►
Description
San Bruno City Council Meeting May 28, 2013
10c. Crestmoor Neighborhood Utility Replacement Project
A
Item
10c
dr.
resolution
authorizing
the
city
manager
to
execute
a
construction
contract
for
the
crestmore
glenview
neighborhood
reconstruction
phase,
three
utility
replacement
project
with
jmv
construction
inc
in
the
amount
of
six
million
four
hundred
and
seventy
three
thousand
three
hundred
and
ninety
nine
dollars
and
approving
a
construction
budget
of
nine
million.
Thirty
thousand
dollars,
one
thirty
thousand
one
hundred
and
fifty
dollars.
C
Sorry
about
that
item
before
you
tonight
is
the
award
of
the
crest
mo
reconstruction
phase,
three
utility
replacement
project
and
what
the
project
entails
is.
As
shown
up
here
on
the
screen.
The
area
in
green
apologize,
the
area
in
red,
is
the
phase
three
reconstruction
area.
We
recently
have
completed
the
phase
two
improvements,
which
is
the
area
shown
in
blue
there.
Those
improvements
were
the
underground,
all
the
underground,
wet
utilities
within
the
fire
damaged
area.
C
The
project
before
you
tonight
is
now
going
into
the
remaining
area
of
the
neighborhood
and
replacing
all
of
those
wet
utilities.
When
I
say
what
utilities
I'm
talking
about
sanitary
sewer,
water,
new
storm
drain
and
also
in
this
portion
of
the
project,
we're
adding
the
streetlight
conduits
for
the
future
street
light
replacement
recognizing
the
particular
sensitivity
of
this
neighborhood.
The
bid
documents
for
this
project
included,
beefed
up
project
qualifications
and
those
included
the
requirement
for
the
contractor
to
have
a
dedicated,
full
time
project,
superintendent,
a
dedicated
safety
officer
and
a
dedicated
community
liaison.
C
Additionally,
we
added
something
unique
in
this
project,
which
is
a
performance
bonus
and
that's
a
dollar
amount
of
sixty
thousand
dollars
performance
bonus
that
the
contractor
is
entitled
to
if
he
meets
certain
threshold
requirements
for
performance
during
the
contract
and
what
we've
done
is
we've
given
the
contractor
a
threshold
of
three
violations
of
these
special
conditions.
If
he
stays
below
three
violations,
he
will
be
awarded
that
performance
bonus.
Anything
above
that
he
will
not
be
awarded
the
performance
bonus.
C
We've
also
back
loaded
that
bonus
by
that
I
mean
he
will
receive
a
majority
of
the
bonus.
Forty
thousand
dollars
of
that
bonus
at
the
end
of
the
project
when
we
issue
the
notice
of
final
completion,
so
that
again,
that's
incentive
for
the
contractor
to
maintain
and
comply
with
these
conditions
throughout
the
life
of
the
contract.
C
So
we
advertise
the
project
in
March
of
this
year
and
open
bids
on
May.
Seventh,
we
received
six
bids
given
the
size
of
this
project,
the
engineer's
estimate
7.1
million
dollars
the
complexity,
as
well
as
the
special
conditions.
We
received
some
bids
from
contractors
that
don't
normally
bid
with
in
San
Bruno,
so
we
did
get
attention
of
many
of
the
large
contractors
within
area
the
low
bidder.
When
we
open
the
bids
was
jmb
construction
company,
their
bid
was
6.4
million
dollars.
C
That
was
about
nine
percent
below
the
engineer's
estimate
and
about
twelve
percent
below
the
second
bidder,
a
review
of
JM
B's
bid.
It
was
determined
to
be
responsive
and
mathematically
correct.
However,
two
questions
arose
regarding
their
safety
record
and
I'll.
Take
a
minute
to
go:
go
through
those
items
in
2008
jmb
had
an
incident
in
south
san
francisco
during
during
the
construction
of
a
sewer
project.
There
they
hit
a
2
inch
diameter,
pge
gas
distribution
line
that
required
immediate
evacuation
of
the
area
and
pge
coming
in
to
do
an
emergency
repair
of
that
line.
C
So,
in
light
of
these
concerns,
staff
performed
a
great
deal
of
additional
due
diligence
above
and
beyond
the
normal
reforma
project
review
that
that
we
do
as
part
of
that.
What
what
what
we
determined
was
the
2008
incident,
South
San
Francisco
with
the
gas
distribution
line.
That
was
actually
a
line
that
was
live,
but
it
was
to
an
abandoned
building
a
building
that
was
no
longer
used.
Jmb
performed
all
of
the
required
USA
underground
service
alert
notifications.
C
Unfortunately,
PG&E
missed
marking
that
line
because
it
was
to
a
building
that
was
not
occupied.
