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Accept work performed by D’Arcy & Harty Construction, Inc., under Contract No. WW

CleanPowerSF Sfpuc Commission
September 24, 2024

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Accept work performed by D’Arcy & Harty Construction, Inc., under Contract No. WW
Meeting
September 24, 2024
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CleanPowerSF Sfpuc Commission
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DEPARTMENT

Infrastructure

AGENDA NO. 7c

MEETING DATE

September 24, 2024

AGENDA ITEM
Public Utilities Commission
City and County of San Francisco

Calendar: Consent Calendar
Project Manager: Carman Luk

Accept Closeout, Approve Modification No. 1 (Final), and Authorize Final Payment for Contract No. WW-724, Panhandle and Inner Sunset Large Sewer Rehabilitation

Summary of
Proposed
Commission Action:

Accept work performed by D’Arcy & Harty Construction, Inc., under Contract No. WW-724, Panhandle and Inner Sunset Large Diameter Sewer Rehabilitation; approve Modification No. 1 (Final) decreasing contract amount by $3,801,235, for a new total contract amount of $6,136,120, with no change to contract duration, for a total contract duration of 515 consecutive calendar days (approximately one year and five months), to
reduce scope from the contract and to adjust the final contract amount to the value of actual contract quantities completed; and authorize final payment to the contractor.

Background: The contract provided rehabilitation and replacement of existing sewers that are 100-years old and identified to be at a high-risk of failure based on data in the San Francisco Public Utilities Commission (SFPUC) Condition Assessment Management Program. The need for structural rehabilitation was further confirmed when the project team observed missing mortar and fallen bricks from televised videos of these sewers.

On December 13, 2022, by Resolution 22- 0210, this Commission awarded Contract No. WW -724, Panhandle and Inner Sunset Large Diameter Sewer Rehabilitation to D’Arcy & Harty Construction, Inc. The original contract amount was $9,937,355, and the original contract duration was 515 consecutive calendar days.

Scope of Contract: The contract work locations were on Oak Street and Fell Street. The contract work consisted of:

• Rehabilitation of approximately 4,000 linear feet (LF) of existing sewers using cured -in-place-liners, slip -lining or spray mortaring construction methods;
• Rehabilitation of 12 existing sewer manholes and installation of 12 new sewer manholes;
• Replacement and rehabilitation of laterals and as sociated appurtenance; and
• Restoration of roadway and other restoration-in-kind work associated with the sewer.

Agenda Title: WW-724, Panhandle and Inner Sunset Large Sewer Rehabilitation Commission Meeting Date: September 24, 2024

Page 2 ends

Modifications to the
Contract:

Proposed Modification No. 1 (Final) : Staff recommends Commission authorization to decrease the contract amount by $3,801,235, for a total contract amount of $6,136,120, with no change to the contract duration, for a total contract duration of 515 consecutive calendar days, to reduce scope from the contract and to adjust the final contract amount to the value of actual contract quantities completed.

The reduction in contract scope and amount follows a serious safety incident on the project. On September 28, 2023, a contractor employee was replacing sewer parts inside the eight -foot-deep trench at 1101 Oak Street when the excavation collapsed, fatally burying the worker. Cal/OSHA investigators determined the contractor committed willful- serious safety violations by failing to provide a protective system for employees working in the trench and for failing to provide a means of escape. The SFPUC immediately suspended the work under the contract but later allowed contractor to complete specific limited work. SFPUC will complete the unfi nished work under a future SFPUC contract.

Funding and Costs: Funding Source: Project No. 10034718-3, Panhandle and Inner Sunset Sewer Rehabilitation

Original Contract Amount: $9,937,355
Requested Modification No. 1 (Final): ($3,801,235)
Total Final Contract Amount: $6,136,120

Schedule: Notice-to-Proceed Date: March 13, 2023
Original Contract Duration: 515 consecutive calendar days Requested Modification No. 1 (Final): 0 calendar days
Total Final Contract Duration: 515 consecutive calendar days

Local Business
Enterprise
Participation and
Non-Discrimination
In Contracting:

The Contract Monitoring Division established a 4% Local Business Enterprise (LBE) subcontracting requirement for this contract. The contractor committed to 6.55% LBE participation with its bid submittal.

CMD has determined that the Contractor complied with its LBE subcontracting requirement by achieving a final LBE subcontractor participation of 7.16 % for this Contract.

Attachment(s): 1. Contract Monitoring Division Memorandum Agenda Title: WW-724, Panhandle and Inner Sunset Large Sewer Rehabilitation Commission Meeting Date: September 24, 2024

Page 3 ends

Project Location Map

PUBLIC UTILITIES COMMISSION
City and County of San Francisco

RESOLUTION NO.

WHEREAS, The San Francisco Public Utilities Commission (SFPUC) Collection System Assessment Management Program identifies San Francisco sewers that are over 100-years old and pose a high-risk of failure; and

WHEREAS, The SFPUC project team confirmed the need for rehabilitation of existing brick sewers based on missing mortar and fallen bricks observed from televised videos. The program identified sewers in need of rehabilitation located on Oak Street, Fell Street, Cole Street, Divisadero Street, Stanyan Street, and 7th Avenue; and

WHEREAS, On December 13, 2022, by Resolution No. 22- 0210, the Commission awarded Contract No. WW-724, Panhandle and Inner Sunset Large Sewer Rehabilitation to D’Arcy & Harty Construction, Inc.; and

WHEREAS, The original contract amount was for $9,937,355 and the original contract duration was 515 consecutive calendar days; and

WHEREAS, The contract Notice-to-Proceed date was March 13, 2023; and

WHEREAS, Staff recommends approval of Modification No. 1 (Final) to decrease the contract amount by $3,801,235, for a total contract amount of $6,136,120, with no change to contract duration, to reduced scope from the Contract and to adjust the final contract amount to the value of actual contract quantities completed; and

WHEREAS, Contractor, D’Arcy & Harty Construction, Inc., has completed its work under Contract No. WW-724, Panhandle and Inner Sunset Large Diameter Sewer Rehabilitation; and

WHEREAS, Contract Monitoring Division established a Local Business Enterprise (LBE) subcontracting participation requirement of 4% for this contract, and the contractor committed to LBE participation of 6.55% with its bid submittal, and contractor made a good faith effort to comply with the LBE subcontracting requirements by achieving 7.16% final LBE subcontractor participation for this Contract; and

WHEREAS, Funds are available from Project No. 10034178- 3, Panhandle and Inner Sunset Large Diameter Sewer Rehabilitation; now, therefore, be it

RESOLVED, That this Commission hereby a ccepts work performed by D’Arcy & Harty Construction, Inc., under Contract No. WW -724, Panhandle and Inner Sunset Large Diameter Sewer Rehabilitation ; approves Modification No. 1 (Final) decreasing the contract amount by $3,801,235, for a total contract amount of $6,136,120, and a total contract duration of 515 consecutive calendar days; and authorizes final payment to contractor.

I hereby certify that the foregoing resolution was adopted by the Public Utilities Commission at its meeting of September 24, 2024.

Director of Commission Affairs
San Francisco Public Utilities Commission

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