DEPARTMENT Infrastructure AGENDA NO. 7e
MEETING DATE January 23, 2024
Public Utilities Commission
City and County of San Francisco
Calendar: Consent Calendar
Contract/Project Manager: John Wong
Accept Closeout, Approve Final Modification, and Authorize Final Payment for Contract No. WW-644, As-Needed Sewer Sealing
Summary of
Proposed
Commission Action:
Accept work performed by Yerba Buena Engineering & Construction, Inc. under Contract No. WW-644, As-Needed Sewer Sealing; approve Modification No. 5 (Final), decreasing the Contract amount by $841,532 for a total C ontract amount of $3,190,667, with a total Contract duration of 1,825 consecutive calendar days (approximately five years); and authorize final payment to the contractor.
Background: The San Francisco Public Utilities Commission (SFPUC) issued t his contract to perform as-needed sealing of existing sewer facilities to mitigate infiltration into the sewer system in a cost effective and time efficient manner. SFPUC Wastewater Enterprise Collection Division staff determined The needed locations and extent of sewer sealing work throughout the duration of the contract.
On
December 13, 2016, by Resolution No. 16-0256, this Commission awarded Contract No. WW-644, As-Needed Sewer Sealing to Yerba Buena Engineering & Construction, Inc. The original Contract amount was $3,834,500 and the original C ontract duration was 1,095 consecutive calendar days.
On January 28, 2020, by Resolution No. 20-0018 , this Commission approved an increase to the duration contingency in the amount of 621 consecutive calendar days for a total Contract duration limit of 1,825 consecutive calendar days, with no change to the Contract amount.
Scope of Contract: The contractor completed the Contract work at a total of 49 individual locations throughout the City and County of San Francisco and consisted of:
• Sealing of approximately 1,300 individual joints in
existing sewer pipelines less than 24 inches diameter;
• Sealing of approximately 137 individual joints in existing sewer pipelines greater than 24 inches diameter; and
• Performing baffle construction and demolition work at Combined Sewer Outfalls No. 22 and 23.
Agenda Title: WW-644, As-Needed Sewer Sealing
Commission Meeting Date: January 23, 2024
Modifications to the
Contract:
Modification No. 1: Effective November 8, 2017, the SFPUC modified the Contract within the approved contingency and increased the Contract amount by $99,750, to account for the actual amount of closed circuit televising of sewers completed, for a total C ontract amount of $3,934,250, with no change to the Contract duration.
Modification No. 2: Effective February 14, 2020, the SFPUC modified the Contract and increased the Contract duration by 365 consecutive calendar days, in accordance with Resolution No. 20-0018, to complete Contract work for a total Contract duration of 1,460 consecutive calendar days, with no change to the Contract amount.
Modification No. 3: Effective June 26, 2020, the SFPUC modified the Contract within the approved contingency and de creased the Contract amount by $93,680, to adjust Contract quantities to match actual completed Contract quantities, for a total Contract amount of $3,840,570, with no change to the Contract duration.
Modification No. 4: Effective October 20, 2021, the SFPUC modified the Contract within the approved contingency and increased the Contract amount by $191,629, to perform baffle construction and demolition work at Combined Sewer Outfalls No. 22 and 23, for a total Contract amount of $4,032,199, and increasing the Contract duration by 365 consecutive calendar days, in accordance with Resolution No. 20-0018, to complete all Contract work, for a total Contract duration of 1,825 consecutive calendar days.
Proposed Modification No. 5 (Final): Staff is seeking Commission authorization to de crease the Contract amount by $841,532, to adjust final Contract quantities to match actual Contract quantities completed, for a total Contract amount to $ 3,190,667, with no change to the Contract duration.
Funding and Costs: Funding Source: Project No 10015681, As-Needed Sewer Sealing Original Contract Amount: $3,834,500
Modifications Nos. 1 to 4 Amount: $197,699
Proposed Modification No. 5 (Final): -$841,532
Total Final Contract Amount: $3,190,667
Schedule: Notice-to-Proceed Date: February 6, 2017
Original Contract Duration: 1,095 consecutive calendar days Modifications Nos. 1 to 4 Duration: 730 consecutive calendar days Proposed Modification No. 5 (Final) Duration : 0 consecutive calendar days
Total Final Contract Duration: 1,825 consecutive calendar days
Agenda Title: WW-644, As-Needed Sewer Sealing
Commission Meeting Date: January 23, 2024
Due to the nature of this As-Needed contract, there is no accompanying Location Map.
Local Business
Enterprise
Participation and
Non-Discrimination
In Contracting:
The Contract Monitoring Division (CMD) established a 8% Local Business Enterprise (LBE) subcontracting requirement for this contract. The contractor committed to a 8.61% LBE participation with its bid submittal.
CMD has determined that the contractor has complied with its LBE subcontracting requirement by achieving a final LBE subcontractor participation of 4.50 % for this contract. CMD concurs with the closeout of this contract.
Attachment: 1. Contract Monitoring Division Memorandum
PUBLIC UTILITIES COMMISSION
City and County of San Francisco
RESOLUTION NO.
