DEPARTMENT
Infrastructure
AGENDA NO. 6j
MEETING DATE
June 25, 2024
AGENDA ITEM
Public Utilities Commission
City and County of San Francisco
Calendar: Consent Calendar
Project Manager: Aileen Caylao
Accept Closeout, Approve Modification, and Authorize Final Payment for Contract No.
WW-713, As-Needed Main Sewer Replacement No. 9
Summary of
Proposed
Commission Action:
Accept work performed by D’Arcy & Harty Construction, Inc. , under Contract No. WW-713, As-Needed Main Sewer Replacement No. 9; approve Modification No. 2 (Final) decreasing the contract amount by $2,202,281 for a total contract amount of $4,925,459, with no change to contract duration, for a total contract duration of 730 consecutive calendar days (approximately two years), to adjust the final contract amount
to the value of actual contract
quantities completed; and authorize final payment to the contractor.
Background: Work under this contract consisted of as-needed manhole-to-manhole segment main sewer replacement on short notice at locations determined by San Francisco Public Utilities Commission (SFPUC) Wastewater Enterprise staff throughout the City and County of San Francisco.
On August 10, 2021, by Resolution No. 21- 0127, the Commission awarded Contract No. WW-713, As-Needed Main Sewer Replacement No. 9 to D’Arcy & Harty Construction, Inc. The original contract amount was $7,127,740, and the original contract duration was 365 consecutive calendar days.
On December 13, 2022, by Resolution No. 22-0209, the Commission approved an increase to the existin g duration contingency by 329 calendar days, allowing for modifications up to a total duration of 730 consecutive calendar days, with no change to contract amount.
Scope of Contract: Staff issued Contract Service Orders for sewer replacement work at the following locations in the City and County of San Francisco:
• Page Street from Central Avenue to Masonic Avenue;
• Shrader Street from Fulton Street to Grove Street;
• Sanchez Street from Duncan Street to 28th Street;
• Wheeler Street from Blanken Avenue to Hester Avenue;
• Fillmore Street from Pixley Street to Greenwich Street; • Florida Street from 16th Street to Mariposa Street; and • Wawona Street from 30th Avenue to Escoleta Way/33rd Avenue.
Agenda Title: WW-713, As-Needed Main Sewer Replacement No. 9 Commission Meeting Date: June 25, 2024
The contractor replaced existing sewers with 1,951 feet of 12 -inch diameter, 1,278 feet of 15-inch diameter, 64 feet of 18-inch diameter and 167 feet of 24- inch diameter vitreous clay pipe.
Modifications to the
Contract:
Modification No. 1: Effective January 1, 2023, the SFPUC modified the Contract within the contingency set by the Commission by Resolution No. 22- 0209, increasing the contract duration by 365 consecutive calendar days, for a total contract duration of 730 consecutive calendar days, with no change to contract amount, to complete contract work due to schedule coordination and restrictions and permitting Staff to continue issuing contract service orders.
Proposed Modification No. 2 (Final): Staff recommends Commission authorization to decrease the contract amount by $2,202,281, for a total contract amount of $4,925,459, with no change to contract duration, for a total contract duration of 730 consecutive calendar days to adjust the final contract amount to the value of actual contract quantities completed.
Funding and Costs: Funding Source: Wastewater Enterprise Replacement and Renewal Program, 10036509, As-Needed Main Sewer Replacement No. 9
Original Contract Amount: $7,127,740
Modification No. 1 Amount: $0
Recommended Modification No. 2 (Final) Amount: ($2,202,281) Total Revised Contract Cost Limit: $4,925,459
Schedule: Notice-to-Proceed Date: December 13, 2021
Original Contract Duration: 365 consecutive calendar days Modification No. 1 Duration: 365 consecutive calendar days Requested Modification No. 2 (Final) Duration: 0 calendar days Total Revised Contract Duration Limit: 730 consecutive calendar days
Local Business
Enterprise
Participation and
Non-Discrimination
in Contracting:
The Contract Monitoring Division established a 14% Local Business Enterprise subcontracting requirement for this contract. The contractor’s bid committed to 15.15% Local Business Enterprise participation. The Contract Monitoring Division determined the contractor complied with its Local Business Enterprise subcontracting goal by achieving a final subcontractor participation of 21.30%.
Attachment: 1. Contract Monitoring Division Memorandum
Agenda Title: WW-713, As-Needed Main Sewer Replacement No. 9 Commission Meeting Date: June 25, 2024
Project Location Map
PUBLIC UTILITIES COMMISSION
City and County of San Francisco
RESOLUTION NO.
