DEPARTMENT
Infrastructure Division
AGENDA NO.
10a
MEETING DATE
December 13, 2022
APPROVAL:
COMMISSION
SECRETARY
Donna Hood
AGENDA ITEM
Public Utilities Commission
City and County of San Francisco
Construction Award Correction: Consent Calendar
Project Manager: Jignesh Desai
Rescind Prior Award and Issue Corrected Award of Contract No. DB-132, New Treasure Island Wastewater Treatment Plant to PCL Construction, Inc.
Summary of
Proposed
Commission Action:
Rescind prior award of Contract No. DB -132, New Treasure I sland Wastewater Treatment Plant , made by this commission on October 24, 2022, to PCL Construction & Stantec Consulting Services Joint Venture by Resolution No. 22-0189, and issue corrected award to PCL Construction, Inc. in the same amount of $165,032,269, and with the same duration of 1,095 consecutive calendar days ( approximately three years). The Staff Report and award Resolution contained erroneously identified the awardee as PCL Construction & Stantec Consulting Services Joint Venture. The correct name of the awardee i s PCL Construction, Inc. While Stantec Consulting Services Inc. is an integral part of the design-build team, it is not a joint venture partner.
Background: On October 24, 2022, by Resolution No. 22-0189, this Commission considered the California Environmental Quality Act findings and awarded Contact No.
DB-132, New Treasure Island Wastewater Treatment Plant to PCL Construction & Stantec Consulting Services Joint Venture in the a mount of $165,032,269, and with a duration of 1,095 consecutive calendar days (approximately three years).
After contract award, and prior to contract execution, Staff discovered that the October 24, 2022 staff report and Resolution No . 22 -0189 erroneously identified the proposer and award ee as a joint venture. Staff confirms PCL Construction, Inc. is the correct awardee and responsible propos er that submitted the sole qualified, responsive proposal. Stantec Consulting Services Inc. is the lead design subconsultant o f the d esign-build team . All of the findings and resolutions in Resolution No. 22 -0189, except the resolution awarding to the incorrect entity, remain in effect.
Description of Scope
of Work:
The c ontract work location is at Treasure Island, San Franci sco, CA . The contract work will:
• Provide the wastewater treatment and recycled water treatment Contract: DB-132 New Treasure Island Wastewater Treatment Plant Commission Meeting Date: December 13, 2022
requirements of the new TI/YBI development in compliance with performance and design criteria as outlined in RFP;
• Design, Construct and Commission the new wastewater treatment plant for operation by 2026, within awarded price;
• Maximize control of odors to the fence line;
• Optimize life-cycle costs;
• Produce Title 22-compliant water for reuse; and
• Provide flexibility to comply with future regulations.
Funding, Budget, and
Costs:
Funding: Project No. CWP11001, New Treasure Island Wastewater Treatment
Engineer’s Estimate: $158,500,000
Original Bid Proposal: $170,666,415
Negotiated Fixed-Budget Award Amount: $165,032,269
Schedule: Estimated Notice-to-Proceed Date: January 2023 Estimated Completion Date: January 2026
Original Duration: 1,065 consecutive calendar days (9 45 c onsecutive calendar days to Substantial Completion and an additional 120 consecutive calendar days to Final Completion)
Negotiated Contract Duration: 1,095 consecutive calendar days (975 consecutive calendar days to Substantial Completion and an additional 120 consecutive calendar days to Final Completion)
Compliance With
Chapter 14B: Local
Business Enterprise
(LBE) And Non-
Discrimination In
Contracting
Ordinance:
Set: The Contract Monitoring Division (CMD) established a Local Business Enterprise ( LBE) subcontracting requirement of 13% and 15% for the respective design and construction phases for this contract.
Submitted: The contractor committed to a n LBE subcontractor participation of 17.9% and 15.18% for the respective design and construction phases for this contract with its bid submittal.
Environmental
Review:
Completed and previously approved as set forth in Commission Resolution No. 22-0189.
