DEPARTMENT
Infrastructure
AGENDA NO.
11f
MEETING DATE
October 24, 2022
APPROVAL:
COMMISSION
SECRETARY
Donna Hood
AGENDA ITEM
Public Utilities Commission
City and County of San Francisco
Construction Closeout: Consent Calendar
Contract Manager: Carman Luk
Accept Closeout for Contract No.WW-696, Cargo Way Flush Line
Summary of
Proposed
Commission Action:
Accept work performed by JMB Construction Inc., for Contract No. WW-696, Cargo Way Flush Line , for a total contract amount of $4,671,834, and with a total contract duration of 652 consecutive calendar days (approximately one year and 10 months); and authorize final payment to the Contractor.
Background: The project involved construction of a new 14 -inch force main, which will convey effluent water from the Islais Creek Booster Pump Station to the Cargo Way sewers. During construction of the force main, the contractor encountered oil and groundwater contamination, which required
additional time for
handling and disposal. In addition, a custom -made valve for the connection at the Islais Creek Booster Pump Station took longer than planned for delivery.
The contract therefore required an extension to the contract duration to complete the scope of work.
On February 25, 2020, by Resolution No. 20-0043, this Commission award ed Wastewater Enterprise Contract No. WW-696, Cargo Way Flush Line, to JMB Construction Inc. The original contract amount was $4,486,280 and the original contract duration was 400 consecutive calendar days.
Description of Scope
of Work:
The contract work was located along Third Street, between Cargo Way and Custer Avenue, and along Cargo Way between Mendell Street and Third Street. The work under this contract consisted of:
• Open-cut installation of approximately 1,530 linear feet of new 14-inch diameter high density polyethylene (HDPE) force main;
• Trenchless installation of approximately 200 linear feet of new 14- inch diameter HDPE force main (with new concrete collars encasements) inside existing sewer infrastructures located under Third Street and the Third Street Lightrail; and
• Installation of new 10- inch diameter and 12 -inch diameter steel pipe inside the Islais Creek Booster Pump Station and associated mechanical equipment.
This project fell under the Project Labor Agreement (PLA) adopted by the San Contract: WW-696, Cargo Way Flush Line
Commission Meeting Date: October 24, 2022
Francisco Public Utilities Commission (SFPUC).
Changes to the
Contract under
Modification(s):
On March 9, 2021, by Resolution No. 21-0038, this Commission approved an increase to the duration contingency in the amount of 96 calendar days for a total revised contract duration up to 536 consecutive calendar days.
Modification Nos. 1 to 5 increased the contract amount by $75,284 (within the original contingency) and increased the contract duration by 116 consecutive calendar days , in accordance with Resolution 21- 0038, to adjust sewer and manhole locations and depth based on differential field conditions and to provide additional dry weather season only work due to COVID -19 delays, for a total contract amount of $4,561,564, and a total contract duration of 516 consecutive calendar days.
On December 14, 2021, by Resolution No. 21- 0187, this Commission approved an increase to the duration contingency in the amount of 180 calendar days for a total revised contract duration up to 716 consecutive calendar days.
Modification Nos. 6 to 12 increased the contract amount by $110,270 (within the original contingency) and increased the contract duration by 136 consecutive calendar days , in accordance with Resolution 21- 0187, due to unforeseen field conditions including the handling of contaminated soil and groundwater encountered during construction, design changes, and to procure a custom -made valve, for a total contract amount of $4,671,834 , and a total contract duration of 652 consecutive calendar days.
Budget & Costs: Funding: SSIP Project No. CWWSIPCSSR11, Cargo Way Box Sewer Odor Reduction
Original Award Amount: $4,486,280
Modification Nos. 1 to 12 Amount: $185,554
Total Revised Contract Amount: $4,671,834
Schedule: Notice-to-Proceed Date: July 14, 2020
Original Duration : 400 consecutive calendar days (approximately one year and one month)
Modification Nos. 1 to 12 Duration: 252 consecutive calendar days Total Revised Contract Duration: 652 consecutive calendar days
Compliance With
Chapter 14B: Local
Business Enterprise
And Non-
Discrimination In
Contracting
Ordinance:
The Contract Monitoring Division (CMD) established a 20% Local Business Enterprise (LBE) goal for this contract. The contractor committed to a 22.33% LBE participation with its bid submittal. CMD determined that the contractor made a good faith effort to comply with its LBE subcontracting requirement by achieving a final LBE participation of 21.8 % for this contract.
Recommendation: San Franci sco Public Utilities Commission ( SFPUC) staff recommends that Contract: WW-696, Cargo Way Flush Line
Commission Meeting Date: October 24, 2022
the Commission adopt the attached resolution.
Attachments: 1. CMD Memorandum
Contract: WW-696, Cargo Way Flush Line
Commission Meeting Date: October 24, 2022
PUBLIC UTILITIES COMMISSION
City and County of San Francisco
RESOLUTION NO.