WHEREAS, The San Francisco Public Utilities Commission (SFPUC) issued a request for bids for Contract No. WW-713, As-Needed Main Sewer Replacement No. 9 to perform as-needed manhole-to-manhole segment main sewer replacement on short notice at locations determined by Wastewater Enterprise staff throughout the City and County of San Francisco; and WHEREAS, On August 10, 2021, by Resolution No. 21-0127, the Commission awarded Contract No. WW-713, As -Needed Main Sewer Replacement No. 9 to D’Arcy & Harty Construction, Inc.; and
WHEREAS, The original contract amount was for $7,127,740 and the original contract duration was 365 consecutive calendar days; and
WHEREAS, The contract Notice-to-Proceed date was December 13, 2021; and WHEREAS, On December 13, 2022, by Resolution No. 22- 0209, the Commission increased the duration contingency by 329 days, allowing for modifications to the contract duration of up to 730 consecutive calendar days; and
WHEREAS, Modification No. 1 increased the contract duration by 365 consecutive calendar days, for a total contract duration of 730 consecutive calendar days, with no change to contract amount, to complete contract work due to schedule coordination and restrictions and permitted Staff to continue issuing contract service orders; and WHEREAS, Staff recommends approval of Modification No. 2 (Final) to decrease the contract amount by $2,202,281, for a total contract amount of $4,925,45 9, with no change to contract duration, for a total contract duration of 730 consecutive calendar days, to adjust the final contract amount to the value of actual contract quantities completed; and WHEREAS, Contractor D’Arcy & Harty Construction, Inc., completed the work scope under Contract No. WW-713, As-Needed Main Sewer Replacement No. 9; and WHEREAS, The Contractor Monitoring Division determined that the Contractor complied with the established Local Business Enterprise subcontracting requirement of 14% for this Contract by achieving a final Local Business Enterprise subcontractor participation of 21.30% ; and
WHEREAS, Funds are available from Project No. 10036509, As-Needed Main Sewer Replacement No. 9; now, therefore, be it
RESOLVED, That this Commission hereby accepts the work performed by D’Arcy & Harty Construction, Inc. under Contract No. WW-713, As-Needed Main Sewer Replacement No. 9; approves Modification No. 2 (Final), decreasing the contract amount by $2,202,281, for a total contract amount of $4,925,459, and a total contract duration of 730 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 17, 2024
To: John Wong, Project Manager, SFPUC
Aileen Caylao, Project Manager, SFPUC
From: Adriana Duran for Michelle Kassatly, Contract Compliance Officer, CMD Subject: Closeout for WW-713 – As-Needed Main Sewer Replacement No.9- CMD Memo
The Contract Monitoring Division (“CMD”) has determined that D’Arcy & Harty Construction (“DHC”) has substantially complied with the LBE subcontracting requirements associated with this project.
At the time the project was advertised, CMD established an LBE subcontracting requirement of 14%. The Prime’s Document 00 43 36 reflected an LBE subcontracting participation of 15.15%. D’Arcy & Harty Construction (the Prime Contractor) was awarded the contract in the amount of $7,127,740.00 which after 2 change orders was reduced by $2,202,281.55 for a total amount of $4,925,458.45. D’Arcy & Harty Construction LBE subcontracting participation at closeout is as follows:
Firm Scope of Work LBE Status Original Credited
Contract Participation
Final Credited Contract
Participation
Cobra
Trucking Trucking (Partial) SF LBE MBE
(Small) $70,000 0.98% $131,365.50 2.67%
RK
Engineering
Inc.
Concrete Flat Work SF LBE OBE
(Micro) $600,000 8.42% $122,503.50 2.49%*
Sullivan’s
Concrete
Sawing
Saw cutting SF LBE OBE
(Micro) $60,000 0.84% $63,480.20 1.29%
Roadway
Construction
Inc.
AC Paving SF LBE MBE
(Micro) $350,000 4.91% $503,543.75 10.22%
CMC Traffic
Control Traffic Control SF SBA LBE $70,000 0.00% $0.00 0.00%** Reliance
Engineering
Inc.
Electrical SF LBE MBE
(Micro) -- -- $228,000.00 4.63%
TOTAL LBE Subcontractor Participation $1,150,000.00 15.15% $1,048,892.95 21.30% *RK Engineering’s LBE participation was shortfall see below for more details. ** Only CMD certified Small and/or Micro-LBEs can be used to meet the LBE subcontractor participation requirement.
SBA-LBE participation, as a result, will not be credited towards the total participat ion.
CMD Contract Compliance Officer checked with the Prime and SFPUC regarding RK Engineering Inc., LBE participation shortfall. This firm’s participation was cut short based on the following explanations given by DHC and confirmed by the SFPU: “The project was an as-needed project, with no defined work scope at bid time only bid items. RK Engineering was listed for the Concrete Flatwork Scope associated with Bid Items CR-2 to CR-6. Over the course of the project, RK Engineering completed all the work scope associated with these bid items. The amount of work completed, was less than the original bid amount.”
To recover and maximize LBE subcontracting participation on this project, DHC added an LBE firm, Reliance Engineering Inc. (“Reliance”) and the listed subcontractors – Cobra Trucking, Sullivan’s Concrete Sawing, and Roadway Construction Inc. – increased participation to make up for RK Engineering, Inc.’s shortfall.
Overall, DHC was able to meet and exceed its LBE Participation commitment at a final closeout percentage of 21.30% instead of 15.15%.
Based on the foregoing, CMD concurs with the closeout of this contract. Should you have any questions, or if I can be of further assistance, please do not hesitate to contact [email protected]