DEPARTMENT
Infrastructure Division
AGENDA NO.
9f
MEETING DATE
January 11, 2022
APPROVAL:
COMMISSION
SECRETARY
Donna Hood
AGENDA ITEM
Public Utilities Commission
City and County of San Francisco
Construction Closeout: Consent Calendar
Contract Manager: Bryan Dessaure
Approve Closeout for Contract No.WD-2729, Fish Passage Facilities within the Alameda Creek Watershed Project
Summary of
Proposed
Commission Action:
Accept work performed by Shimmick Construction for Water Enterprise, Water System Improvement Program -funded, Contract No. WD-2729, Fish Passage Facilities within the Alameda Creek Watershed Project , for a total contract amount of $43,422,940, and with a total contract duration of 1,991 consecutive calendar days (approximately five y ears and six months); and authorize final payment to the Contractor.
Background: On January 12, 2016 , by Resolution No. 16-0013, this Commission awarded Water Enterprise, Water System Improvement Program funded Contract No.
WD-
2729, Fish Passage Facilities within the Alameda Creek Watershed Project, to Shimmick Construction. The original contract amount was $28,939,300 and the original contract duration was 972 consecutive calendar days.
Description of Scope
of Work:
The c ontract work was located in Sunol, California . The work under thi s contract consisted of:
• Partial demolition of the existing Alameda Creek Diversion Tunnel intake structure;
• Construction of a new diversion structure including an intake manifold, a fish ladder, fish screens, training walls, box culverts, a foundation and drilled piers, sluiceway #3, a debris boom, debris racks, a soldier pile and tieback wall, water control gates, a power system, a Supervisory Control and Data Acquisition system, a communications tower and duct bank, a camera system, and control buildings; and
• Modifications to the existing sluiceway #2 and improvements at four locations to the existing Geary Road, which is the only access to the project site.
Contract: WD-2729, Fish Passage Facilities within the Alameda Creek Watershed Project Commission Meeting Date: January 11, 2022
This project was performed under the Project Labor Agreement (PLA) adopted by the San Francisco Public Utilities Commission (SFPUC).
Changes to the Contract under Modification(s):
Section 6.22(h) of the Administrative Code require s that any cumulative increases in contract amount or duration in excess of 10% of the original contract amount or duration be approved by this Commission.
Modification Nos. 1- 10 increased the contract amount cumulatively by $1,500,602 (within the original 10% contingency), for changes to sluiceways Nos. 1 and 2, bat protection mitigation, the installation of keyways and water stops, the demolition of a section of the existing dam gravity wall, the installation of concrete overlay at the dam gravity wall, and creek bed armoring for the rainy season, for a total revised contract amount of $30,439,902, with no change to the contract duration.
On August 8, 2017, by Resolution No. 17-0175, this Commission approved an increase of $8,608,416 to the contract cost contingency to implement the following scopes of work: installation of additional inclinometers to monitor slope movement, soil nail and soldier pile walls with tie backs to address slope movement, addressing higher than expected subterranean water flow, additional modifications to the existing dam structure, additional storm water pollution prevention plan measures
required to meet permit conditions,
additional bat deterrent mitigation measures, the utilization of geofoam backfill material behind the fish ladder, and mitigation measures for rock fall hazards on hillsides, for a total approved contract amount of up to $40,441,646, with no change to the contract duration contingency.
Modification Nos. 11- 19 increased the contract amount by $5,542,674, for a total revised contract amount of $35,982,576, with no change to the contract duration, which was within the amount authorized by Resolution No. 17-0175.
On August 13, 2019, by Resolution No. 19- 0159, this Commission approved an increase of $4,316,159 to the cost contingency and an increase of 220 consecutive calendar days to the duration contingency for the following additional scopes of work : to address differing site conditions encountered during the construction of the soil nail wall, the installation and extension of the contract landslide stabilization wall, additional automation in hardware and programm
ing, changes to the fall arrest and retrieval system, structural adjustments to support fish screen operations, handrail modifications, the removal of debris from unexpected storms, the addition of ladders and support equipment, and continued biological re
sources monitoring and storm water
management due to the extended project duration, for a total contract amount of up to $44,757,805 and a total contract duration of up to 1,289 consecutive calendar days.
Modification Nos. 20- 22 increased the contract amount by $3,431,635, for a total revised contract value of $39,414,211, with no change to the contract duration, which was within the amount authorized by Resolution No. 19-0159.
Contract: WD-2729, Fish Passage Facilities within the Alameda Creek Watershed Project Commission Meeting Date: January 11, 2022
On April 14, 2020, by Resolution No. 20-0060, this Commission approved an increase of 429 calendar days to the existing contract duration contingency to provide additional time needed to complete the repair of the debris racks and debris rack cleaner systems, for a total revised contract duration of up to 1,718 consecutive calendar days, with no change in contract amount.
