AGENDA ITEM Public Utilities Commission City and County of San Francisco

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1 San Francisco Water Power Sewer Services of lhn San Froncisco Public UWitiea Ccmmolon AGENDA ITEM Public Utilities Commission City and County of San Francisco DEPARTMENT Infrastructure Division Project Management Bureau AGENDA NO. 9e MEETING DATE May 24, 2011 Construction Closeout with Modification: Consent Calendar Project Manager: Chris Nelson Contract No. WD-2597, Closeout with Modification, Lawrence Livermore Laboratory & Phase II Thomas Shaft Improvement Proiect Summary of Proposed Commission Action: Accept work performed by NTK Constmction, Inc., for Water Enterprise, Water System Improvement Program-funded Contract No. WD-2597, Lawrence Livermore and Phase II Thomas Shaft Improvement Project; approve Modification No. 9 (Final) to address for unanticipated conditions encountered during facility testing and start-up, increasing the contract by $67,784, for a total contract amount of $3,440,719 and extend it by 162 consecutive calendar days, for a total contract duration of 563 consecutive calendar days; and authorize final payment, to the contractor in the amount of $186,625. Background & Description of Scope of Work: Background: Pursuant to an agreement established in June of 1960 with the United States Department of Energy (DOE, then the Atomic Energy Commission) the San Francisco Public Utilities Commission (SFPUC) serves water to certain facilities in Alameda County. A recent modification of this contract in the Spring 2010 provides for water service to federal facilities from the Thomas Shaft Chlorination Station on the Coast Range Tunnel. This Water System Improvement Program (WSIP) construction contract was issued to fulfill the SFPUC's obligations under the agreement with the DOE by furnishing a new ultra violet water treatment process and other improvements at the Thomas Shaft Chlorination Station. Description of Scope of Work: The Thomas Shaft Chlorination Station is located in San Joaquin County about 3 miles southwest of the City of Tracy. The scope of the construction contract serves the goals of assuring the quality of water served to the federal facilities as well as the seismic and operational reliability of the APPROVAL DEPARTMENT/ BUREAU COMMISSION SECRETARY FINANCE Todd L. Rydstrom Housh SSS& Ed Harrington

2 Contract: WD-2547, Vista Francisco Pump Station Upgrade Commission Meeting Date: May 24, 2011 Thomas Shaft Chlorination station by providing: Two 30-horse power submersible well pumps; 300 gallon-per-minute UV disinfection system; Replacement of the tunnel water sampling system replacement; Replacement of the Thomas Vent Shaft enclosure; and, Fencing, paving and drainage upgrades. Changes to the Contract under Modifications: The original contract amount was $3,044,700 and the original contract duration was 290 consecutive calendar days. Modification No. 1 was issued on December 28, 2009, for ($1,479) to compensate for changes in concrete slab demolition work and fiberglass platform installation, decreasing the total contract amount to $3,043,221. Modification No. 2 was issued on February 19, 2010, for $2,738 to improve visibility at the facility's highway access point and to provide a backflow prevention device, which was omitted from the design, increasing the total contract amount to $3,045,959. Modification No. 3 was issued on April 16, 2010, for $27,053 to provide bird netting to prevent nesting activity at the project site and safety upgrades to equipment access design and power supply facilities omitted from the design, increasing the total contract amount to $3,073,012. Modification No. 4 was issued on May 25, 2010, for $9,037 to address errors and omissions in facilities piping design and to provide time for extended review of the contractor's Ultra Violet (UV) System by the California Department of Public Health, increasing the contract total amount to $3,082,049, and extending the contract by 55 consecutive calendar days for a total contract duration of 345 consecutive calendar days. Modification No. 5 was issued on July 1, 2010, for $33,693 to address unanticipated drainage conditions, electrical equipment location conflicts and site access requirements, increasing the total contract amount to $3,115,742. Modification No. 6 was issued on July 27, 2010, for $50,487 to address accessibility code requirements, and roof hatch and utility piping changes, increasing the total contract amount to $3,166,230. Modification No. 7 was issued on September 3, 2010 for $253,394 to address errors and omissions in the contract controls design, increasing the total contract amount to $3,419,624 and extending the contract by 56 consecutive calendar days for a total contract duration of 401 consecutive calendar days. Modification No. 8 was issued on October 26, 2010 for ($46,688) to for address errors and omissions in the instrumentation design and wiring design and to adjust the contract amount for unused allowances, decreasing the total contract amount to $3,372,936.

