DEPARTMENT
Infrastructure
AGENDA NO.
10c
MEETING DATE
March 8, 2022
APPROVAL:
COMMISSION
SECRETARY
Donna Hood
AGENDA ITEM
Public Utilities Commission
City and County of San Francisco
Construction Closeout with Modification: Consent Calendar Project Manager: Mary Tienken
Accept Closeout with Modifications for Contract No. Contract No. WW-627R, Baker Beach Green Streets
Summary of
Proposed
Commission
Action:
Accept work performed by Minerva Construction, Inc. under Contract No. WW- 627R; approve Modification No. 6 (Final), decreasing the contract by $2,567, for a total contract amount of $8,330,937, and increasing the contract duration by 219 consecutive calendar days to allow for the completion of additional planting and erosion work and to address delays resulting from the impact of the COVID- 19 pandemic , for a total contract duration of 902 consecutive calendar days (approximately two years and six months); and authorize final payment to the contractor.
Background: On September 25, 2018, by Resolution No. 18-0157, this San Francisco Public Utilities Commission (SFPUC) awarded Contract No. WW-627R, Baker Beach Green Streets, to Minerva Construction, Inc. The original contract amount was $7,122,000 and the original contract duration was 530 consecutive calendar days.
Description of
Scope of Work:
Contractor performed the contract work in San Francisco, California, on Seacliff Avenue between 25 th Avenue and 26 th Avenue, 25th Avenue North Cul -de-Sac and El Camino del Mar between 32 nd Avenue and 34 th Avenue. The contract work consisted of:
• Green infrastructure including 6,400 square feet of permeable paving and 19 bioretention planters;
• 800 LF of ductile iron pipe;
• 410 linear feet of VCP sewer pipe;
• 5,300 square feet of AC pavement restoration; and
• Slope stabilization and landscaping work.
This project fell under the SFPUC Project Labor Agreement.
Contract
Modifications:
Changes to the Contract under Modification(s):
Contract: Contract No. WW-627R, Baker Beach Green Streets Commission Meeting Date: March 8, 2022
Section 6.22(h) of the Administrative Code requires 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.
On July 14, 2020, by Resolution No. 20-0145, this Commission approved an increase of $500,000 to the existing contract cost contingency and an increase of 100 consecutive calendar days to the existing contract duration contingency for a total cost contingency of $1,212,200, and a total duration contingency of 153 consecutive calendar days, for a total contract amount of up to $8,334,200, with a total contract duration of up to 683 consecutive calendar days.
Modifications Nos. 1 through 5: Between February 26, 2019 and March 31, 2021, under authority granted by Resolution No. 20-0145, the Construction Management Bureau (CMB) Manager issued Modification Nos. 1 through 5, which cumulatively increased the contract amount by $1,211,504 and increased the contract duration by 153 consecutive calendar days , for a total contract amount of $8,333,504, and a total contract duration of 683 consecutive calendar days, to authorize payment and time necessary for the Contractor to perform the following additional items of work:
• purchase and install native plants from the Golden Gate National Recreation Area Nursery;
• install temporary golf cart paths in Lincoln Park;
• remove an abandoned monitoring well;
• resolve unforeseen utility conflicts;
• perform additional survey work;
• perform additional clay duct bank work;
• remove trees;
• add gutter and paving between Nodes 3 and 4;
• replace trench drain with bubblers; and
• address gutter and structural concrete bid item overruns.
Modification No. 6 (Final): The CMB Manager requests Commission approval of Modification No. 6 for Work completed on July 12, 2021, to close out the Contract, decreasing the contract by $2,567 and increasing in the contract duration by 219 consecutive calendar days, during which the Contractor performed supplemental planting on Sea Cliff Ave., addressed erosion issues on El Camino del Mar, and completed punch list work delayed by the impacts of the COVID-19 pandemic, for a total contract amount of $8,330,937 and a total contract duration of 902 consecutive calendar days.
Result of Inaction: A delay in closing out this contract will delay final payment to the contractor.