On April 13, 2021, by Resolution No. 21-0053, this Commission approved an increase of 273 calendar days to the existing contract duration contingency to provide additional time needed to complete t rouble-
shooting of the local
Photo-Voltaic Power System Integration and to complete the administrative closeout documents, for a total contract duration of up to 1,991 consecutive calendar days, with no change in the contract amount.
Modification No. 23 increased the contract amount by $4,008,729 and, as authorized by Resolutions No. 19- 0159, 20-0060, and 21 -0053 increased the contract duration by 1,019 consecutive calendar days, for a total final contract amount of $43,422,940, and a total final contract duration of 1,991 consecutive calendar days.
Result of Inaction: A delay in closing out this contract will prevent final payment to the contractor.
Budget & Costs: Funding: Project No. CUW37401, Calaveras Dam Replacement Project, which includes the Fish Passage Facilities Within the Alameda Creek Watershed as a sub-project
Original Award Amount: $28,939,300
Modifications Nos. 1-23 Amount: $14,483,640
Total Revised Contract Amount: $43,422,940
Schedule: Notice-to-Proceed Date: April 19, 2016
Original Duration: 972 consecutive calendar days (approximately two years and eight months)
Modifications Nos. 1-23 Duration: 1,019 consecutive calendar days Total Final Contract Duration: 1,991 consecutive calendar days
Compliance With
Chapter 14B: Local
Business Enterprise
And Non-
Discrimination In
Contracting
Ordinance:
The Contract Monitoring Division (CMD) established a Local Business Enterprise (LBE) requirement of 9% for this contract. The contractor committed to a LBE participation of 9.03% with its bid submittal. CMD has determined that the contractor made a good faith effort to comply with its LBE subcontracting requirement by achieving a final LBE participation level of
8.54 % for this contract.
Recommendation: SFPUC staff recommends that the Commission adopt the attached resolution.
Attachments: 1. CMD Memorandum
PUBLIC UTILITIES COMMISSION
City and County of San Francisco
RESOLUTION NO.
WHEREAS, Contractor Shimmick Construction has completed its work for Water Enterprise, Water System Improvement Program (WSIP) -funded Contract No. WD-2729, Fish Passage Facilities within the Alameda Creek Watershed Project; and WHEREAS, On January 12, 2016, by Resolution No. 16-0013, this Commission awarded Contract No. WD-2729, Fish Passage Facilities within the Alameda Creek Watershed Project, in the amount of $28,939,300, to a responsible bidder that submitted the lowest responsive bid, Shimmick Construction; and
WHEREAS, The original contract amount was for $28,939,300 and the original contract duration was 972 consecutive calendar days; and
WHEREAS, The construction contract notice -to-proceed date was April 19, 2016, with an original schedule of 972 consecutive calendar days, and the contractor completed the contract work in 2034 consecutive calendar days on November 12, 2021; and WHEREAS, Section 6.22(h) of the Administrative Code requires Commission approval of any cumulative increase in contract amount or duration in excess of 10% of the original contract amount or duration; and
WHEREAS, Modification Nos. 1- 10 increased the contract amount cumulatively by $1,500,602 (within the original 10% contingency), for changes to sluiceways Nos. 1 and 2, bat protection mitigation, the installation of keyways and water stops, the demolition of a section of the existing dam gravity w all, the installation of concrete overlay at the dam gravity wall, and creek bed armoring for the rainy season, for a total revised contract amount of $30,439,902, with no change to the contract duration; and
WHEREAS, On August 8, 2017, by Resolution No. 17-0175, this Commission approved an increase of $8,608,416 to the contract cost contingency for a total contract amount limit of up to $40,441,646, with no change to the contract duration contingency; and WHEREAS, Modification Nos. 11-19 increased the contract amount by $5,542,674, for a total revised contract amount of $35,982,576, with no change to the contract duration, which was within the amount authorized by Resolution No. 17-0175; and WHEREAS, On August 13, 2019, by Resolution No. 19-0159, this Commission approved an increase of $4,316,159 to the contract cost contingency for a total contract amount limit of up to $44,757,805, and approved an increase of 220 calendar days to the contract duration contingency for total contract duration limit of up to 1,289 consecutive calendar days; and WHEREAS, Modification Nos. 20-22 increas ed the contract amount by $3,431,635, for a total revised contract value of $39,414,211, with no change to the contract duration, which was within the amount authorize by Resolution No. 19-0159; and
WHEREAS, On April 14, 2020, by Resolution No. 20- 0060, this Commission approved an increase of 429 calendar days to the existing contract duration contingency to provide additional time needed to complete the repair of the debris racks and debris rack cleaner systems, for a total contract duration of up to 1,718 consecutive calendar days, with no change in contract amount; and
WHEREAS, On April 13, 2021, by Resolution No. 21- 0053, this Commission approved an increase of 273 calendar d ays to the existing contract duration contingency to provide additional time needed to complete trouble shooting of the local Photo- Voltaic Power System Integration and to complete the administrative closeout documents, for a total contract duration of up to 1,991 consecutive calendar days, with no change in the contract amount; and WHEREAS, Modification No. 23 increas ed the contract amount by $4,008,729 and increased the contract duration by 1,019 consecutive calendar days, which were within the amount and time authorized by Resolution Nos. 19-1059, 20-0060 and 21-0053, for a total final contract amount of $43,422,940, and a total final contract duration of 1,991 cons ecutive calendar days; and
WHEREAS, The Contract Monitoring Division has determined that the contractor made a good faith effort to comply with the Local Business Enterprise (LBE) subcontracting requirement of 9 % for this contract by achieving a final LBE participation of 8.54%; and WHEREAS, Funds are available from Project No. CUW37401 – Calaveras Dam Replacement Project, which includes the Fish Passage Facilities Within the Alameda Creek Watershed as a sub-project; now, therefore, be it
RESOLVED, That this Commission he reby accepts work performed by Shimmick Construction for Water Enterprise, WSIP-funded Contract No. WD-2729, Fish Passage Facilities within the Alameda Creek Watershed Project , for a total contract amount of $43,422,940, and with a total contract duration of 1,991 consecutive calendar days; and authorizes final payment to the contractor.