Recommendation: San Francisco Public Utilities Commission (SFPUC) staff recommends that the Commission adopt the attached resolution.
Attachment: 1. SFPUC Resolution 22-0189
Contract: DB-132 New Treasure Island Wastewater Treatment Plant Commission Meeting Date: December 13, 2022
Treasure Island Wastewater Treatment Plant (Existing and Planned)
PUBLIC UTILITIES COMMISSION
City and County of San Francisco
RESOLUTION NO.
WHEREAS, The San Francisco Public Utilities Commission is responsible for the planning, design, and construction of the new Treasure Island wastewater treatment plant; and WHEREAS, On October 24, 2022, by Resolution No. 22-0189, this Commiss ion approved the plans and specifications and , as permitted under San Franc isco Administr ative Code s ection 6.23(c)(3) , awarded Contract No. DB-132, New Treasure Island Wastewater Treatment Plant, in the amount of $165,032,269, and for a duration of 1,095 consecutive calendar days, to PCL Construction & Stantec Consulting Services Joint Venture; and WHEREAS, After contract award, and prior to contract execution, Staff discovered that the awardee under Resolution No. 22-0189 was erroneously identified. The actual proposer and awardee is PCL Constructio n, Inc., the sole qualified, respo nsible proposer that submitted a responsive proposal. PCL Construc tion, Inc. is the principal of the design- build team an d the correct awardee; Stantec Consulting Services Inc., mistakenly identified as a joint venture partner, is the lead design subconsultant of the design-build team under PCL Construction, Inc.; and WHEREAS, All of the findings and res olutions in Resolution No. 22- 0189, including without limitation the findings on environmental review, remain in effect and are incorporated here by reference as if set forth in full, with the sole exception of the idenficiation of the awardee; now, therefore, be it
RESOLVED, That this Commission hereby rescinds the prior award of Contract No. DB- 132, New Tre asure Island Wastew ater Treatment Plant to PCL Con struction & Stantec Consulting Services Joint Venture, and issues a corrected award of Co ntract No. DB -132, New Treasure Island Wastewater Treatment Plant in the amount of $165,032,269, for a dura tion of 1,095 consecutive cal endar days, to the sole qualifi ed, responsible proposer that submitted a responsive proposal, PCL Construction, Inc.
I hereby certify that the foregoing resolution was adopted by the Public Utilities Commission at its meeting of December 13, 2022.
.
Secretary, Public Utilities Commission
PUBLIC UTILITIES COMMISSION
City and County of San Francisco
RESOLUTION NO. 22-0189
WHEREAS, The San Francisco Public Utilities Commission (SFPUC) is responsible for the planning, design, and construction of the new Treasure Island wastewater treatment plant; and
WHEREAS, On December 27, 2021, SFPUC advertised a request for proposals for Contract No. DB-132, New Treasure Island Wastewater Treatment Plant; and WHEREAS, The Engineer's Estimate is $158,500,000 for this construction contract work to design and construct a new wastewater treatment and recycled water facility; and WHEREAS, The contract duration is 1,095 consecutive calendar days; and WHEREAS, On May 24, 2022, SFPUC received and publicly opened two proposals, and WHEREAS, On June 14, 2022, SFPUC issued Preliminary Notice of Proposal Rejection to MWH/Webcor to finding its proposal non-responsive due to a material deviation greater than 110% of the fixed budget limit; and
WHEREAS, In conformance with San Francisco Administrative Code Section 6.23(c)(3), the General Manager has determined that qualifications for bidders were not too onerous, that the non-responsive bid cannot be easily cured, and that rebidding the contract would likely not result in more than one responsive bid by responsible bidders at bid prices substantially lower than the bid price received; and
WHEREAS, On August 23, 2022, by Resolution 22-0147, the SFPUC Commission approved the General Manager's determination under Section 6.23(c)(3) of the San Francisco Administrative Code as set forth in his memorandum dated July 27, 2022 that (1) qualifications for bidders were not too onerous; (2) the non-responsive bid cannot be easily cured; and (3) rebidding the contract would likely not result in more than one responsive bid by responsible bidders at bid prices substantially lower than the bid price received for Contract No. DB-132, New Treasure Island Wastewater Treatment Plant and that doing so would not be in the City's best interest, and authorized the General Manager to negotiate with the responsible bidder that submitted the sole responsive bid and any other qualified contractor, and if negotiations are successful, to return to this Commission for award of such contract; and