Budget & Costs: Funding Source: Wastewater Enterprise Sewer System Improvement Program
Project No.: CWWSIPFCDB05 (FSP No. 10026809) - Richmond Green Infrastructure
Original Award Amount: $7,122,000
Modification Nos. 1 to 5 Amount: $1,211,504
Contract: Contract No. WW-627R, Baker Beach Green Streets Commission Meeting Date: March 8, 2022
Modification No. 6 (Final) Amount: ($2,567)
Total Revised Contract Amount: $8,330,937
Schedule: Notice-to-Proceed Date: January 10, 2019
Original Duration: 530 consecutive calendar days
Modification Nos. 1 to 5 Duration: 153 consecutive calendar days Modification No. 6 (Final) Duration: 219 consecutive calendar days Total Revised Contract Duration: 902 consecutive calendar days
Compliance With
Chapter 14B:
Local Business
Enterprise
Utilization And
Non-
Discrimination In
Contracting
Ordinance:
The Contract Monitoring Division (CMD) established a Local Business Enterprise (LBE) goal of 20% for this contract. The contractor committed to a LBE participation of 20.49% 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 of 18.49% for this contract.
Recommendation: SFPUC staff recommends that the Commission adopt the attached resolution.
Attachments: 1. CMD Memorandum
Contract: Contract No. WW-627R, Baker Beach Green Streets Commission Meeting Date: March 8, 2022
LOCATION MAP – Richmond District, San Francisco
PUBLIC UTILITIES COMMISSION
City and County of San Francisco
RESOLUTION NO.
WHEREAS, Contractor Minerva Construction, Inc. has completed its work under Contract No. WW-627R, Baker Beach Green Streets; and
WHEREAS, The Wastewater Enterprise Sewer System Improvement Program has provided the funding for Contract No. WW-627R; and
WHEREAS, On September 25, 2018, by Resolution No. 18-0157, this Commission awarded Contract No. Contract No. WW -627R, Baker Beach Green Streets , in the amount of $7,122,000 to the responsible bidder that submitted the lowest responsive bid, Minerva Construction, Inc.; and
WHEREAS, The construction contract notice-to-proceed date was January 10, 2019, with an original schedule of 530 consecutive calendar days, and the contractor completed the contract work in 905 consecutive calendar days on July 12, 2021; and WHEREAS, The original contract amount was for $7,122,000 and the original contract duration was 530 consecutive calendar days; and
WHEREAS, Section 6.22(h) of the Administrative Code requires that any cumulative increases in contract amount or duration in excess of 10% of the original contract amount or duration be approved by the Commission; and
WHEREAS, On July 14, 2020, by Resolution No. 20-0145, this Commission approved an increase of $500,000 to the existing contract cost contingency for a total of $1,212,200 cost contingency and an increase of 100 consecutive calendar days to the existing contract duration contingency, for a total of 153 consecutive calendar days contingency; and WHEREAS, Modifications Nos. 1 through 5 increased the contract amount by $1,211,504 and increased the contract duration by 153 consecutive calendar days to provide for the following additional items of work: (1) purchase and install native plants from the Golden Gate National Recreation Area Nursery ; (2) install temporary golf cart paths in Lincoln Park: (3) remove an abandoned monitoring well; (4) resolve unforeseen utility conflicts; (5) perform additional survey work; (6) perform additional clay duct bank work; (7) remove trees: (8) add gutter and paving between Nodes 3 and 4; (9) replace trench drain with bubblers; and (10) provide additional quantities of gutter and structural concrete in excess of the estimated quantities that SFPUC specified in the bid documents ids, for a total contract amount of $8,333,504, and a total contra ct duration of 683 consecutive calendar days; and
WHEREAS, Staff requests Commission approval of Modification No. 6 (Final) to decrease the contract amount by $2,567, and increase the contract duration by 219 consecutive calendar days, during which the Contractor performed supplemental planting on Sea Cliff Ave, address ed erosion issues on El Camino del Mar, and completed punch list work that was delayed by COVID- 19, for a total contract amount of $8,330,937 and a total contract duration of 902 consecutive calendar days; and
WHEREAS, The Contract Monitoring Division has determined that the contractor has made a good faith effort to comply with the Local Business Enterprise (LBE) subcontracting goals of 20% for this contract by achieving a final LBE participation of 18.49%; and WHEREAS, Funds are available from Project No. CWWSIPFCDB05 (FSP No. 10026809) Richmond Green Infrastructure; now, therefore, be it
RESOLVED, That this Commission hereby accepts work performed by Minerva Construction, Inc. for Wastewater Enterprise Sewer System Improvement Program -funded Contract No. Contract No. WW-627R, Baker Beach Green Streets ; approves Modification No. 6 (Final), decreasing the contract by $2,567, for a total contract amount of $8,330,937, and increasing the contract duration by 219 consecutive calendar days, for a total contract duration of 902 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 March 8, 2022.