I hereby certify that the foregoing resolution was adopted by the Public Utilities Commission at its meeting of January 11, 2022.
Secretary, Public Utilities Commission
London N. Breed, Mayor
Carmen Chu, City Administrator
Romulus Asenloo, 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
Date: November 23, 2021
To: Bryan Dessaure, SFPUC
Alisha Reinhardt, SFPUC
From: Kate Svyatets, CMD
Subject: Closeout for WD-2729 – Fish Passage Facilities Within the Alameda Creek Watershed
The Contract Monitoring Division (“CMD”) has determined that Shimmick Construction Company, Inc. (“Shimmick”) has substantially complied with the LBE subcontracting requirements associated with this project.
At the time the project was advertised, CMD established an LBE subcontracting requirement of 9%. The LBE requirement was established below 20%, based on the LBE availability data and a large amount of specialized work and equipment (fish screens, debris racks, VSAT, specialty electrical work, etc.)
Shimmick’s Document 004336 reflected an LBE subcontracting participation of 9.03%. The Prime was awarded the contract in the amount of $28,939,300.00, which was modified by $14,483,639.77 for the total contract amount of $43,422,939.77. Shimmick’s LBE subcontracting participation at closeout is as follows:
Firm Scope of Work LBE Status Original Credited Contract Participation
Final Credited Contract
Participation
Big Valley
Electric Electrical SFPUC LBE-
OBE (Micro) $1,650,000.00 5.702% $1,917,992.00 4.42%
Team EES Environmental
Fencing, partial
SFPUC LBE-
OBE (Micro) $120,000.00 0.415% $115,088.70 0.27%
RES Engineers Quality Control,
partial
SF LBE-MBE
(Micro) $330,000.00 1.140% $619,632.14 1.42%
Tri Valley
Water Trucks
Dust Control,
partial
SFPUC LBE-
WBE (Micro) $250,000.00 0.864% $640,788.40 1.48%
All Steel
Fence Fencing SFPUC LBE-
OBE (Micro) $137,000.00 0.473% $147,132.06 0.34%
Cal-Con
Pumping
Concrete
Pumping
SF LBE-WBE
(Micro) $125,000.00 0.432% $205,855.09 0.47%
Bay Area
Firestop, Inc.
dba BAF
Specialty, Inc.
Metal Building
Insulation
SF LBE-OBE
(Micro) -- -- $9,778.00 0.02%
7 Watertight
Restoration,
Inc.
Air Barrier/
Waterproof
Membrane
SF LBE-OBE
(Micro) -- -- $54,218.00 0.12%
TOTAL $2,612,000.00 9.03% $3,710,484.39 8.54%
Pursuant to communications between the SFPUC and Shimmick, the final LBE subcontracting participation is 0.49% lower than the originally planned level, because the majority of work in the final change orders required Prime-level work and specialty work, with limited availability for LBE subcontracting.
However, per Shimmick/SFPUC, all the LBE subcontractors above were provided the maximum possible available amount of work in their respective scopes on this contract. Thus, the LBE scopes that were requested by the SFPUC on the project resulted in greater participation for several of the LBE subcontractors in their respective disciplines: RES Engineers, Tri Valley Water Trucks, and Cal-Con Pumping.
The Prime Contractor performed good faith outreach to further recover and maximize the LBE subcontracting participation by adding two more LBE subcontractors to the project (Bay Area Firestop, Inc. dba BAF Specialty, Inc. and Watertight Restoration, Inc.)
Based on the foregoing, CMD concurs with the closeout of this contract. Should you have any questions, or if I can be of further assistance, please do not hesitate to contact me at (415) 551-4335.