There
was
no
service
to
it.
Pge
acknowledged
that
that
was
their
oversight
and
that
it
was
not
j.
&Amp;
b's
fault
in
that
incident
regarding
the
2009
fatality,
osha,
fully
investigated
that
incident
jmb
was
fined.
Accordingly,
it
was
a
very
unfortunate
incident.
One
of
the
byproducts
of
that
was
J&B
completely
overhauled
their
safety
program
within
their
company.
They
hired
additional
safety
personnel,
including
a
veteran
of
25
years
in
the
safety
industry.
C
We
also
did
some
checking
with
PG&E
and,
although
PG
need
does
not
track
or
release
officially
results
of
contractor
incidences
with
their
underground
facilities.
We
were
told
by
pge
that
Jay
and
B's
incident
history
is
below
normal
for
underground
contractors
in
the
Bay
Area
and
that
their
construction
folks
consider
J&B
a
quote
good
contractor
end
quote:
we
also
performed
pretty
extensive
reference
checks
with
Jay
and
BS,
or
of
Jamie's
references
with
other
municipal
utilities.
C
They
all
checked
out
very
well.
They
got
high
praise.
In
fact,
at
least
two
of
the
other
agencies
said
that
if
they
could,
they
would
give
J&B
their
projects
exclusively
if
they
didn't
have
to
go
through
a
public
bid
process.
So
we
did
take
one
additional
step
and
last
week
held
a
pre-award
meeting.
What
jmb?
That's
something
that
we
normally
don't.
Do
we
normally
issue
a
notice
of
intent
to
award
the
bids,
which
starts
the
official
bid
protest
period
before
we
issued
that
notice
of
award
notice
of
intent
to
award.
C
We
wanted
to
sit
down
with
jmb
and
discuss
their
safety
programs,
reiterate
their
understanding
of
the
uniqueness
of
work
in
this
neighborhood
and
fully
discuss
the
city
and
the
neighborhood's
expectations
during
the
construction
process.
A
representative
of
J&B
is
here
this
evening
to
insert
any
questions
that
the
council
may
have
it.
Inclusion
of
this
presentation
as
well
in
summary,
on
this
project,
we've
taken
five
specific
measures
to
ensure
minimal
disruption
and
safety
of
the
neighborhood
during
construction.
C
We
included
a
substantial
performance
bonus
as
an
incentive
to
maintain
this
standard
of
care
throughout
the
project.
We
have
vetted.
This
contractors
qualifications
its
safety
program
in
references
very
thoroughly.
We
held
this
pre-award
meeting
that
I
just
described,
and
we
also
will
have
full
oversight
by
the
city
during
the
construction
of
this
project,
as
we
had
on
the
previous
project,
including
two
full
time,
on-site
inspectors
and
construction
engineers,
as
well
as
project
management.
C
The
public
contract
code
requires
agencies
to
award
contracts
to
the
lowest
responsible
and
responsive
bidder.
Staff
feels
comfortable
than
in
light
of
the
foregoing.
J
&
b's
bid
satisfies
these
requirements
and
recommends
that
the
city
council
authorized
the
award
of
this
contract
tonight
to
j
&
B
construction
in
terms
of
the
proposed
schedule.
If
the
council
Awards
the
contract
tonight,
we
will
hold
a
pre-construction
meeting
with
jmb,
most
likely
the
week
after
next
issue,
a
notice
to
proceed
to
the
mid
June
with
construction
starting
shortly
thereafter.
C
The
contract
is
200
working
days,
which
equates
to
about
10
months
a
little
lesson
10
months,
so
that
would
put
the
completion
out
about
March
first
of
2014.
The
next
phase
of
the
project
phase
4,
will
be
all
of
the
surface
improvements
in
the
neighborhood
when
I
say:
surface
improvements,
I'm
talking
about
repaving
the
streets,
reconstructing
the
curb
gutter
and
sidewalks,
putting
in
the
street
light
system
that
projects
currently
in
design.
The
plan
is
to
dovetail
that
construction
start
immediately
upon
the
completion
of
this
phase.
D
To
the
chair
ago,
I
thank
you
for
the
report.
I
know
extra
concern
and
care
was
taken
in
regards
to
this.
You
just
want
to
summarize
on
the
2008
incident
you
you
did
say
that
they
went
through
the
proper
process
put
in
a
us,
a
ticket
marked
and
either
via
white
paint
or
flags,
and
it
was
an
unfortunate
that
the
line
was
an
acknowledged
because
it
was
to
a
vacant
property
where
the
contractor
followed
all
protocol
correct.
D
What
I
need
to
understand
more
is
this
performance
about
the
bonus
so
I
understand.
There's
a
lot
of
extra
items
have
been
placed
upon.