WHEREAS, The San Francisco Public Utilities Commission is constructing a new flush line from the Islais Creek Booster Pump Station to bring effluent flows to improve operational flexibility and to alleviate odor from the project vicinity; and WHEREAS, Contractor JMB Construction Inc. has completed its work for SSIP- funded Contract No. WW-696, Cargo Way Flush Line; and
WHEREAS, On February 25, 2020, by Resolution No. 20- 0043, this Commission awarded Contract No. WW-696, Cargo Way Flush Line , in the amount of $4,486,280, to the responsible bidder with the lowest responsive bid, JMB Construction Inc.; and WHEREAS, On July 14, 2020 SFPUC issued t he construction contract Notice To Proceed with an original schedule of 400 consecutive calendar days , and the contractor completed the work in 652 consecutive calendar days on April 26, 2022; and WHEREAS, The original contract amount was for $4,486,280 and the original contract duration was 400 consecutive calendar days; and
WHEREAS, On March 9, 2021, by Resolution No. 21-0038, this Commission approved an increase of 96 calendar days to the contract duration contingency for a total contract duration of up to 536 calendar days; and
WHEREAS, Modification Nos. 1 to 5 increased the contract amount by $75,284 to adjust sewer and manhole locations and depth based on differential field conditions increasi ng the total contract amount to $4,561,564, and increasing the contract duration by 116 consecutive calendar days, in accordance with Resolution 21-0038, to provide additional dry weather season work due to COVID-19 delays, for a total contract duration of 516 consecutive calendar days; and WHEREAS, On December 14, 2021, by Resolution No. 21- 0187, this Commission approved an increase to the duration contingency in the amount of 180 calendar days for a total contract duration up to 716 consecutive calendar days; and WHEREAS, Modification Nos. 6 to 12 increased the contract amount by $110,270 for unforeseen field conditions and design changes, increasing the total contract amount to $4,671,834, and increasing the contract duration by 136 consecutive calendar days , in accordance with Resolution 21- 0187, due to unforeseen field conditions including the handling of contaminated soil and groundwater encountered during construction, design changes, and to procure a custom-made valve, for a total contract duration of 652 consecutive 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 20 % for this contract by achieving a final LBE participation of 21.8%; and WHEREAS, Funds are available from Project No. CWWSIPCSSR11 – Cargo Way Box Sewer Odor Reduction; now, therefore, be it
RESOLVED, That this Commission he reby accepts work performed by JMB Construction Inc. for SSIP-funded Contract No. WW-696, Cargo Way Flush Line , for a total contract amount of $4,671,834, and with a total contract duration of 652 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 October 24, 2022.
Secretary, Public Utilities Commission
Edwin M. Lee, Mayor
Naomi M. Kelly, City Administrator
Maria Cordero, Executive Director
25 Van Ness Avenue, Suite 800, San Francisco, CA 94102 Telephone (415) 252-2504; Fax (415) 431-5764
GENERAL SERVICES AGENCY
CONTRACT MONITORING DIVISION
MEMORANDUM
Date: September 23, 2022
To: Carman Luk, SFPUC
Joseph Liu, SFPUC
From: Jason Chow, CMD
Subject: CMD’s Closeout Review for WW-696 Cargo Way Flush Line
The Contract Monitoring Division (“CMD”) has determined that JMB Construction, Inc. (“JMB”), the prime contractor for this project, has complied with the Chapter 14B LBE subcontracting requirements associated with this project.
At the time the project was advertised, an LBE subcontracting requirement of 20% was established.
JMB’s Subcontractor List (Document 00 43 36) reflected an LBE subcontractor participation commitment of 22.33%. JMB was awarded the contract in the amount of $4,486,280.00. After 12 change orders, the final contract amount is $4,671,833.10. At closeout, the LBE subcontracting participation is as follows:
Firm Status Scope of Work Original Credited
Contract Participation
Final Credited
Contract Participation
CMC Traffic
Control
Specialists
SF LBE- WBE
(Small)
Traffic Control
(Partial) $75,000.00 1.67% $102,144.50 2.19%
RK
Engineering,
Inc
SF LBE- OBE
(Micro)
Concrete Flatwork &
Concrete Streetbase
(For SW-13 Sewer)
$228,700.00 5.10% $174,188.46 3.73%
Bay Tech
Engineering,
Inc.
SF LBE- MBE
(Micro)
Electrical &
Instrumentation $117,900.00 2.63% $120,473.64 2.58%
Roadway
Construction,
Inc
SF LBE- MBE
(Micro) AC Mill and Fill $197,000.00 4.39% $211,543.00 4.53% Fontenoy
Engineering,
Inc.
SF LBE- OBE
(Small)
Manholes &
Structural Work
(partial)
$352,253.00 7.85% $379,083.59 8.11%
Alta
Engineering
Group, Inc.
SF LBE- WBE
(Small) Reinforcing Steel $30,940.00 0.69% $30,940.00 0.66% TOTAL $1,001,793.00 22.33%
$1,018,373.19 21.80%
At closeout, JMB is short of its original overall LBE subcontracting participation commitment on this contract (referenced in the above table). This is primarily due to RK Engineering not receiving its percentage listed at the time of proposal. In CMD’s communication with JMB, JMB stated, in part “…As it was a conflict schedule issue, they did not have the staff to perform this portion at the time we needed it performed.” JMB also added in part “RK agreed to the revised amount…” The correspondence between JMB and RK Engineering regarding this matter/CMD Form 8, signed by RK Engineering acknowledging its concurrence with the revised subcontract amount was provided to CMD.
To maximize LBE subconsultant participation on this project, JMB reallocated most of RK Engineering’s portion of work that they elected not to perform to two (2) other listed LBE firms on its team; Fontenoy Engineering and CMC Traffic Control. Both firms’ total percentage received at closeout exceeded its percentage committed at time of proposal (also referenced in the table above). However, due to the nature of reallocating RK Engineering’s scope of work, JMB did perform a miniscule amount—the onsite management portion to provide oversight on the work that was split between the two other listed LBE firms. The SFPUC did confirm that the action taken/work performed by JMB is appropriate given the circumstances that occurred. To this end, JMB demonstrated 1) It provided the maximum possible available amount of work to its listed LBE subconsultants in their respective scopes of service, and 2) The LBE subconsultants were all utilized to the full extent possible on this contract.
Based on the foregoing, CMD concurs with the closeout of this contract.