DEPARTMENT Infrastructure AGENDA NO. 7g
MEETING DATE January 23, 2024
AGENDA ITEM
Public Utilities Commission
City and County of San Francisco
Calendar: Consent Calendar
Project Manager: Aileen Caylao
Accept Closeout and Authorize Final Payment for Contract No. WW-693, As-Needed Spot Sewer Replacement No. 40
Summary of
Proposed
Commission Action:
Accept work performed by J. Flores Construction Company, Inc. under Contract WW-693, As-Needed Spot Sewer Replacement No. 40 , for a total contract amount of $9,761,823 and a total contract duration of 400 consecutive calendar days (approximately one year and one month); and authorize final payment to the contractor.
Background: Work under t his Contract consisted of as-needed replacement of localized sections of existing sewer lines, on short notice, at locations determined by San Francisco Public Utilities Commission (SFPUC) Wastewater Enterprise staff, throughout the City and County of San Francisco. Staff determined the work locations progressively during the contract duration.
On July 28, 2020, by Resolution No. 20-0165, this Commission awarded Contract No. WW-693, As -Needed Spot Sewer Replacement No. 40 , to J.
Flores Construction Company, Inc. The original contract amount was $9,689,823, and the original contract duration was 400 consecutive calendar days.
Scope of Contract: The contractor completed the Contract work at a total of 445 individual locations throughout the City and County of San Francisco.
Modifications to the
Contract:
Modification No. 1: Effective March 10, 2021, the SFPUC modified the Contract within the approved contingency and increased the contract amount by $72,000 to install water quality sampling conduit boxes at select locations in San Francisco, for a total Contract amount of $9,761,823, with no change to the contract duration.
Funding and Costs: Funding Source: Wastewater Enterprise, Renewal and Replacement Program, 10034355, As-Needed Spot Sewer Replacement No. 40 Original Contract Amount: $9,689,823
Modification No. 1 Amount: $72,000
Total Final Contract Cost Amount: $9,761,823
Schedule: Notice-to-Proceed Date: November 30, 2020
Original Contract Duration: 400 consecutive calendar days Agenda Title: WW-693, As-Needed Spot Sewer Replacement No. 40 Commission Meeting Date: January 23, 2024
Due to the nature of this As-Needed contract, there is no accompanying Location Map.
Modification No. 1 Duration: 0 calendar days
Total Final Contract Duration: 400 consecutive calendar days
Local Business
Enterprise
Participation and
Non-Discrimination
In Contracting:
The Contract Monitoring Division (CMD) established a 7% Local Business Enterprise (LBE) subcontracting requirement for this contract. The contractor committed to 7.21% LBE participation with its bid submittal. The CMD determined the contractor complied with its LBE subcontracting goal by achieving a final LBE participation of 7.89%.
Attachment: 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 staff identified the need for urgent replacement of localized sections of existing sewer piping, on an as -needed basis, at locations throughout the City and County of San Francisco; and
WHEREAS, O n July 28, 2020, by Resolution No. 20-0165, the Commission awarded Contract No. WW-693, As-Needed Spot Sewer Replacement No. 40 to J. Flores Construction Company, Inc.; and
WHEREAS, The original C ontract amount was $9,689,823 and the original C ontract duration was 400 consecutive calendar days; and
WHEREAS, The Contract Notice-to-Proceed date was November 30, 2020; and WHEREAS, Modification No. 1 increased the Contract amount by $72,000, within the original contingency, to install water quality sampling conduit boxes at select locations in San Francisco, for a total Contract amount of $9,761,823, with no change to the contract duration; and WHEREAS, The contractor, J. Flores Construction Company, Inc., has completed its work under Contract No. WW-693, As-Needed Spot Sewer Replacement No. 40; and WHEREAS, Contract Monitoring Division established a Local Business Enterprise (LBE) subcontracting participation of 7 % for this contract, the contractor committed to 7.21% LBE participation in its bid submittal, and the contractor achieved final LBE participation of 7.89% ; and
WHEREAS, F unds are available from Project No. 10034355, As-Needed Spot Sewer Replacement No. 40; now, therefore, be it
RESOLVED, That this Commission hereby accepts the work performed by J. Flores Construction Company, Inc. under Contract No. WW-693, As-Needed Spot Sewer Replacement No. 40, for a total Contract amount of $9,761,823, and a total Contract duration of 400 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
London N. Breed, Mayor
Carmen Chu, City Administrator
Stephanie Tang, Director
1155 Market Street, 4th Floor, San Francisco, CA 94103 Telephone (415) 581-2310; Fax (415) 581-2351
CONTRACT MONITORING DIVISION
OFFICE OF THE CITY ADMINISTRATOR
MEMORANDUM
Date: September 11, 2023
To: Aileen Caylao, SFPUC
John Wong, SFPUC
From: Michelle Kassatly, Contract Compliance Officer, CMD
Subject: Closeout for WW-693 PUC As-Needed Sewer Replacement No. 40 (PeopleSoft Contract ID: 1000019755)
The Contract Monitoring Division (“CMD”) has determined J Flores Construction Company Inc (“J Flores”), the LBE prime contractor, has made a good faith effort to substantially comply with the LBE subcontracting requirements associated with this project.
