DEPARTMENT
Infrastructure Division
AGENDA NO.
6i
MEETING DATE
June 25, 2024
AGENDA ITEM
Public Utilities Commission
City and County of San Francisco
Construction Modification: Consent Calendar
Contract Manager: Barbara Palacios
Accept Closeout, Approve Modification, and Authorize Final Payment for Contract WD- 2852R, San Francisco Westside Recycled Water Irrigation System Retrofits
Summary of
Proposed
Commission Action:
Accept work performed by Fontenoy Engineering, Inc., under Contract No.
WD-2852R, San Francisco Westside Recycled Water Irrigation System Retrofits; approve Modification No. 5 (Final) increasing the contract amount by $325,118 for a total contract amount of $3,026,722, and increasing the contract duration by 451 consecutive calendar days for a total contract duration of 1,018 consecutive calendar days (approximately two years and ten months), to complete contract work that was delayed due to supply chain procurement issues , to complete punch list items , and to finalize closeout documentation ; and authorize final payment to the contractor.
Background: The San Francisco Westside Enhanced Water Recycling Project is a key water supply project for the San Francisco Public Utilities Commission (SFPUC). The primary objectives of the Project are to (1) create a new recycled water supply of up to two million gallons per day; (2) expand and diversify the SFPUC water supply portfolio; and (3) reduce the use of potable water for irrigation by supplying those demands with recycled water.
On September 8, 2020, by Resolution No. 20 -0192, this Commission awarded Contract No. WD-2852R, San Francisco Westside Recycled Water Irrigation System Retrofits to Fontenoy Engineering, Inc. The original contract amount was $2,483,525, and the original contract duration was 425 consecutive calendar days.
The irrigation and related modifications in Golden Gate Park and Lincoln Park Golf Course performed under this contract were also the subject of an Amended Memorandum of Understanding by and between the S FPUC and San Francisco Recreation and Parks Department, tha t the Commission approved on September 8, 2020, by Resolution No. 20-0199.
On January 11, 2022, by Resolution No. 22-0008, the Commission approved an increase to the construction duration contingency of 153 calendar days, for a total revised contract duration of up to 620 consecutive calendar days, with no change to the contract amount.
Contract: WD-2852R, San Francisco Westside Recycled Water Irrigation System Retrofits Commission Meeting Date: June 25, 2024
On January 10, 2023, by Resolution No. 23-0008, the Commission approved an increase to the construction cost contingency of $300,000, allowing for modifications to the contract amount of up to $3,031,877, and an increase to the construction duration contingency of 300 calendar days , allowing for modifications to the contract duration of up to 920 consecutive calendar days.
Description of Scope
of Work:
The contract work was located in Golden Gate Park in San Francisco. The contract work consisted of:
• Retrofits to existing irrigation systems (replacing visible sprinkler components, covers, etc., with purple components t o designate recycled water);
• Installation of gate valves, backflow preventers, and other minor plumbing work;
• Modifications to Elk Glen Pump Station; and
• Installation of recycled water signage.
Modifications to the
Contract:
Modification Nos. 1 to 4: Staff increased the contract amount by $218,079 (within the original 10% contingency) and increased the contract duration by 142 calendar days, as authorized under Resolution No. 22-0008, to address (1) additional valve and associated work; (2) modified quick coupling valve type; (3) additional pipeline work and associated pavement restoration; (4) installation of additional backflow preventer; and (5) delays associated with the procurement of American Iron and Steel (AIS) compliant materials, for a total contract amount of $2,701,604, and a total contract duration of 567 consecutive calendar days.
Recommended Modification No. 5 (Final) : Staff recommends that the Commission approve Modification No. 5 (Final) to increase the contract amount by $325,118, as authorized under Resolution No. 23-0008, for a total contract amount of $3,026,722, and increase the contract duration by 451 consecutive calendar days for a total contract duration limit of up to 1,018 consecutive calendar days, to complete contract work that was delayed due to supply chain procurement issues, complete punch list items, and finalize closeout documentation.
