DEPARTMENT Infrastructure AGENDA NO. 6f
MEETING DATE May 9, 2023
APPROVAL:
COMMISSION
SECRETARY Donna Hood
AGENDA ITEM
Public Utilities Commission
City and County of San Francisco
Construction Closeout: Consent Calendar
Contract Manager: Ming Yee
Accept Closeout for Contract No.WW-712, New Montgomery, Jessie, Minna, and Mission Street Brick Sewer Rehabilitation
Summary of
Proposed
Commission Action:
Accept work performed by D’Arcy & Harty Construction, Inc for Contract No. WW-712, New Montgomery, Jessie, Minna, and Mission Street Brick Sewer Rehabilitation , for a total contract amount of $6,891,778, and with a total contract duration of 570 consecutive calendar days (approximately one year and seven months); and authorize final payment to the contractor.
Background: The purpose of this project is to rehabilitate sewers that are over 100 -years old and identified to be at a high- risk of failure based on data from the San Francisco Public Utilities Commission (SFPUC) Condition System Assessment Management Pr ogram. The project team further confirmed the need for structural rehabilitation by closed-circuit televised videos of the sewers that showed missing bricks and mortar.
On May 11 2021, by Resolution No. 21-0075, the Commission awarded Contract No. WW- 712, New Montgomery, Jessie, Minna, and Mission Street Brick Sewer Rehabilitation, to D’Arcy & Harty Construction, Inc. (Contractor) The original contract amount was $4,888,750 and the original contract duration was 390 consecutive calendar days.
While this contract was underway, staff identified deteriorated sewers north of Market Street and in the vicinity of the Better Market Street (BMS) Phase 1 contract led by San Francisco Public Works and the San Francisco Municipal Transportation Agency. Th
erefore, the risk of failure for these sewers
increased due to their proximity to BMS Phase 1 construction, which has a construction duration of over 600 calendar days with an anticipated start date in April 2022 and end date in November 2023, which would prevent SFPUC from accessing these aging sewers until BMS construction is completed. In Spring 2021, SFPUC staff proposed adding the rehabilitation of those sewers to the Better Market Street (BMS) Phase 1 contract to mitigate the increased risk of failure . Unfortunately, by late 2021, various constraints of the BMS Contract: WW-712, New Montgomery, Jessie, Minna, and Mission Street Brick Sewer Rehabilitation Commission Meeting Date: May 9, 2023
Phase 1 contract did not allow the sewer work to be included.
Subsequently, given the urgency of the contemporaneous BMS project, staff recommended adding the proximate sewers to the scope of this contract, WW- 712. The location of the sewers in proximity to the BMS project is approximately one mile from the original scope of the contract, but the type and age of sewer (brick and mortar) and nature of the repair work are the same.
WW-712 is loc
ated within the vicinity of Mission Street, between New Montgomery and Howard Streets. The additional scope of work is located north of Market Street, between Mason and Jones Street and specifically on:
Mason Street, between Market and Eddy Streets; on Tur
k Street, between
Taylor and Mason Streets; on Golden Gate Ave, between Jones and Taylor Streets; and on Jones Street, between McAllister Street and Golden Gate Ave.
SFPUC added t he additional scope of work to WW -712 on February 8, 2022, by Resolution No. 22- 0025 and the Contractor completed the sewer rehabilitation work before the BMS Phase 1 contract began construction work in the vicinity of these sewers.
Description of Scope
of Work:
The contract work was centrally located in the following locations:
New Montgomery
• New Montgomery Street, between Market and Howard Streets; • Jessie Street, between 2nd and 3rd Streets;
• Minna Street, between 2nd and 3rd Streets; and
• Mission Street, between 2nd and 3rd Streets.
Tenderloin District
• Mason Street, between Eddy and Market Streets;
• Turk Street, between Mason and Taylor Streets;
• Golden Gate Avenue, between Taylor and Jones Streets; and • Jones Street, between Golden Gate Avenue and McAllister Street.
The work under this contract consisted of:
• Rehabilitation of existing brick sewers (using cured- in-place-liners or spray-mortaring construction methods);
• Replacement of sewer laterals and associated appurtenances; • Rehabilitation of existing sewer manholes and installation of new sewer manholes;
• Pavement, roadway, and other restoration after sewer work is completed; and
• Other appurtenances associated with the above sewer work.
This project fell under the SFPUC Project Labor Agreement (PLA).
Changes to the
Contract under
Modification(s):
On February 8, 2022, by Resolution No. 22-0025, the Commission approved an increase to the cost contingency in the amount of $2,250,000 for a total revised contract amount of up to $7,627,625, and an increase to the duration contingency in the amount of 180 calendar days for a total revised contract Contract: WW-712, New Montgomery, Jessie, Minna, and Mission Street Brick Sewer Rehabilitation Commission Meeting Date: May 9, 2023
duration up to 609 consecutive calendar days.
Modification Nos. 1 to 5 increased the contract amount by $2,003,028, and increased the contract duration by 180 consecutive calendar days, in accordance with Resolution 22-0025, to implement sewer rehabilitation work at the additional locations in the Tenderloin district, additional sewer cleaning needed, and reconciled contract amount quantities to match actual quantities, for a total contract amount of $6,891,778, and a total contract duration of 570 consecutive calendar days.
Budget & Costs: Funding: Project No. 10034718, Large Sewer Condition Assessment and Improvements
Original Award Amount: $4,888,750
Modification Nos. 1 to 5 Amount: $ 2,003,028
Total Revised Contract Amount: $6,891,778
Schedule: Notice-to-Proceed Date: August 30, 2021
Original Duration: 390 consecutive calendar days (approximately one year and one month)
Modification Nos. 1 to 5 Duration: 180 consecutive calendar days Total Revised Contract Duration: 570 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) goal of 6.0% for this contract. The contractor committed to LBE participation of 6.99% with its bid submittal. The CMD has determined that the contractor complied with its LBE subcontracting goal by achieving a final LBE participation of 8.32%.
