DEPARTMENT
Infrastructure Division
AGENDA NO.
9 MEETING DATE
October 22, 2024
AGENDA ITEM
Public Utilities Commission
City and County of San Francisco
Calendar: Regular Calendar
Project Manager: Barbara Palacios
Accept Closeout, Approve Modification, and Authorize Final Payment for Contract WD- 2797, San Francisco Westside Recycled Water Pump Station and Reservoir
Summary of
Proposed
Commission Action:
Accept work performed by JMB Construction under Contract No. WD-2797, San Francisco Westside Recycled Water Pump Station and Reservoir; approve Modification No. 19 (Final) increasing the contract amount by $5,194, within the approved contingency amount, for a final contract amount of $18,206,751 , and increasing the contract duration by 236 consecutive calendar days, within the approved contingency duration, for a final contract duration of 1,845 consecutive calendar days (approximately five years), to complete punch list work associated with the P acific Gas and E lectric Company power service to the facility and to finalize closeout documentation; and authorize final payment to the contractor.
Background: The 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.
The Westside Recycled Water Pump Station and Reservoir (Contract No.
WW-2797) is one of the four major construction contracts of the Westside Enhanced Water Recycling Project, which also includes the construction of approximately 7.7 miles of new recycled water pipeline (Contract No. WD - 2798), a new recycled treatment facility within the Oceanside Plant (Contract No. WD-2776), and retrofits of the irrigation systems in Golden Gate Park and Lincoln Park Golf Course (Contract No. WD-2852R).
On April 23, 2019, by Resolution No. 19- 0078, this Commission awarded Contract No. WD -2797, San Francisco Westside Recycled Water Pump Station and Reservoir, to JMB Construction in the amount of $15,633,200 and for a duration of 690 consecutive calendar days.
On June 8, 2021, by Resolution No. 21-0091, this Commission approved an increase of $500,000 to the construction cost contingency and an increase of 275 consecutive calendar days to the duration contingency, to address schedule and cost impacts due to COVID -19, allowing for a total contract Agenda Title: WD-2797, San Francisco Westside Recycled Water Pump Station and Reservoir Commission Meeting Date: October 22, 2024
amount of up to $17,696,520 and a total contract duration of up to 1,034 consecutive calendar days.
On April 12, 2022, by Resolution No. 22-0068, this Commission approved an increase of $500,000 to the construction cost contingency, and an increase of 300 consecutive calendar days to the duration contingency, to address continued impacts due to COVID -related delays in equipment and material deliveries, additional changes to electrical and fire systems for code compliance, and installation of an interim power supply due to lack of Pacific Gas and Electric Company ( PG&E) power, allowing for a total contract amount of up to $18,196,520, and a total contract duration of up to 1,334 consecutive calendar days.
On February 14, 2023, by Resolution No. 23-0030, this Commission approved an increase of $200,000 to the construction cost contingency and an increase of 180 consecutive calendar days to the duration contingency, to address on- going schedule and cost impacts due to COVID -related delays in equipment and material deliveries, and additional challenges to start- up testing due to lack of a permanent PG&E power source, allowing for a total contract duration of up to 1,514 consecutive calendar days, and a total contract amount of up to $18,396,520.
On January 23, 2024, by Resolution No. 24-0012 this Commission approved an increase of 300 consecutive calendar days to the existing duration contingency, for the completion of punch list work associated with the PG&E power service to the facility, allowing for a total contract duration of up to 1,814 consecutive calendar days, and no change to the contract amount.
Scope of Contract: The con tract work is located in Golden Gate Park in San Francisco. The contract work consists of:
• Construction of a buried 840,000-gallon reinforced concrete reservoir and an above-ground pump station.
• The new pump station includes vertical turbine pumps, hydropneumatic tanks, associated pipelines, valves, ventilation, electrical, and instrumentation and control systems, for a fully operational system.
• Yard piping including construction of a pipe manifold to connect the new reservoir to the existing Recreation and Parks Department (RPD) reservoir.
• Temporary relocation of RPD’s wood chipping and compost operation to the West End dump.
• New permanent fencing and access gate, with associated site restoration including replanting.
Modifications to the
Contract:
Modifications Nos. 1 to 18: Staff issued Modification Nos. 1 -18, increasing the contract amount by $2,568,357 and increasing the contract duration by 919 consecutive calendar days, in accordance with Resolution Nos. 21-0091, 22- Agenda Title: WD-2797, San Francisco Westside Recycled Water Pump Station and Reservoir Commission Meeting Date: October 22, 2024
0068, 23-0030, and 24 -0012, to address additional costs associated with unanticipated hazardous materials off -haul and disposal, additional costs associated with the temporary relocations of the RPD chipping operation, changes to instrumentation and control hardware and programming including integration with the recycled water treatment facility control system, additional work on both the security and fire safety systems, addition of a new communications antenna, additional field piping and excavation work due to utility conflicts and other unforeseen conditions, installation of a temporary power supply, and other misc ellaneous structural, mechanical, architectural, and electrical changes, and to address delays associated with COVID -19, for a total contract amount of $18,201,557, and a total contract duration of 1,609 consecutive calendar days.
