DEPARTMENT
Infrastructure Division
AGENDA NO.
12 MEETING DATE
June 25, 2024
AGENDA ITEM
Public Utilities Commission
City and County of San Francisco
Calendar: Regular Calendar
Contract Manager: Johanna Wong
Approve Amendment No. 2 to Contract No. PRO.0164, Engineering Services for the Lower Alemany Area Stormwater Improvement Project
Summary of
Proposed
Commission Action:
Approve Amendment No. 2 to Contract No. PRO.0164, Engineering Services for the Lower Alemany Area Stormwater Improvement Project with McMillen Jacobs Associates (dba Delve Underground), increasing the contract amount by $8,300,000, for a total not-to-exceed contract amount of $17,800,000, and extending the contract duration by three years, for a total contract duration of nine years, due to additional engineering support needed to perform analyses and refine the design for the project’s Caltrans encroachment permit , and to provide engineering support during construction, subject to Board of Supervisors approval under Charter Section 9.118.
Background: The San Francisco Public Utilities Commission (SFPUC) Lower Alemany Area Stormwater Improvement Project (Project) will improve collection system capacity during we t weather events within the area between Ellsworth Street and Barneveld Avenue in the Lower Alemany area of San Francisco. It involves constructing a new 120-inch diameter sewer of more than 6,300 linear feet along an alignment south of I-280 and the installation of about 1,000 linear feet of new 13- feet by 7-feet box sewer. This project requires special expertise in tunnel engineering and seismic analysis.
On July 27, 2021, by Resolution No. 21- 0116, this Commission awarded Contract No. PRO.0164, Engineering Service for the Lower Alemany Area Stormwater Improvement Project (Contract), to
McMillian Jacobs
Associates (dba Delve Underground) , to provide specialized tunnel engineering, design of large underground sewer infrastructure and soils structure analysis, with a not-to-exceed contract amount of $7,500,000 and a duration of six years.
The proposed amendment is for additional work
associated with the Caltrans encroachment permit request and to provide engineering support during construction,
Caltrans requires SFPUC to obtain a n encroachment permit prior to completing design due to the need to use Caltrans right-of-way during construction, and also because the tunnel element of the P roject interfaces with State Transportation infrastructure at six different locations. In recent discussions with Caltrans, the encroachment permit application requires the Agenda Title: PRO.0164, Engineering Services for the Lower Alemany Area Stormwater Improvement Project Commission Meeting Date: June 25, 2024
Project to develop and submit technical analysis and documentation as part of the permit. The engineering services needs for this effort include:
• Bridge structural impact assessment and analysis.
• Ground stabilization and seismic analysis.
• Technical support for permits and certifications.
• New shoofly design in Caltrans right-of-way.
Caltrans approval to the technical reports and certifications are required to complete the encroachment permit and to compl ete Project construction contract.
Scope of Contract: The professional services under the Contract are for specialized tunnel engineering and structural design of large underground sewage infrastructures located in the San Francisco Alemany Boulevard, Bayshore Boulevard, and Industrial Street areas.
The scope of work in the proposed Contract amendment consists of:
• Engineering services for preparing design documents related to the new elevated shoofly with new abutment design including cost estimating and construction schedule;
• Develop additional design submittals for Caltrans right of way and public utility relocations;
• Prepare Project Study Report – Project Report in accordance with Caltrans standards and land use requirements;
• Bridge structure modeling, seismic performance assessment, seismic hazard analysis, assess bridge capacity and load rating calculations; • Additional geotechnical engineering and soil-structure interaction analyses;
• Site restoration to construction area in Caltrans right-of-way; • Develop pre-construction submittals that include s stormwater data report and construction site-runoff control plans; and
• Provide Engineering Support During Construction.