3 Contract: WD-2547, Vista Francisco Pump Station Upgrade Commission Meeting Date: May 24, 2011 Changes to the Contract under this Final Modification Modification No. 9 (final): is being requested for $67,784 to repair tunnel water sampling equipment, which was determined to have been damaged during final testing by unanticipated tunnel flow conditions, increasing the contract amount to $3,440,719 and extending the time allowance for work 162 consecutive calendar days for a total contract duration of 563 consecutive calendar days. *A11 numbers have been rounded to the nearest dollar value. Result of Inaction: Budget & Costs: Schedule: Compliance With Chapter 14b: Local Business Enterprise (LBE) And Non- Discrimination In Contracting Ordinance: Recommendation: Attachments: A delay in closing out this contract will delay final payment to the contractor. Funding: within the Project No. CUW Lawrence Livermore Water Quality Improvement and Project No. CUW Lawrence Livermore Filtration Plant. Original Award Amount: $3,044,700 Modification No. 1 Amount: ($1,479) Modification No. 2 Amount: $2,738 Modification No. 3 Amount: $27,053 Modification No. 4 Amount: $9,037 Modification No. 5 Amount: $33,693 Modification No. 6 Amount: $50,487 Modification No. 7 Amount: $253,394 Modification No. 8 Amount: ($46,688) Modification No. 9 (final) Amount: $67,784 Total Contract Amount: $3,440,719 Notice-To-Proceed Date: August 26, 2009 Original Duration: 290 consecutive calendar days Modification No. 4 Duration: 55 consecutive calendar days Modification No. 7 Duration: 56 consecutive calendar days Modification No. 9 (final) Duration: 162 consecutive calendar days Total Duration: 563 consecutive calendar days The Human Rights Commission (HRC) Local Business Enterprise (LBE) subcontracting goal on this contract was 13%. By the end ofthe contract, NTK achieved a LBE participation of 30%. SFPUC staff recommends that the Commission adopt the attached resolution. 1. SFPUC Resolution 2. HRC memo

4 PUBLIC UTILITIES COMMISSION City and County of San Francisco RESOLUTION NO. WHEREAS, Construction has been completed for Water Enterprise, Water System improvement Program-funded Contract No. WD-2597, Lawrence Livermore Laboratory & Phase II Thomas Shaft Improvement Project, by the contractor, NTK Construction, Inc.; and WHEREAS, On July 14, 2009, by Resolution No , this Commission awarded Contract No. WD-2597, Lawrence Livermore Laboratory & Phase II Thomas Shaft Improvement Project, in the amount of $3,044,700, to the lowest, qualified responsible and responsive bidder, NTK Construction, Inc.; and WHEREAS, The construction contract Notice-To-Proceed date was set for August 26, 2009, with an original schedule of 290 consecutive calendar days and the contract work was completed in 563 consecutive calendar days on March 11, 2011; and WHEREAS, Modification No. 1 was issued for ($1,479) to compensate for changes in concrete slab demolition work and fiberglass platform installation, decreasing the contract amount to $3,043,220; and WHEREAS, Modification No. 2 was issued for $2,738 to improve visibility at the facility's highway access point and to provide a backflow prevention device, which was omitted from the design, increasing the contract amount to $3,045,959; and WHEREAS, Modification No. 3 was issued for $27,053 to provide bird netting to prevent nesting activity at the project site and safety upgrades to equipment access design and power supply facilities omitted from the design, increasing the contract amount to $3,073,012; and WHEREAS, Modification No. 4 was approved by this Commission on July 14, 2009 by Resolution No for $9,037 with a time extension of 55 consecutive calendar days to address errors and omissions in facilities piping design and to provide time for extended review of the contractor's UV System by the California Department of Public Flealth, increasing the contract amount to $3,082,049 and increasing the contract duration to 345 consecutive calendar days; and WHEREAS, Modification No. 5 was issued for $33,693 to address unanticipated drainage conditions, electrical equipment location conflicts and site access requirements, increasing the contract amount to $3,166,230; and WHEREAS, Modification No. 6 was issued for $50,487 to address accessibility code requirements, and roof hatch and utility piping changes, increasing the contract amount to $3,166,830; and WHEREAS, Modification No. 7 was approved by this Commission on August 10, 2010 by Resolution No , for $253,393 with a time extension of 56 consecutive calendar days to address correction of errors and omissions in the contract controls design, increasing the contract amount to $3,419,624 and increasing the contract duration to 401 consecutive calendar days; and