Budget & Costs: Funding: SFPUC financed Water Enterprise Project No. CUW30201, San Francisco Westside Recycled Water Project , through a Clean Water State Revolving Fund (CWSRF) loan approved by this Commission on July 11, 2017, by Resolution Nos. 17- 0155 and 17- 0159. The CWSRF agreement, executed in September 2017, provides for a $15 million grant, and a $171.2 million loan. Contract WD-2852R is funded in its entirety by the grant.
Original Contract Amount: $2,483,525
Modifications Nos. 1 to 4 Amount: $218,079
Requested Modification No. 5 (Final) Amount: $325,118
Total Final Contract Amount: $3,026,722
Schedule: Notice-to-Proceed Date: January 25, 2021
Contract: WD-2852R, San Francisco Westside Recycled Water Irrigation System Retrofits Commission Meeting Date: June 25, 2024
Original Contract Duration: 425 consecutive calendar days Modifications Nos. 1 to 4 Duration: 142 calendar days
Recommended Modification No. 5 (Final) Duration: 451 calendar days Total Contract Duration Limit: 1,018 consecutive calendar days
Compliance with
Chapter 14B: Local
Business Enterprise
Utilization and Non-
Discrimination in
Contracting
Ordinance:
The Contract Monitoring Division established a 20% Local Business Enterprise ( LBE) subcontracting requirement for this contract. The Contractor’s bid committed to 23.45% LBE participation.
CMD has determined that the Contractor met its LBE subcontracting requirement by achieving a final LBE subcontractor participation of 23.56%
Attachment: 1. Contract Monitoring Division Memorandum
Contract: WD-2852R, San Francisco Westside Recycled Water Irrigation System Retrofits Commission Meeting Date: June 25, 2024
Location map:
Figure – Westside Recycled Water Project
WD-2852R Westside
Recycled Water Irrigation
Retrofits – throughout
Golden Gate Park
PUBLIC UTILITIES COMMISSION
City and County of San Francisco
RESOLUTION NO.
WHEREAS, The San Francisco Public Utilities Commission (SFPUC) Westside Recycled Water Irrigation Retrofits is one of the four major construction contracts of the San Francisco Westside Enhanced Water Recycling Project, which also includes the construction of approximately 7.7 miles of new recycled water pipeline (Contract No. WD-2798), the construction of a new recycled water treatment facility within the Oceanside Plant (Contract No. WD -2776), and the construction of a new pump station and reservoir in Golden Gate Park (Contract No. WD- 2797). The purpose of the Westside Enhanced Water Recycling Project is to (1) create a new recycled water supply of up to two million gallons per day; (2) expand and diversify the SFPUC water supply portfolio; and (3) reduce the use of potable water for irrigation by supplying those demands with recycled water; and
WHEREAS, On September 8, 2020, by Resolution No. 20-0192, this Commission awarded Contract No. WD-2852R, San Francisco Westside Recycled Water Irrigation System Retrof its to Fontenoy Engineering, Inc., and
WHEREAS, The original contract amount was for $2,483,525 and the original contract duration was 425 consecutive calendar days; and
WHEREAS, On January 25, 2021, SFPUC issued the construction contract notice -to- proceed; and
WHEREAS, On January 11, 2022, by Resolution No. 22-0008, this Commission approved an increase to the duration contingency in the amount of 153 consecutive calendar days, allowing for modification of the total contract duration of up to 620 consecutive calendar days; and WHEREAS, On January 10, 2023, by Resolution No. 23-0008, this Commission approved an increase of $300,000 to the existing contract cost contingency, allowing for modification of the total contract amount of up to $3,031,877, and an increase of 300 calendar days to the duration contingency, allowing for modification of the total contract duration of up to 920 consecutive calendar days; and