Agenda Title: PRO.0164, Engineering Services for the Lower Alemany Area Stormwater Improvement Project Commission Meeting Date: June 25, 2024
Modifications to the
Contract:
Amendment No. 1: On January 23, 2024, by Resolution No. 24-0011, the Commission approved Amendment No. 1, increasing the contract amount by $2,000,000 for a total not-to exceed contract amount of $9,500,000, with no change to the contract duration, to address traffic impact limitations, unforeseen defects in the existing box sewer and changes to the upstream sewer connection, and changes to the design of the tunnel and large sewer.
Proposed Amendment No. 2: Staff recommends Commission
authorization to increase the contract amount by $8,300,000 and extend the contract duration by three years, for a total not-to-exceed contract amount of $17,800,000 and a total contract duration of nine years , to perform soil - structural engineering, bridge structure modeling, structural impact assessment, geotechnical engineering, various technical support for the Caltrans encroachment permit related services , and to provide e ngineering support during construction, start-up and close-out.
Funding and Costs: Funding Source: Wastewater Enterprise, Sewer System Improvement Program. Project No . 10034360, Lower Alemany Area Stormwater Improvement
Original Not-to-Exceed Amount: $7,500,000
Amendment No. 1 Amount: $2,000,000
Recommended Amendment No. 2 Amount: $8,300,000
Total Not-To-Exceed Contract Amount: $17,800,000
Schedule: Original Duration: Six years
Amendment No. 1 Duration: Zero years
Proposed Amendment No. 2 Duration: Three years
Total Not-to-Exceed Duration: Nine years
Environmental
Review:
Authorization to amend this professional services agreement does not fall within the definition of a “project” under CEQA Guidelines s ection 15378 because work under the agreement will consist of engineering design and support services, and SFPUC will not authorize any e ngineering support during start-up, construction and closeout services under this contract until CEQA review is complete and until this Commission has reviewed and considered the CEQA determination and has approved the Project.
The SFPUC will not authorize the contractor to commence any geotechnical or hazardous material field investigation work under this contract until the proposed work is reviewed and any appropriate environmental review under the CEQA, if required, has been completed.
Authorization to execute this professional services agreement is not an approval of the proposed Lower Alemany Area Stormwater Improvement Project and SFPUC retains discretion to, among other things, modify the proposed project to mitigate significant environmenta l impacts, require the Agenda Title: PRO.0164, Engineering Services for the Lower Alemany Area Stormwater Improvement Project Commission Meeting Date: June 25, 2024
implementation of specific measures to mitigate any significant environmental impacts of the projects, or reject the project, following completion of environmental review.
Local Business
Enterprise
Utilization and Non-
Discrimination in
Contracting:
The Contract Monitoring Division (CMD) established a 10% Local Business Enterprise (LBE) subcontracting requirement for this contract. Delve Underground committed to 10.118 % LBE participation in its proposal, and this amount remains unchanged.
Attachment: 1. Contract Monitoring Division Memorandum
Agenda Title: PRO.0164, Engineering Services for the Lower Alemany Area Stormwater Improvement Project Commission Meeting Date: June 25, 2024
Lower Alemany Area Stormwater Improvement Project Site Map
Agenda Title: PRO.0164, Engineering Services for the Lower Alemany Area Stormwater Improvement Project Commission Meeting Date: June 25, 2024
PRO.0164 Budget Summary Table
Scope of Work Description Original Amendment 1
Modifications
Proposed
Amendment 2
Modifications
Total Contract
Amounts
Project Management $505,200 $0 $432,100 $937,300
Conceptual Engineering $1,249,600 -$145,000 $0 $1,104,600 Engineering Design & Engineering
Support During Bid and Award $2,831,400 $1,332,000 $2,278,000 $6,441,400 Environmental & Permit Support $150,000 $0 $2,228,200 $2,378,200 Technology Transfer $25,000 $0 $0 $25,000
Communication and Public Outreach $100,000 $0 $150,000 $250,000 Geotechnical Investigation, Seismic
Analysis, Characterization, Soil
Structure Interaction Analysis
$1,138,800 $813,000 $211,700 $2,163,500
Engineering Support During
Construction $1,500,000 $0 $3,000,000 $4,500,000
TOTAL $7,500,000 $2,000,000 $8,300,000 $17,800,000
PUBLIC UTILITIES COMMISSION
City and County of San Francisco
RESOLUTION NO.
