DEPARTMENT
Infrastructure Division
AGENDA NO. 8c
MEETING DATE
October 22, 2024
AGENDA ITEM
Public Utilities Commission
City and County of San Francisco
Calendar: Consent Calendar
Project Manager: Alisha Reinhardt
Award Contract No. WD-2906, Town of Sunol Pipeline Replacement at Arroyo de la Laguna Creek
Summary of
Proposed
Commission Action:
Award Contract No. WD-2906, Town of Sunol Pipeline Replacement at Arroyo de la Laguna Creek, to the responsible bidder that submitted the lowest responsive bid, Mitchell Engineering, in the amount of $4,789,385 and with a duration of 605 consecutive calendar days (approximately one year and eight months), to replace a section of 12-inch diameter water main located in Sunol, CA.
Background: The San Francisco Public Utilities Commission ( SFPUC) has replaced most of the Town of Sunol pipeline system. This proj ect will complete the replacement of the last segment of the system by replacing the section of pipeline that crosses the Arroyo de la Laguna Creek and Sunol Glen School.
The pipeline provides both the potable water and water for fire suppression to the Town of Sunol.
The scope of work for this contract is to install a new section of 12 -inch diameter ductile iron water main and appurtenances crossing the Arroyo de la Laguna Creek. This work helps to ensure the Town of Sunol’s water system reliability by replacing a vulnerable segment of the water supply pipeline and reducing the risk of a main break in this environmentally sensitive location.
Scope of Contract: The contract work location is in Sunol, CA.
The contract work consists of:
• Replacement of approximately 495-feet of 12-inch diameter pipeline, • Open cut trench across the Arroyo de la Laguna Creek, • Creek restoration and tree removal within the pipeline alignment, and • Removal of existing pipeline within the creek from bank to bank.
Funding and Costs: Funding Source: Project No. 10033818, Town of Sunol Pipeline Engineer’s Estimate: $5,500,000
Award Amount: $4,789,385
Schedule: Estimated Notice-to-Proceed Date: April 2025
Estimated Completion Date: October 2026
Agenda Title: WD-2906, Town of Sunol Pipeline Replacement at Arroyo de la Laguna Creek Commission Meeting Date: October 22, 2024
Contract Duration: 605 consecutive calendar days (approximately one year and eight months) (425 consecutive calendar days to Substantial Completion and an additional 180 consecutive calendar days to Final Completion)
Bid History: Advertised: May 16, 2024
Bids Received: SFPUC received sealed bids from two firms on July 11, 2024, as follows:
Bid Rank Bid
Amount
Bid
Discount
Compensable
Delay
(30 days)
Adjusted
Bid
Final
Rank
1. Mitchell
Engineering $4,789,385 5% $15,000 $4,564,916 1
2. Anvil
Builders Inc $4,924,300 Not
eligible $30,000 $4,954,300 2
Because the SFPUC anticipates that potential unforeseen conditions or other factors outside of the contractor’s control may impact the schedule, Staff included a requirement in the Invitation for Bids for bidders to provide a daily compensable time extension rate. At the bi d opening, Staff announced that SFPUC would use the value of a 30-day compensable delay to calculate the Compensable Delay amount bid adjustment. Staff used the daily rate in each bid to determine the total Compensable D elay value shown in the table by multiplying the bidder’s daily rate time s 30. The Adjusted Bid value in the table is the sum of the Base Bid and Compensable Delay less any applicable bid discount. Staff used the Adjusted Bid value to compare and rank the bids to determine the lowest bidder. However, the contract award amount is the Base Bid value (not the Adjusted Bid value) and, if the Commission awards the Contract, the bidder’s daily compensable delay rate will become a term of the Contract.
Application of San Francisco Administrative Code Chapter 14B bid preferences did not change the final ranking of the low bidder.
Environmental
Review:
On October 30, 2008, by Motion No. 17734, the Planning Commission certified the Final Program Environmental Impact Report (Program EIR) for the Water System Improvement Program (Case No. 2005.0159E). On October 30, 2008, by Resolution No. 08- 0200, this Com mission approved the W ater System Improvement Program and adopted findings and a Mitigation Monitoring and Reporting Program, as required by the California Environmental Quality Act (CEQA).
On September 20, 2012, the Planning Commission, by Motion No. 18705, certified the Final Environmental Impact Report (Final EIR) for the San Antonio Backup Pipeline Project (Case No. 2007.0039E), which is tiered from the Program EIR. On September 25, 2012, by Resolution No. 12-0174, this Commission approved the San Antonio Backup Pipeline Project and Agenda Title: WD-2906, Town of Sunol Pipeline Replacement at Arroyo de la Laguna Creek Commission Meeting Date: October 22, 2024
adopted findings and a Mitigation Monitoring and Reporting Program , as required by the CEQA.
On October 25, 2023, the San Francisco Planning Department issued an Addendum to the Final EIR (Case No. 2007.0039ENV-03) evaluating the Project to replace an approximately 495-foot- long segment of the existing water distribution pipeline that provides potable and firefighting water to the Town of Sunol and prepared a refined Mitigation Monitoring and Reporting Program for the Project.