That
is
probably
unprecedented
uncharacteristic,
but
obviously
this
is
a
unique
situation
for
us
and
it
takes
three
violations
in
order
for
the
sixty
thousand
dollars
not
to
be
awarded
at
the
conclusion
and
I'm
trying
to
understand
a
why
three
violations
to.
D
C
I
think,
in
terms
of
you
know
why
why
there's
a
bonus
again,
what
we
wanted
to
do
was
give
an
incentive
to
this
contractor
to
perform,
above
and
beyond
what
a
contract
was
required
to
do.
Unfortunately,
as
a
public
contract,
there
is
not
a
great
deal
of
leverage
that
we
have
over
a
contractor
in
terms
of
some
of
the
issues
that
we
specified.
As
far
as
these
special
provisions
are
concerned,
we
can,
for
example,
if
some
of
their
personnel
are
speeding
or
using
foul
language
or
other
things.
C
That's
not
to
say
that
the
next
person
might
not
be
doing
the
same
thing
and
so
we're
in
more
of
an
enforcement
mode
as
opposed
to
an
incentive
mode.
We
we
think
that,
given
the
size
of
this
bonus,
which
represents
a
little
less
than
1%
of
the
con
tracked
amount
and
the
items
that
are
described,
that
it
is
a
good
incentive
for
the
contractor
to
for
lack
of
a
better
way
describing
be
good
boys
up
in
the
neighborhood.
D
E
E
It
is
a
structure
that
is
typically
used
by
municipalities
for
time
on
the
contract,
in
other
words,
if,
if
it's
desirable
in
order
to
get
the
job,
if
it's
desirable,
to
get
the
job
done
as
soon
as
possible
and
it
and
that
can
be
incentivized
by
in
financially,
it
is
a
very
typical
way
that
municipalities
get
that.
But
in
that
case,
above
and
beyond
time
consideration,
this
is
not
a
typical
construction
project,
and
that
is
this
is
not
a
typical
construction
site
or
even
a
typical
neighborhood.
E
It
is
one
where
the
highest
level
of
special
consideration
and
sensitivity
needs
to
be
demonstrated
to
the
residents
into
the
neighborhood
into
the
community
as
a
whole.
While
the
contract
will,
we
believe,
produce
tangible
benefits
to
the
neighborhood
in
the
long
run.
We
cannot
and
the
counter
actor
cannot
under
any
circumstances
view
this
as
a
routine
construction
assignment.
That,
because
it
will
produce
good
in
the
end,
can
be
done
in
the
normal
construction
manner.
E
So
after
considerable
deliberation
staff
viewed
this
construction
bonus
as
a
desirable
way
to
you
provide
some
additional
tools
that,
as
the
as
mr.
Burroughs
has
indicated,
really
are
not
readily
available
to
the
public
entity
in
managing
and
enforcing,
above
and
beyond.
Considerations
in
the
delivery
of
the
construction
project.
D
On
that
note,
if
I
could
this
was
part
of
the
bid
package,
these
clauses,
so
there's
we
can't
change
anything
now
right
question
was
asses.
You
know
why?
Is
there
not
penalties?
My
experience,
my
experience
in
construction
contracts
was
mainly
incentives
and
penalties
on
schedule
give
an
incentive,
if
you
finish
earlier
or
on
time,
and
you
pay
a
penalty
if
you
know
if
it
gets
extended
or
you're
late,
so
are
there
any
penalties
on
this?
Well.
C
There's
security
related
damages
clauses,
okay
for
time,
delays
which,
which
is
what
you're
describing
there
in
terms
of
the
performance
bonus.
It
is
built
into
the
bid
so
right
now,
this
bid
amount
that
you
see
in
front
of.
You
includes
the
60
thousand
dollar
performance
bonus.
If
the
contractor
does
not
comply,
then
that
you
that
those
monies
will
get
subtracted
from
this
bit
of
milk.
F
C
We
wanted
to
have
a
little
bit
of
leeway
with
the
contractor
in
determining
you
know
what
constitutes
a
violation
or
not
in
terms
of
setting
the
tone
at
the
beginning
of
the
project.
Our
inspectors
on
our
resident
engineer
will
be
making
that
determination
as
to
what
entails
a
violation,
but
at
the
contractor
will
be
given
up
to
three
written
violations
at
the
third
written
violation.
C
B
B
What
I
can
say
is
that
the
performance
bonus
is
an
additional
tool
that
was
incorporated
into
the
contract,
based
primarily
on
past
experience,
in
which
we
found
that
the
tools
in
standard
municipal
contracts
that
were
led
by
led
to
the
lowest
bidder
were
really
not
sufficient
to
address
some
of
the
issues
that
that
had
occurred
previously,
and
so
we're
not
using
the
performance
bonus
to
replace
the
contractors
obligation
to
do
all
the
things
that
the
contractor
has
to
do
in
order
to
meet
the
terms
of
the
contract.