WHEREAS, SFPUC staff and Contract Monitoring Division (CMD) review of the bids for qualifications, responsibility, responsiveness, and application of bid preferences resulted in the establishment of PCL Construction & Stantec Consulting Services Joint Venture as the sole qualified, responsible bidder with the lowest responsive bid; and WHEREAS, CMD established a Local Business Enterprise (LBE) subcontracting participation of 13% and 15% for the respective design and construction phases for this contract, and the contractor committed to LBE participation of 17.90% and 15.18% for the respective design and construction phases with its bid submittal; and
WHEREAS, Funds are available from Project No. CWP11001, New Treasure Island Wastewater Treatment; and
WHEREAS, On April 21, 2011, the Planning Commission, and the Treasure Island Redevelopment Authority (TEDA) certified the Final Environmental Impact Report (14EIR) for the Treasure Island/Yerba Buena Island Redevelopment Project, including the new wastewater treatment plant, (Case No. 2007.0903E) prepared pursuant to the California Environmental Quality Act (CEQA) by Motion No. 18325 and by Resolution No. 11-14-04/21, respectively; and WHEREAS, On April 18, 2019 the Planning Department reevaluated the updated wastewater treatment plant project design and concluded that there were no substantial changes to the project or circumstances under which the project would be undertaken, and no new information which was not known at the time of the Final EIR, that would require subsequent or supplemental environmental review; and
WHEREAS, On April 23, 2019, by Resolution No. 19-0082, this Commission approved the Project Delivery Method for Project No. CWP11001, New Treasure Island Wastewater Treatment Plant and adopted the CEQA Findings and Mitigation Monitoring and Reporting Program (MMRP) as required by CEQA; and
WHEREAS, The work under Contract No. DB-132, New Treasure Island Wastewater Treatment Plant is within the scope of the project analyzed under the FEW and CEQA Note to File; and
WHEREAS, The Planning Department is the custodian of records, located in File No. 2007.0903E at 49 South Van Ness Avenue, Suite 1400, San Francisco, California; and WHEREAS, The Project files, including the FEW, CEQA Note to File, Resolution No. 19-0082, CEQA Findings and the MMRP have been made available for review by this Commission and the public, and those files are part of the record before this Commission; and WHEREAS, This Commission has reviewed and considered the information contained in the FEIR, the CEQA Findings contained in Resolution Number 19-0082, the CEQA Note to File, and all written and oral information provided by the Planning Department, the public, relevant public agencies, SFPUC staff and other experts and the administrative files for the Project; now, therefore, be it
RESOLVED, This Commission has reviewed and considered the FEIR and the CEQA Note to File and the record as a whole, finds that the FEIR is adequate for its use as the decision— making body for the Project, and incorporates the CEQA findings contained in Resolution Number 19-0082 by this reference thereto as though set forth in this Resolution; and, be it FURTHER RESOLVED, This Commission further finds that since the FEIR and CEQA Note to File were finalized, there have been no substantial project changes and no substantial changes in project circumstances that would require major revisions to the FEW due to the involvement of new significant environmental effects or an increase in the severity of previously identified significant impacts, and there is no new information of substantial importance that would change the conclusions set forth in the FEIR and CEQA Note to File; and, be it
FURTHER RESOLVED, That this Commission hereby approves the plans and specifications and, as permitted under San Francisco Administrative Code section 6.23(c)(3), awards Contract No. DB-132, New Treasure Island Wastewater Treatment Plant, in the amount of $165,032,269, for a duration of 1,095 consecutive calendar days, to the sole qualified, responsible, and responsive bidder, PCL Construction & Stantec Consulting Services Joint Venture.
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