WHEREAS, The San Francisco Public Utilities Commission (SFPUC) Wastewater Enterprise Collection System management identified critical need for sealing of existing sewer facilities to mitigate infiltration into the sewer system; and WHEREAS, On December 13, 2016, by Resolution No. 16- 0256, the Commission awarded Contract No. WW-644, As -Needed Sewer Sealing to Yerba Buena Engineering & Construction, Inc.; and
WHEREAS, The original C ontract amount was for $3,834,500 and the original C ontract duration was 1,095 consecutive calendar days; and
WHEREAS, The Contract Notice-to-Proceed date was February 6, 2017; and WHEREAS, Modification No. 1 increased the contract amount by $99,750, within the original contingency, to account for the actual amount of closed circuit televising of sewers completed, for a total contract amount of $3,934,250, with no change to the contract duration; and WHEREAS, On January 28, 2020, by Resolution No. 20-0018, this Commission approved an increase of 621 calendar days to the contract duration contingency for a total contract duration limit of up to 1,825 consecutive calendar days, with no change to contract amount; and WHEREAS, Modification No. 2 increased the C ontract duration by 365 consecutive calendar days, in accordance with Resolution No. 20- 0018, to complete Contract work for a total Contract duration of 1,460 consecutive calendar days, with no change to the Contract amount; and WHEREAS, Modification No. 3 decreased the Contract amount by $ 93,680, to adjust Contract quantities to match actual completed Contract quantities, for a total Contract amount of $3,840,570, with no change to the Contract duration; and WHEREAS, Modification No. 4 increased the Contract amount by $191,629 within the original contingency for money, to perform baffle construction and demolition work at Combined Sewer Outfalls No. 22 and 23, for a total C ontract amount of $4,032,199, and increasing the Contract duration by 365 consecutive calendar days, in accordance with Resolution No. 20-0018, to complete all Contract work, for a total C ontract duration of 1,825 consecutive calendar days ; and
WHEREAS, Staff recommends approval of Modification No. 5 (Final) to decrease the Contract amount by $841,532, to adjust final Contract quantities to match actual C ontract quantities completed, for a total C ontract amount of $3,190,667, with no change to the C ontract duration; and
WHEREAS; Contractor, Yerba Buena Engineering & Construction, Inc. , has completed its work under Contract No. WW-644, As-Needed Sewer Sealing; and WHEREAS, Contract Monitoring Division (CMD) established a Local Business Enterprise (LBE) subcontracting participation of 8% for this contract, the C ontractor committed to a n LBE participation of 8.61% with its bid submittal and achieved 4.50% LBE participation, CMD has determined that the contractor has complied with its committed Local Business Enterprise (LBE) subcontracting, and CMD concurs with the closeout of this contract; and
WHEREAS, Funds are available from Project No. 10015681, As-Needed Sewer Sealing; now, therefore, be it
RESOLVED, That this Commission hereby accepts work performed by Yerba Buena Engineering & Construction, Inc. under Contract No. WW -644, As -Needed Sewer Sealing , approves Modification No. 5 (Final), decreasing the C ontract amount by $841,532, for a total Contract amount of $3,190,667, with no change to the C ontract duration, for a total C ontract duration of 1,825 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 January 23, 2024.
Secretary, 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
1155 Market Street, 4th Floor, San Francisco, CA 94103
Telephone (415) 581-2310 General Email [email protected]
MEMORANDUM
Date: December 14, 2023
To: John Wong, SFPUC
From: Jason Chow, CMD
Subject: CMD’s Closeout Review for WW-644 As Needed Sewer Sealing
The Contract Monitoring Division (“CMD”) has determined that Yerba Buena Construction (“Yerba Buena”), the prime contractor for this project, has complied with the Chapter 14B LBE subcontracting requirements associated with this project.
At the time the project was advertised, an LBE subcontracting requirement of 8% was established.
Yerba Buena’s Subcontractor List (Document 00 43 36) reflected an LBE subcontractor participation commitment of 8.61%. Yerba Buena was awarded the contract in the amount of $3,834,500. After four change orders, the final contract amount is $3,190,666.95. At closeout, the LBE subcontracting participation is as follows:
Firm Status Scope of Work Original Credited Contract
Participation
Final Credited
Contract Participation
Hernandez
Engineering
SF LBE-MBE
(Micro)
Traffic Control (Partial) Bid
Items 3 & 4 $320,000 8.35% $143,487.50 4.50%
Baird Trucking
SF LBE-OBE
(Micro)
Trucking $10,000 0.26% $0 0%
TOTAL $330,000 8.61% $143,487.50 4.50%
The following explanations were provided by Yerba Buena for the two (2) listed LBE firms on this contract. Both firms did not receive the percentages listed at the time of bid;
Hernandez Engineering:
The task orders issued did not require the amount of Traffic Control work as originally anticipated— confirmed by the SFPUC.
Baird Trucking:
There was no Trucking work needed for this contract—confirmed by the SFPUC.
Lastly, Yerba Buena did utilize the LBE firms on its team to the extent possible based on the firms’ expertise and qualifications.
Based on the foregoing, CMD concurs with the closeout of this contract.