the Bid Documents.
On August 22, 2023, PFMD sent notification of disqualification to PUB and Exbon via electronic mail and the United States Postal Service Certified Mail.
PFMD recommends that the Board award two $5,700,000 unencumbered Healthcare General Engineering JOC contracts to Angeles and Horizons, the lowest responsive and responsible bidders.
On July 12, 2023, the following two bids were received for the Healthcare Mechanical JOC:
|
Contractor |
Location |
Bid Factor |
|
D. Burke Mechanical Corp. |
Norco, CA |
1.3020 |
|
Mesa Energy Systems |
Irvine, CA |
1.3771 |
PFMD recommends that the Board award two $5,700,000 unencumbered Healthcare Mechanical JOC contracts to D. Burke and Mesa Energy Systems, the lowest responsive and responsible bidders.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Katherine Hardy, Deputy County Counsel), 387-5455) on August 7, 2023; Purchasing (Leo Gomez, Purchasing Manager, 387-2063) on August 24, 2023; (Robert Gilliam, Chief of Project Management, 387-3072) on August 24, 2023; Finance (Yael Verduzco, Principal Administrative Analyst, 387-5285) on September 12, 2023; and County Finance and Administration (Valerie Clay, Deputy Executive Officer, 387-5423) on September 12, 2023.
(PB: 387-5000)