On September 10, 2024, by Resolution No. 24-0192, this Commission adopted the refined Mitigation Monitoring and Reporting Program and approved the purchase of a pipeline easement for the Project.
The work under Contract No. WD-2906, Town of Sunol Pipeline Replacement at Arroyo de la Laguna Creek, is within the scope of the Project authorized under the Final EIR and Addendum.
The Program EIR, CEQA findings and Mitigation Monitoring and Reporting Program can be found here:
https://sfpuc.sharefile.com/public/share/web-
s900e4c6c46e34ba69218daf216a6f594
The Final San Antonio Backup Pipeline Project EIR, Resolution No. 12- 0174, CEQA findings, Mitigation Monitoring and Reporting Program, EIR Addendum with refined Mitigation Monitoring and Reporting Program, and Resolution No. 24- 0192 can be found here:
https://sfpuc.sharefile.com/public/share/web-
s2faa9880fda540b38874f922219369b2
Local Business
Enterprise
Utilization and Non-
Discrimination in
Contracting:
The Contract Monitoring Division established a 10% Local Business Enterprise (LBE) subcontracting requirement for this contract. The contractor committed to 10.04% LBE participation with its bid submittal.
Attachment(s): 1. Contract Monitoring Division Memorandum Agenda Title: WD-2906, Town of Sunol Pipeline Replacement at Arroyo de la Laguna Creek Commission Meeting Date: October 22, 2024
LOCATION MAP
PUBLIC UTILITIES COMMISSION
City and County of San Francisco
RESOLUTION NO.
WHEREAS, The San Francisco Public Utilities Commission (SFPUC) Water Enterprise has identified the critical need for replacement of a portion of the Town of Sunol Pipeline located in Sunol; and
WHEREAS, On May 16, 2024, SFPUC advertised Contract No. WD-2906, Town of Sunol Pipeline Replacement at Arroyo de la Laguna Creek; and
WHEREAS, The Engineer’s Estimate is $ 5,500,000 for this contract work to replace a section of a 12-inch diameter water main; and
WHEREAS, The contract duration is 605 consecutive calendar days; and
WHEREAS, On July 11, 2024, SFPUC received and publicly opened two bids; and
WHEREAS, SFPUC staff and Contract Monitoring Division review ed the bids and the application of bid preferences and have determined that Mitchell Engineering is the responsible bidder that submitted the lowest responsive bid; and
WHEREAS, Contract Monitoring Division established a 10% Local Business Enterprise (LBE) subcontracting requirement for this contract, and Mitchell Engineering committed to
10.04% LBE participation in its bid submittal; and
WHEREAS, On October 30, 2008, by Motion No. 17734, the Planning Commission certified the Final Program Environmental Impact Report (Program EIR) for the Water System Improvement Program (Case No. 2005.0159E) and on October 30, 2008, by Resolution No. 08- 0200, this Commission approved the Water System Improvement Program and adopted findings and a Mitigation Monitoring and Reporting Program, as required by the California Environmental Quality Act (CEQA); and
WHEREAS, On September 20, 2012, the Planning Commission, by Motion No. 18705, certified the Final Environmental Impact Report (Final EIR) for the San Antonio Backup Pipeline Project (Case No. 2007.0039E), which is tiered from the Program EIR and on September 25, 2012, by Resolution No. 12-0174, this Commission approved the San Antonio Backup Pipeline Project and adopted findings and a Mitigation Monitoring and Reporting Program, as required by the CEQA; and
WHEREAS, On October 25, 2023, the San Francisco Planning Department issued an Addendum to the Final EIR (Case No. 2007.0039ENV-03), which evaluates the Project to replace an approximately 495-foot-long segment of the existing water distribution pipeline that provides potable and firefighting water to the Town of Sunol and on September 10, 2024, by Resolution No. 12-0174, this Commission adopted a refined Mitigation Monitoring and Reporting Program and approved the purchase of a pipeline easement for the Project; and
WHEREAS, The work under Contract No. WD-2906, Town of Sunol Pipeline Replacement at Arroyo de la Laguna Creek, is within the scope of the Project authorized under the Final EIR and Addendum; and
WHEREAS, The San Francisco Planning Department is the custodian of records, located in File No. 2007.0039E and Modified File No. 2007.0039ENV-03, at 49 South Van Ness Avenue, Suite 1400, San Francisco, California, 94103, which have been made available for review by this Commission and the public, and those files are part of the record before this Commission; and
WHEREAS, Staff has made t he Project files, including the Program EIR, Final EIR, Resolution No. 12- 0174, CEQA findings, and Mitigation Monitoring and Reporting Program, Resolution No. 24-0192 , and Final EIR Addendum with refined Mitigation Monitoring and Reporting Program available for review by this Commission and the public, and thos e files are part of the record before this Commission; and
WHEREAS, This Commission has reviewed and considered the information contained in the Program EIR, Final EIR, the CEQA findings contained in SFPUC Resolution No. 12-0174 and Resolution No. 24-0192, the Addendum to the Final EIR with refined Mitigation Monitoring and Reporting Program, and all written and oral information provided by the Planning Department, the public, relevant public agencies, SFPUC and other experts and the administrative files for the Project; and
WHEREAS, Funds are available from Project No. 10033818, Town of Sunol Pipeline ; now, therefore, be it
RESOLVED, This Commission has reviewed and considered the Program EIR, Final EIR, and the Addendum to the Final EIR and the record as a whole, and finds that the Final EIR and Addendum to the Final EIR are adequate for its use as the decision–making body for the Project and that no subsequent or supplemental environmental review is required, and incorporates the CEQA findings contained in Resolution No. 12-0174 and Resolution No. 24-0192 by this reference thereto as though set forth in this Resolution; and, be it
FURTHER RESOLVED, This Commission further finds that since the Program EI R and Final EIR as modified by the Addendum were finalized , there have been no substantial project changes and no substantial changes in project circumstances that would require major revisions to them due to the involvement of new significant environmental effects or an increase in the severity of previously identified significant impacts, and there is no new information of substantial importance that would change the conclusions set forth in them; and, be it
FURTHER RESOLVED, That this Commission hereby awards Contract No. WD-2906, Town of Sunol Pipeline Replacement at Arroyo de la Laguna Creek, in the amount of $4,789,385, and a duration of 605 consecutive calendar days, to the responsible bidder that submitted the lowest responsive bid, Mitchell Engineering.