Proposed Modification No. 19 (Final): Staff recommends Commission authorization to increase the contract amount by $5,194, within the cost contingency approved under Resolution No. 23 -0030, for a total contract amount of $18,206,751, and increase the contract durat ion by 236 calendar days (which includes previously approved duration contingency of 205 calendar days and an additional 31 calendar days), for a total contract duration of 1,845 consecutive calendar days, to allow for the completion of punch list work associated with the PG&E power service to the facility and to finalize closeout documentation.
Funding and Costs: Funding Source: Water Enterprise Capital Improvement Program Project No. 10015242, Westside Enhanced Water Recycling Project
Original Contract Amount: $15,633,200
Modifications Nos. 1 to 18 Amount: $2,568,357
Requested Modification No. 19 (Final) Amount: $5,194
Total Final Contract Amount: $18,206,751
Schedule: Notice-to-Proceed Date: July 1, 2019
Original Contract Duration: 690 consecutive calendar days Modifications 1 to 18 Duration: 919 calendar days
Requested Modification No. 19 (Final) Duration: 236 calendar days Total Final Contract Duration: 1,845 consecutive calendar days
Local Business
Enterprise
Utilization and Non-
Discrimination in
Contracting:
The Contract Monitoring Division (CMD) established a 17% Local Business Enterprise (LBE) subcontracting requirement for this contract. The contractor committed to 25.17% LBE participation with its bid submittal.
CMD has determined that the Contractor complied with its LBE subcontracting requirement by achieving a final LBE participation of 26.35%.
Attachment: 1. CMD Monitoring Division Memorandum
Agenda Title: WD-2797, San Francisco Westside Recycled Water Pump Station and Reservoir Commission Meeting Date: October 22, 2024
Figure – Westside Enhanced Water Recycling Project
WD-2797 Westside
Recycled Water Pump
Station and Reservoir
PUBLIC UTILITIES COMMISSION
City and County of San Francisco
RESOLUTION NO.
WHEREAS, The San Francisco Public Utilities Commission (SFPUC) constructed the Westside Recycled Water Pump Station and Reservoir under Contract WD-2797, one of the four major construction contracts of the 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 at the Oceanside Plant (Contract No. WD -2776), and the construction of irrigation retrofits in Golden Gate Park and Lincoln Park Golf Course (Contract No. WD -2852R). The purpose of the Westside Enhanced Water Recycling Project is to (1) create a new recycled water supply of up to two (2) 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 April 23, 2019, by Resolution No. 17-0108, the Commission awarded Contract No. WD-2797, San Francisco Westside Recycled Water Pump Station and Reservoir, to JMB Construction; and
WHEREAS, The original contract amount was for $15,633,200 and the original contract duration was 690 consecutive calendar days; and
WHEREAS, The construction contract Notice-to-Proceed date was July 1, 2019; and
WHEREAS, On June 8, 2021, by Resolution No. 21-0090, this Commission approved an increase of $500,000 to the existing cost contingency and an increase of 275 calendar days to the contract duration contingency, allowing for a total revised contract amount of up to $17,696,520 and a total revised contract duration of up to 1,034 consecutive calendar days; and
WHEREAS, On April 12, 2022 by Resolution No. 22-0068, the Commission approved an increase of $500,000 to the existing contract contingency and an increase of 300 calendar days to the contract duration contingency, allowing for a total contract amount of up to $18,196,520 and a total contract duration of up to 1,334 consecutive calendar days; and
WHEREAS, On February 14, 2023 by Resolution No. 23-0030, the Commission approved an increase of $200,000 to the existing contract contingency and an increase of 180 calendar days to the contract duration contingency, allowing for a total contract amount of $18,396,520 and a total contract duration of 1,514 consecutive calendar days; and
WHEREAS, On Ja nuary 23, 2024 by Resolution 24- 0012, the Commission approved an increase of 300 calendar days to the contract duration contingency, allowing for a total contract duration of up to 1,814 consecutive calendar days, with no change to the contract cost contingency; and
WHEREAS, Modifications Nos . 1 through 18 increased the Contract amount by $2,568,357 and increased the contract duration by 919 consecutive calendar days for a total contract amount of $18,201,557 and a total contract duration limit of 1,609 consecutive calendar days; and
WHEREAS, Staff recommends the Commission approve Modification No. 19 (Final) to increase the contract amount by $5,194, for a total contract amount of $18,206,751, and increase the contract duration by 236 calendar days for a final contract duration of 1,845 consecutive calendar days, to allow for the completion of punch list work associated with the Pacific Gas and Electric Company power service to the facility and to finalize closeout documentation; and
WHEREAS, The Contract Monitoring Division determined that the Contractor complied with the established Local Business Enterprise subcontracting requirement of 17% by achieving a final Local Business Enterprise subcontractor participation of 26.35%; and
WHEREAS, Funds are available from Project No. 10015242, Westside Enhanced Water Recycling Project; now, therefore be it
RESOLVED, That this Commission hereby accepts the work performed by JMB Construction under Contract No. WD -2797, San Francisco Westside Recycled Water Pump Station and Reservoir ; approves Modification No. 19 (Final) increasing the contract amount by $5,194, for a final contract amount of $18,206,751, and increasing the contract duration by 236 calendar days, for a final contract duration of 1,845 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 October 22, 2024.