Secretary, Public Utilities Commission
London N. Breed, Mayor
Carmen Chu, City Administrator
Romulus Asenloo, Director
1155 Market Street, 4th Floor, San Francisco, CA 9410
Telephone (415) 581-2310 Fax (415) 581-2351
CONTRACT MONITORING DIVISION
CITY ADMINISTRATOR’S OFFICE
MEMORANDUM
Date: December 13, 2021
To: Mary Tienken, SFPUC
From: Linda Rainaldi, CMD
Subject: WW-627R Baker Beach Green Streets – CMD Closeout Memo
The Contract Monitoring Division (“CMD”) determined that Minerva Construction (“Minerva”), the prime contractor for this project, substantially complied with the LBE subcontracting requirements associated with this project.
At the time the project was advertised, an LBE subcontracting requirement of 20% was established.
Minerva’s Subcontractor List (Document 00 43 46) reflected an LBE subcontractor participation commitment of 20.49%. Minerva was awarded the contract in the amount of $7,122,000.0. After 6 change orders, the final contract amount is $8,330,936.48. At closeout, the LBE subcontracting participation is as follows:
Subcontractor Status Scope of Work Original Credited
Contract Participation
Final Credited
Contract Participation
Esquivel Grading
& Paving
SF LBE-
MBE
Asphalt Grinding
& Paving $268,570.00 3.77% $330,092.60 3.96%
Capax SF LBE-
WBE
Landscape &
Irrigation
(Partial)
$215,440.00 3.02% $187,866.94 2.26%
Fontenoy
Engineering
SF LBE-
OBE
Utilities &
Excavation $976,150.00 13.70% $728,517.00 8.74%
Arborist Now* SF LBE-
OBE
Tree Felling &
Stump Grinding -- --- $18,730.00 0.25%
Catmex* SF LBE-
MBE Planting -- --- $87,646.51 1.05%
Citywide Fibers* SF LBE-
WBE Debris Removal -- --- $13,912.23 0.17%
DLD Lumber* SF LBE-
MBE Wood Forms -- --- $1,727.16 0.00%
Meridian
Surveying
Engineering*
SF LBE-
OBE Surveying -- --- $14,600.00 0.18%
On the Level* SF LBE-
MBE
Concrete ADA
Ramps -- --- $67,923.46 0.82%
Ronan
Construction*
SF LBE-
OBE
Sawcutting and
Traffic Control
Partial
-- --- $2,000.00 0.00%
Rogers Trucks* SF LBE-
WBE Trucking/Hauling -- --- $88,199.00 1.06%
TOTAL $1,476,010.00 20.49% $1,541,216.90 18.49%
* Represents an LBE firm who was not originally listed at the time of bid and was added to the project post-award.
Per the subcontractor, Capax’s, CMD Form 8 the shortfall at the time of closeout is due to their lack of resources to complete the originally contracted scope of work. Per the Prime, the subcontractor was utilized to the fullest extent possible.
Per the Prime as confirmed by the SFPUC, Fotenoy’s shortfall in participation was due deductive change orders and project delays. Per the Prime, Fotenoy was used to the fullest extent possible.
As a measure of good faith, Minerva also added several LBE subcontractors post-award in an effort to meet the originally committed LBE participation percentage.
Based on the foregoing, CMD concurs with the closeout of this contract.