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) 554-0630
MEMORANDUM
Date: September 24, 2024
To: Alisha Reinhardt, SFPUC
Gary Hom, SFPUC
From: Jovi Cuntapay-Vitin on behalf of Jason Chow, CMD
Subject: CMD Award Memo for WD-2906 - Town of Sunol Pipeline Replacement at Arroyo de la Laguna Creek
The Contract Monitoring Division (“CMD”) has reviewed the bids submitted for the above referenced project, applied the appropriate bid discounts, and determined responsiveness to the Chapter 14B pre-award requirements. The LBE subcontracting participation requirement is 10% for this project. The LBE subcontracting participation requirement is below 20% due to the location of the project, approximately 50 miles outside of San Francisco. Also, an LBE outreach was performed. The results of the outreach efforts shows that there is limited LBE availability to perform the work on this project. Below is a summary of CMD’s review.
Bid Discount
Bidder LBE Status,
Type and Size Base Bid
Compensable
Delay
(30 days)
LBE Bid
Discount
Adjusted Bid
with Compensable
Delay & LBE
Bid Discount
Mitchell
Engineering
SBA-LBE (OBE) $4,789,385.00 $15,000.00 5% $4,564,915.75 Anvil Builders
Inc.
Non-LBE $4,924,300.00 $30,000.00 Not
eligible
$4,954,300.00
LBE Subcontracting Participation Requirement
Mitchell Engineering (“Mitchell Engineering”) is the lowest responsive bidder. Mitchell Engineering met the 10% LBE subcontracting requirement by listing the following LBE firms on Section 00 43 36 (Subcontractor List):
Subcontractor Scope of Work
LBE Status,
Type and
Size
Listed
Amount
Credited Participation
Amount %
CATMEX
Maintenance
Landscaping
(Partial)
SF LBE-MBE
(Micro) $ 237,812.40 $ 237,812.40 4.97%
Team EES Inc Fencing (Partial)1 PUC LBE-OBE
(Micro) $ 57,518.70 $ 57,518.70 1.20%
Mitchell Engineering did not list any non-LBE subcontractor on Section 00 43 36.
Good Faith Efforts Requirements
Mitchell Engineering utilized Approach C (Good Faith Negotiation) on CMD Form 2B to meet the Good Faith Efforts (“GFE”) Requirements. Mitchell Engineering demonstrated that it met the GFE requirements under Approach C by achieving at least 50 points.
Based on the foregoing, CMD has determined that Mitchell Engineering has complied with the pre-award Chapter 14B requirements. Should you have any questions, or if I can be of further assistance, please do not hesitate to contact me at [email protected].
Mike O'Dell
Surveys
Surveying
(Partial)
SF LBE-OBE
(Micro) $ 75,000.00 $ 75,000.00 1.57%
Ricardo Marrun
Construction
Concrete
(Partial)
SF LBE-MBE
(Micro) $ 85,340.33 $ 85,340.33 1.78%2
RES Engineers
Inc.
Quality Control
(Partial)
SF LBE-MBE
(Small) $ 25,000.00 $ 25,000.00 0.52%
TOTAL $ 480,671.43 $ 480,671.43 10.04%
1 Mitchell Engineering indicated in Section 00 43 36 that Team EES, Inc. will perform Fencing (partial). However, upon submission of CMD Form 6, Team EES, Inc.’s scope of work consists of: Wildlife Exclusion Fencing, Erosion Control, and Hydroseeding. 2 Ricardo Marrun Construction (“RNC”) will further sub out to C&N Reinforcing Inc. (“C&N”) to perform installation of rebar amounting to $11,974.00. C&N is a CMD certified San Francisco Micro LBE with a certification under Reinforcing Steel (C -50) category. Hence, C&N’s participation will be given LBE credit.