WHEREAS, The San Francisco Public Utilities Commission (SFPUC) requires improved collection system capacity and increased flood resilience during wet weather event s within the Lower Alemany area in the City and County of San Francisco to comply with California Regional Water Quality Control Board Clean-up and Abatement Order R2-2021-0021; and WHEREAS, On July 27, 2021, by Resolution No. 21- 0116, the Commission awarded Contract No. PRO.0164, Engineering Services for the Lower Alemany Area Stormwater Improvement Project , to McMillian Jacobs Associates (dba Delve Underground) , to provide specialized tunnel engineering and design of large underground sewer infrastructure and seismic analysis services, with a not-to-exceed contract amount of $7,500,000 and a duration of six years; and
WHEREAS, On January 23, 2024, by Resolution No. 24-0011, the Commission authorized Amendment No. 1 to Contract No. PRO.0164, Engineering Services for the Lower Alemany Area Stormwater Improvement Project, increasing the contract amount by $2,000,000 to account for a design addition to the tunnel and large box sewer alignment and connections, increasing the total not-to-exceed contract amount to $9,500,000, with no change to the contract duration; and WHEREAS, Staff recommends the Commission approve Amendment No. 2 to increase the contract amount by $8,300,000 and extend the contract duration by three years, for a total not- to-exceed contract amount of $17,800,000 and a total contract duration of nine years , to provide additional specialized bridge structur e assessment, modeling, structural designs , geotechnical engineering services, and to provide engineering support during construction, start-up and close- out to the Lower Alemany Area Stormwater Improvements Project; and WHEREAS, Funds are available from Wastewater Enterprise Sewer System Improvement Program, Project No. 10034360, Lower Alemany Area Stormwater Improvement; and WHEREAS, Authorization to amend this professional services agreement does not fal l within the definition of a “project” under California Environmental Quality Act (CEQA) Guidelines section 15378 because work under the agreement will consist of engineering design and support services, and SFPUC will not authorize any engineering support for construction, start- up, and c lose-out services under this contract until CEQA review is complete and until this Commission has reviewed and considered the CEQA determination and has approved the project; and
WHEREAS, The SFPUC will not authorize the contractor to commence any geotechnical or hazardous material field investigation work under this contract until the proposed work is reviewed and any appropriate environmental review under the CEQA, if required, has been completed; and
WHEREAS, Authorization to amend this professional services agreement is not an approval of the proposed Lower Alemany Area Stormwater Improvement Project and SFPUC retains discretion to, among other things, modify the proposed project to mitigate significa nt environmental impacts, require the implementation of specific measures to mitigate any significant environmental impacts of the projects, or reject the project, following completion of environmental review; now, therefore, be it
RESOLVED, That this Commission hereby approves Amendment No. 2 to Contract No.
PRO.0164, Engineering Services for the Lower Alemany Area Stormwater Improvement Project, with McMillian Jacobs Associates (dba Delve Underground) , increasing the contract by $8,300,000 and extending the contract duration three years, for a total not -to-exceed contract amount of $17,800,000 and a total contract duration of nine years, subject to Board of Supervisors approval under Charter Section 9.118.
I hereby certify that the foregoing resolution was adopted by the Public Utilities Commission at its meeting of June 25, 2024.