5 WHEREAS, Modification No. 8 was issued for ($46,688) to provide for address errors and omissions in the instrumentation design and wiring design and to adjust the contract amount for unused allowances, decreasing the contract amount to $3,372,936; and WHEREAS, Modification No. 9 is being requested for $67,784 to provide for the repair of tunnel water sampling equipment, increasing the contract amount to $3,440,719 and increasing the contract duration by 162 consecutive calendar days; and WHEREAS, The contractor has made a good faith effort to comply with the Human Rights Commission (HRC) subcontracting goals of 13% Local Business Enterprise (LBE) submitted for this contract; and WHEREAS, Funds are available from Project No. CUW Lawrence Livermore Water Quality Improvement and Project No. CUW Lawrence Livermore Filtration Plant; now, therefore, be it RESOLVED, That this Commission hereby accepts work performed for Water Enterprise Water, System improvement Program-funded Contract No. WD-2597, Lawrence Livermore Laboratory & Phase II Thomas Shaft Improvement Project; approves Modification No. 9 (Final), increasing the contract by $67,784 for a total contract amount of $3,440,719; and authorizes the final payment, in the amount of $186,625 to the contractor, NTK Construction, Inc. J hereby certify that the foregoing resolution was adopted by the Public Utilities Commission at its meeting of May 24, 2011 Secretary, Public Utilities Commission

6 City and County of San Francisco Edwin Lee Mayor Human Rights Commission Contract Compliance Dispute Resolution/Fair Housing San Francisco Disadvantaged Business Enterprise Program Lesbian Gay Bisexual Transgender & HIV Discrimination Theresa Sparks Executive Director MEMORANDUM Date: April 4, 2011 To: From: Subject: Chris Nelson Project Manager, PUC Bayard Fong Contract Compliance Officer, HRC Closeout for WD-2597 LLL and TS Improvement Project HRC staff has determined that the prime contractor, NTK Construction, Inc has complied with the Chapter 14B LBE subcontracting requirements. At the time the bid was advertised, the following LBE subcontracting goal was established: 13% LBE Subcontracting Goal Pursuant to NTK's HRC Form 2A, the following LBE subcontracting participation level was committed: 27.9% LBE participation The LBE participation achieved is 30% at the end of the contract. (See chart below) NTK was awarded a contract in the amount of $3,044,700. The final contract amount was $3,440,719. FIRM Brown Sheet Metal & Mechanical, Inc. Control Line Electric, Inc. Pump Repair Service Company Tom's Metal Specialist SERVICE HVAC Electrical Pump Removal & Install Miscellaneous Metal Original Contract $ 97, % $341, % $318, % $ 93, % LBE Contract Mod/Chang Order ($3,100) sub to a non- LBE ($5,641)owner chang/scp Final Contract $94, % $505, % $347, % $87, % TOTAL $850, % $1,035,436 30% R 25 Van Ness Avenue Suite 800 San Francisco California TEL (415) FAX (415) TDD (415) &

7 Page 2 April 4, 2011 WD-2597 Brown Sheet Metal was listed at bid time to perform HVAC services for $97,674. However, Brown utilized a non-lbe second tier sub contractor, National Air Balance, Inc. in the amount of $3,100 to perform air balancing services. HRC does not credit work performed by a non LBE who perform work under a listed LBE. Brown Sheet Metal's participation is $94,644 or 2.7%. Tom's Metal Specialist was listed at bid time to provide miscellaneous metal services in the amount of $93,100. The owner modified the specifications by requiring a fiberglass grate instead of a metal grate. Changes in scope by the owner that may result in a reduction of a LBE's participation are permitted under Chapter 14B guidelines. Although this represented a $40,000 reduction in Tom's participation, Tom's level of participation was made up thru additional work added during the job. Tom's Metal Specialist participation is $87,459 or 2.5%. HRC has determined that NTK complied with the Chapter 14B requirements. NTK listed LBEs to perform 27.9% of the construction work. NTK exceeded the LBE goal with an LBE participation of 30%. The role of the HRC with respect to post award contracts is to ensure that the LBE subcontracting participation goal is met and that LBE subcontractors received the appropriate payments. All other issues and concerns aside from the foregoing lay with the Department and/or the prime contractor. Based on the foregoing, HRC concurs with the closeout of this contract. Cc: N.Truax, HRC, Vng, SFPUC

SAN FRANCISCO MUNICIPAL TRANSPORTATION AGENCY

THIS PRINT COVERS CALENDAR ITEM NO. : 10.4 SAN FRANCISCO MUNICIPAL TRANSPORTATION AGENCY DIVISION: Capital Programs & Construction BRIEF DESCRIPTION: Authorizing the Director of Transportation to execute