Attachments: 1. CMD Memorandum
Contract: WW-712, New Montgomery, Jessie, Minna, and Mission Street Brick Sewer Rehabilitation Commission Meeting Date: May 9, 2023
PUBLIC UTILITIES COMMISSION
City and County of San Francisco
RESOLUTION NO.
WHEREAS, The San Francisco Public Utilities Commission (SFPUC) is continually replacing and upgrading century old sewers; and
WHEREAS, On May 11 2021, by Resolution No. 21- 0075, this Commission awarded Contract No. WW-712, New Montgomery, Jessie, Minna, and Mission Street Brick Sewer Rehabilitation , in the amount of $4,888,750, to the responsible bidder that submitted the lowest responsive bid, D’Arcy & Harty Construction, Inc; and
WHEREAS, The construction contract notice-to-proceed date was set for August 30, 2021, with an original schedule of 390 consecutive calendar days and the contractor completed the work in 570 consecutive calendar days on March 22, 2023; and
WHEREAS, The original contract amount was for $4,888,750 and the original contract duration was 390 consecutive calendar days; and
WHEREAS, On February 8, 2022, by Resolution No. 22- 0025, this Commission approved an increase of $ 2,250,000 to the contract amount contingency for a total contract amount of up to $7,627,625, and an increase of 180 calendar days to the contract duration contingency for a total contract duration of up to 609 consecutive calendar days; and WHEREAS, Modification Nos. 1 to 5 increased the contract amount by $2,003,028 and increased the contract duration by 180 consecutive calendar days, in accordance with Resolution 22- 0025, to implement sewer rehabilitation work at additional locations in the Tenderloin district, additional sewer cleaning, and reconciled contract amount quantities to match actual; and WHEREAS, Contractor D’Arcy & Harty Construction, Inc . has completed its work under Contract No. WW-712, New Montgomery, Jessie, Minna, and Mission Str eet Brick Sewer Rehabilitation; and
WHEREAS, The Contract Monitoring Division has determined that the contractor complied with the established Local Business Enterprise (LBE) subcontracting goal of 6.0% for this contract by achieving a final LBE participation of 8.32%; and
WHEREAS, Funds are available from Project No. 10034718 – Large Sewer Condition Assessment and Improvements; now, therefore, be it
RESOLVED, That this Commission he reby accepts work performed by D’Arcy & Harty Construction, Inc under Contract No. WW-712, New Montgomery, Jessie, Minna, and Mission Street Brick Sewer Rehabilitation , for a total contract amount of $6,891,778, and with a total contract duration of 570 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 May 9, 2023.
Secretary, Public Utilities Commission
London N. Breed, Mayor
Carmen Chu, City Administrator
Stephanie Tang, Director
25 Van Ness Avenue, Suite 800, San Francisco, CA 94102 Telephone (415) 252-2504; Fax (415) 431-5764
CONTRACT MONITORING DIVISION
OFFICE OF THE CITY ADMINISTRATOR
MEMORANDUM
Date: March 10, 2023
To: Ming Yee, SFPUC
From: Jason Chow, CMD
Subject: CMD’s Closeout Review for WW-712 New Montgomery, Jessie, Minna, and Mission Streets Brick Sewer Rehabilitation
The Contract Monitoring Division (“CMD”) has determined that D’Arcy & Harty Construction Inc. (“D’Arcy & Harty”), 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 requi rement of 6% was established.
D’Arcy & Harty’s Subcontractor List (Document 00 43 36) reflected an LBE subcontractor participation commitment of 6.99%. D’Arcy & Harty was awarded the contract in the amount of $4,888,750. After eight (8) total change orders , the final contract amount is $6,891,778.10. At closeout, the LBE subcontracting participation is as follows:
Firm Status Scope of Work
Original Credited
Contract
Participation
Final Credited
Contract Participation
Cobra
Trucking
SF LBE- MBE
(Small) Trucking $50,000 1.02% $102,299.50 1.48%
Sullivan’s
Concrete
Sawing
SF LBE- OBE
(Micro Saw cutting $30,000 0.61% $15,569.50 0.23%
Total Traffic
Control
SF LBE- OBE
(Micro) Traffic Control $20,000 0.41% $141,102.50 2.05% R&S
Construction
Management
SF LBE- MBE
(Micro) SW 8, 9 $242,000 4.95% $314,156.87 4.56%
TOTAL $342,000 6.99% $573,128.37 8.32%
As shown in the table above, D’Arcy & Harty did exceed its original overall LBE subconsulting participation commitment on this contract. The following explanations were provided by D’Arcy & Harty for the LBE firms that did not receive the percentages listed at the time of proposal;
Sullivan’s Concrete:
There was a scope change at the discretion of the PUC. This resulted in deletion of manhole structures/saw cutting work. The total reduction due to these changes is approximately $20,000. The change in means and methods resulted in more traffic control requirements. As a result, Total Traffic Control was offered additional work (as described below).
R&S Construction Management:
There was a scope change at the discretion of the PUC. This resulted in deletion of manhole structures.
The total reduction due to these changes affected R&S’s total participation on this contract. Had these not been deleted, R&S would have exceeded its listed percentage commitment at time of award.
To maximize LBE subconsultant participation on this project, D’Arcy & Harty exceeded the percentages listed for a couple of its listed LBE firms’—also shown in the table above (Cobra Trucking and Total Traffic Control). As such, D’Arcy & Harty demonstrated 1) The JV entity 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.