Acting Commission Secretary, Public Utilities Commission
City & County of San Francisco
London N. Breed, Mayor
Office of the City Administrator
Carmen Chu, City Administrator
Contract Monitoring Division
Stephanie Tang, Director
1455 Market Street, Suite 16A, San Francisco, CA 94103 Telephone (415) 554-0630
MEMORANDUM
Date: May 29, 2024
To: Casey Chen, SFPUC
Johanna Wong, SFPUC
From: Jovi Cuntapay-Vitin for Michelle Kassatly, CMD
Subject: Rev. 1 of Modification No. 2 for PRO.0164 Engineering Services for Lower Alemany Area Stormwater Improvements Project (PeopleSoft Contract ID:
1000024350)
SFPUC has requested to mod ify the above referenced contract by $ 8,300,000 for a total agreement amount of $17 ,800,000. Pursuant to communications with the SFPUC, the scope of work for Modification No.2 will be used to complete final design, including addressing Caltrans comments and concerns for the project interface with their property and infrastructure. It will also fund engineering services during construction, review submittals, respond to RFIs, and provide site support.
The Micro/Small -LBE subcontracting participation requir ement established for this contract is 10%. The LBE subcontracting participation requirement applies to the entire contract including any modifications, change orders and amendments.
The Micro/Small -LBE participation reflected on the Prime Contractor’s, Delve Underground’s 1 (“Delve’s”), Section 00 43 36 at the time of bid is as follows:
Subcontractor Scope of Work
LBE Status,
Type and
Size
LBE
Participation
A E W Engineering Inc. Hazardous Materials
Assessment
SF LBE-MBE 3.01%
Divis Consulting Inc. Geotechnical
Investigation
SF LBE-OBE 6.554%
The Thier Group CEQA Support & Public
Outreach
SF LBE-WBE 0.554%
TOTAL: 10.118%
As of May 29, 2024, Delve has invoiced $7,436,571.76 per SOLIS. The Micro/Small-LBE participation achieved by Delve is as follows:
1 Delve Underground was previously known as McMillen Jacobs Associates.
Subcontractor Scope of Work
LBE Status,
Type and
Size
Participation To-Date
(NOT including
Modification No. 2)
A E W Engineering
Inc.
Hazardous
Materials
Assessment
SF LBE-MBE $290,382.24 3.90%
Divis Consulting Inc. Geotechnical
Investigation
SF LBE-OBE $837,653.53 11.26%
The Thier Group CEQA Support &
Public Outreach
SF LBE-WBE $0.00 0.00%
TOTAL $1,128,035.77 15.17%
Pursuant to communications and documents provided by Delve, The Their Group (“TTG”) has not yet been utilized because the task orders issued to-date did not require a scope of work that TTG was listed to perform. Delve is required to make good faith efforts to utilize LBEs for any scopes of work, or portions thereof, which can reasonably be subcontracted throughout the life of the agreement. In light of this requirement, and as part of Delve’s good faith efforts, Delve has increased the participation of its other two listed LBEs.
Moreover, Delve confirmed that it will remain committed to assigning work that may arise from future task orders to its original listed LBE subcontractors. Delve informed the CMD that it anticipates meeting its 10.118% Micro/Small -LBE subcontracting participation requirement, as follows:
Subcontractor Scope of Work LBE Status,
Type and Size
Projected Participation
(including Modification No. 2)
A E W Engineering Inc. Hazardous Materials
Assessment
SF LBE-MBE $384,480.00 2.16%
Divis Consulting Inc. Geotechnical
Investigation
SF LBE-OBE $1,021,720.00 5.74%
The Thier Group CEQA Support &
Public Outreach
SF LBE-WBE $395,160.00 2.22%
TOTAL $1,801,360.00 10.12%
Going forward, in order to ensure compliance with the Chapter 14B post -award requirements, SFPUC staff and Delve will continue to notify and obtain CMD approval for any proposed subcontractor additions and/or substitutions throughout the term of this contract as well as any changes to the scope of work and the information provided to CMD. CMD will review this information to determine and facilitate progress towards the project’s LBE subcontracting requirement. Contingent upon the conditions set forth above, CMD approves this modification.
Should you have any questions and/or concerns regarding the above, Michelle Kassatly can be reached at [email protected].