It's
just
an
additional
tool.
C
40
thousand
dollars
will
be
held
to
the
final
notice
of
completion,
so
essentially
the
the
project
has
to
be
complete
before
they'll
get
that
40,000
that
last
40,000,
the
initial
40,000
$20,000
will
get
paid
out
on
a
pro-rata
basis
based
upon
the
length
of
the
contract
remaining,
but
it
won't
start
until
the
third
progress
payment.
So
it'll
it'll
be
three
months
into
the
project
before
they
receive
that
first
payment,
which
will
be
a
portion,
a
prorated
portion
of
$20,000,
spread
out
over
the
remaining
portion
of
the
contract.
Okay,.
F
C
Well,
what
what
we
the
thought
process
was
about.
One
percent
plus
or
minus
of
the
total
contract
amount.
Typically,
you
know
contract
of
this
size
contractors
looking
at
somewhere
between,
depending
on
the
contractor
five
percent
to
up
to
ten
percent
profit.
This
represents
one
percent
of
the
contract
amount,
which
is
a
significant
portion
of
you,
know,
potential
profit
for
a
contractor.
So
we
think
it's
enough
to
get
contractors
attention.
As
an
aside
based
upon
our
discussions
with
J&B
in
our
pre-award
meeting,
our
feeling
is
that
they
recognize
the
the
dollar
value.
C
D
You
yeah
one
follow-up.
Two
council
members
aren't
thinking,
sir.
You
said:
if
they
received
three
written
violations,
then
they
forego
the
60.
However,
what
you,
if
I
heard
you
correctly,
you
said
they
get
a
warning
and
then,
if
it
happens
again
they
get
a
written,
so
am
I.
Am
I
safe
to
say
that
in
order
to
get
to
writtens,
you've
already
had
two
verbals
and
two
britons
yeah.
C
It's
it's
a
little
bit
complicated,
though
the
way
we
set
it
up
to
explain,
but,
but
actually
we
wanted
to,
you
know,
have
a
little
bit
of
leeway
in
making
the
least
the
initial
determination.
So
what
we've
done
is
we've
said
that
the
contractor
will
have
to
verbal
warnings,
okay
in
total,
so
we've
got
40
special
conditions
to
after
to
verbal
warnings,
he
gets
a
written
warning,
whether
it's
on
any
of
those
specific
conditions,
for
example,
if
he
gets,
if
he
has
a
dusty
construction
site,
will
issue
a
warning.
C
He
can
get
a
second
verbal
warning
based
upon
foul
language.
Okay,
that
that
next
warning
he
gets
will
be
a
written
violation.
Okay,
he
gets
to
total
verbals
and
then
he
gets
his
first
written
if
he
gets
three
writtens
in
aggregate
or
three
writtens
on
any
particular
item
that
will
void
his
performance.
Bonus.
Okay,.
D
So
it's
two
verbals
to
get
the
rig
correct
each
time.
No,
no!
So
you
told
a
tutto
Justin
told
for
the
rebel
cycle
over
the
jaw,
yeah,
okay
and
then
so
and
maybe
was
already
answered
and
I
just
I
missed
it.
When
you
said
there
was
the
appeal:
councilmember
cells
are
asked:
whom
did
whom
would
the
contractor
appeal
to
if
they
felt
this
was
not
an
appropriate
warning.
D
C
F
Have
one
more
question
5th
chair,
Oh,
Michael,
sort
of
a
this
is
a
complete
aside.
I
had
a
resident
in
that
area
asked
about
the
undergrounding
of
the
electrical
system,
and
I
know
that's
something
we
said
would
probably
be
cost
prohibitive
and
we'll
probably
not
going
to
address
that.
I'm
wondering
if,
during
this
phase,
if
there
were
some
opportunity,
if
we
have
any
interest
at
all
in
revisiting,
that
would
now
be
a
good
time
to
consider
putting
in
some
conduit
or
some
infrastructure
to
support
that.
F
C
In
terms
of,
could
it
be
done
now
and
it's
now
a
good
time
versus
any
other.
It
doesn't
really
matter
it's
it's.
You
know
staffs
opinion
that
it's
going
to
be
disruptive,
no
matter
when
it's
done.
If
we
certainly
I,
don't
think
would
want
to
undertake
it
any
later
than
this
project
if
we
were
going
to,
but
regardless
it
is
the
disruption
that
we're
going
to
have
in
the
neighborhood
for
this
work,
we
can
multiply
that
times.
You
know
at
least
two
times
on
an
individual
homeowner
basis
of
what
the
undergrounding
disruption
would
be.