WHEREAS, Modifications No. 1 through 4 increased the contract amount by $218,079 and increased the contract duration by 142 consecutive calendar days for a total contract amount of $2,701,604, and a total contract duration of 567 consecutive calendar days; and WHEREAS, Staff recommends the Commission approve Modification No. 5 (Final) to increase the contract amount by $325,118, for a total contract amount of $3,026,721, and increase the contract duration by 451 consecutive calendar days for a total contract duration of 1,018 consecutive calendar days , to complete contract work that was delayed due to supply chain procurement issues, complete punch list items, and finalize closeout documentation; and WHEREAS, The Contractor, Fontenoy Engineering Inc., has completed its work under Contract WD-2895R, San Francisco Westside Recycled Water Irrigation System Retrofits; and WHEREAS, The Contract Monitoring Division determined that the Contractor complied with the established Local Business Enterprise subcontracting requirement of 23.45% by achieving a final Local Business Enterprise subcontractor participation of 23.56%; and WHEREAS, Funds are available from Project No. CUW30201, San Francisco Westside Recycled Water Project; now, therefore, be it
RESOLVED, That this Commission hereby accepts the work performed by Fontenoy Engineering, Inc. under Contract No. WD-2852R, San Francisco Westside Recycled Water Irrigation System Retrofits; approves Modification No. 5 (Final), increasing the contract amount by $325,118 for a total contract amount of $3,026,721, and increasing the contract duration by 451 consecutive calendar days, for a total contract duration of 1,018 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 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) 581-2310 General Email [email protected]
MEMORANDUM
Date: May 15, 2024
To: Barbara Palacios, SFPUC
Rafael Alcaraz, SFPUC
From: Jovi Cuntapay-Vitin, CMD
Subject: Closeout for WD -2852R San Francisco Westside Recycled Water Irrigation System Retrofits
The Contract Monitoring Division (“CMD”) has determined that Fontenoy Engineering Inc. (“Fontenoy”), the LBE prime contractor, has made a good faith effort to substantially comply with the LBE subcontracting requirements associated with this project.
At the time the project was advertised, an LBE subcontracting participation requirement of 20% was established. Fontenoy’s Section 00 43 36 reflected an LBE subcontracting participation of
23.45%. Fontenoy was awarded the contract in the amount of $2,483,525.00. At closeout, the final contract amount is $3,026,721.25. Fontenoy’s LBE subcontracting participation is as follows:
Firm
LBE Status,
Type and
Size
Scope of Work Original Credited
Contract Participation
Final Credited
Contract Participation
Liffey Electrical SF LBE-OBE
(Micro)
Electric (15A &
15B) $97,300.00 3.92% $ 108,382.72 3.58%
Cobra Trucking
Inc.
SF LBE-MBE
(Micro) Trucking $15,000.00 0.60% $ 12,558.30 0.41%
RK Engineering,
Inc.
SF LBE-OBE
(Micro)
Demo, Street
base, Concrete $270,000.00 10.87% $ 293,834.25 9.71%
The Urban
Farmer Store LP
SF LBE-OBE
(Small)
Pipe, Irrigation,
Tags $200,000.00 8.05% $245,334.79 8.11%
QA Constructors,
Inc.
SF LBE-MBE
(Micro) Mill & Pave --- --- $ 52,968.96 1.75%
TOTAL $582,3000.00 23.45% $713,0189.02 23.56%
The CMD Contract Compliance Officer inquired on the individual LBE commitment shortfalls and received explanations from Fontenoy and confirmed by SFPUC. Firstly, for Liffey Electrical (“Liffey”), Fontenoy gave the maximum electrical work to Liffey, however, it was not enough to meet the LBE commitment. Secondly, for RK Engineering Inc. (“RK Engineering”), maximum concrete work was given by Fontenoy, however, there was not enough concrete scope for RK Engineering to perform and meet the commitment. Lastly, for Cobra Trucking Inc. (“Cobra”), the actual trucking work was less than what was anticipated. Hence, the shortfall in Cobra’s participation.
To recover and maximize the LBE subcontracting participation on this project, in good faith, Fontenoy added another LBE to this project, QA Constructors, Inc. (“QA”) . QA was added to perform paving work that Fontenoy, and other listed LBE subcontractor are not able to perform.
QA specialized in this type of work.
As a result of the added LBE work above (QA), the Prime contractor exceeded its overall commitment achieving 23.56% instead of 23.45%.
Based on the foregoing, CMD concurs with the closeout of this contract.