Director of Commission Affairs
San Francisco 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: August 30, 2024
To: Barbara Palacios, SFPUC
From: Jovi Cuntapay-Vitin on behalf of Adriana Duran, CMD
Subject: Closeout for WD-2797 – San Francisco Westside Recycled Water Pump Station and Reservoir - CMD Memo
The Contract Monitoring Division (“CMD”) has determined that JMB Construction Inc. (“JMB”), the Prime Contractor, 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 17%. The Prime’s Document 00 43 36 reflected an LBE subcontracting participation of 25.17%.
JMB was awarded the contract in the amount of $15,633,200.00. The final contract amount for this contract is $18,206,750.23. JMB’s LBE subcontracting participation at closeout is as follows:
LBE Firm Scope of Work LBE Status
Original
Credited
Participation
Final Credited Participation
Amount Percent
SF Roofing
Services Roofing SF LBE
MBE (Micro) 0.40% $ 71,115.00 0.39%
Cal-Con Pumping
Inc.
Concrete
Pumping Service
SF LBE
WBE (Micro) 0.45% $ 0.00 0.00%1
Fontenoy
Engineering
Items 12,13,24
(all partial)
SF LBE
OBE (Micro) 9.74% $ 1,696,804.00 9.32%
RK Engineering
Inc.
Item 25, 28 (all
partial)
SF LBE
OBE (Micro) 3.54% $ 637,396.10 3.50%
Team North Trucking (partial)
SF LBE
WBE
(Small)
0.00% $0.00 0.00%2
Liffey Electric
Electrical,
Instrumentation
Security
SF LBE
OBE (Micro) 11.04% $ 2,392,191.04 13.14%
Bauman
Landscape &
Construction Inc
Concrete
Pumping
SF LBE
OBE (Small) -- $ 0.00 0.00%3
TOTAL LBE Subcontractor Participation 25.17% $ 4,797,506.14 26.35% 1 At the onset of the contract, Cal -Con Pumping Inc. (“Cal -Con”) closed out of business. Hence, Bauman Landscape a& Construction Inc. (“Bauman”), an LBE sub, was added to the contract to substitute Cal -Con Pumping Inc. in performing Concrete Pumping Service for this contract.
2 Team North was not CMD certified for trucking scope of work at the time of bid. Hence, no LBE credit will be given towards any trucking work performed by Team North for this contract.
3 Bauman Landscape & Construction Inc. was added to the contract to perform the Concrete Pumping Service work from Cal- Con. However, Bauman does not have the capacity to provide the amount of concrete that the project needs.
CMD Contract Compliance Officer checked and inquired about the shortfall for Cal -Con. Per Prime and confirmed by SFPUC, Cal-Con was not utilized on this project because they went out of business before the project started. The LBE subcontractor did not res pond to the Prime Contractor’s repeated communication attempts via phone and emails. Cal-Con’s contractor’s license had also expired. Discussions were made with the SFPUC and CMD and found an alternative LBE sub to perform Cal-Con's scope which is another LBE firm, Bauman Landscape & Construction Inc . However, Bauman does not have the capacity to provide the amount of concrete that the project needs. Hence, the Prime utilized RK Engineering instead to ensure that the work will still be performed by an LBE. This is to assure that the LBE commitment will be met or exceeded at closeout.
Further, CMD Contract Compliance Officer checked with the Prime and SFPUC regarding San Francisco Roofing Services’, RK Engineering Inc.’s and Fontenoy Engineering’s LBE participation shortfall. This firm’s participation fell short because the amount of work completed was less than the anticipated or original bid amount.
Furthermore, JMB is required to make good faith efforts to utilize LBE’s participati on for any scopes of work, or portions thereof, which can reasonably be subcontracted throughout the life of the project. Considering this requirement, JMB performed good faith efforts/outreach to LBE subcontractors in order to minimize the aforementioned predicament that almost impacted its overall LBE commitment.
Lastly, to recover and maximize LBE subcontracting participation on this project, JMB increased the participation of a listed subcontractor – Liffey Electric – to make up for the shortfalls.
Overall, JMB was able to exceed its overall LBE Participation commitment at a final closeout percentage of 26.35% instead of 25.17%.
Based on the foregoing, CMD concurs with the closeout of this contract. Should you have any questions, please do not hesitate to contact [email protected].