At the time the project was advertised, a Micro/Small-LBE subcontracting participation requirement of 7% was established. J Flores’s Section 00 43 36 reflected a Micro/Small-LBE subcontracting participation of 7.21%. J Flores was awarded the contract in the amount of $9,689,822.50. After one (1) change order, the final contract amount is $9,761,822.50. KJW’s Micro/Small-LBE subcontracting participation is as follows:
Firm
LBE Status,
Type and
Size
Scope of
Work
Original Credited
Contract Participation
Final Credited
Contract
Participation
San Francisco
Transport Services
SF LBE-
MBE (Micro)
Trucking &
Hauling $450,000.00 4.64% $414,002.53 4.27%
Sullivan’s
Concrete &
Sawing
SF LBE-
OBE (Micro) Sawcutting $200,000.00 2.06% $25,886.35 0.27% Ronald R Nelson
Contractor Inc.
SF LBE-
OBE (Micro)
SW-8 Bases
only $49,000.00 0.51% $26,600.00 0.27%
Esquivel Grading
and Paving Inc
SF LBE-
MBE (Small)
SW-32, 33, 35
(Partials) -- -- $209,893.76 2.15%
Semental
Company dba K
Rocks Const
SF LBE-
MBE (Micro) Sawcutting -- -- $83,230.25 0.85%
J R Monterrosa Inc SF LBE-
MBE (Micro) Sawcutting -- -- $6,882.74 0.07%
Ronan
Construction, Inc
SF LBE-
OBE (Micro) Sawcutting -- -- $990.00 0.01%
TOTAL $699,000.00 7.21% $649,584.83 7.89%
Per J Flores, and as confirmed by the SFPUC, “all of the locations and the specific amounts of types of work are not known at the time of the contract being signed. Locations are decided by the city and assigned as needed.” Due to the as-needed nature of the contract, some of the “as- needed work [did] not line up with the original estimates.” The final credited contract participation for San Francisco Transport Services (“SFTS”) is short because SFTS closed in February 2022. Per J Flores, and as confirmed by the SFPUC, “all of the work that would have been done by SFTS was done by Lavina Trucking Company.” The final credited contract participation for Sullivan’s Concrete & Sawing (“Sullivan”) was short because, per J Flores and as confirmed by the SFPUC, sawcutting work was sometimes assigned at times when Sullivan was unavailable. In these instances, this work was offered to J R Monterrosa Inc, another LBE.
As stated by J Flores and confirmed by the SFPUC, Ronald R Nelson Contractor Inc. is short of its original credited contract participation because the line item that they were listed for “was not requested on this job.”
J Flores is required to make good faith efforts to utilize LBE’s participation for any scopes of work, or portions thereof, which can reasonably be subcontracted throughout the life of the project. Considering this requirement, J Flores performed good faith efforts/outreach to LBE subcontractors in order to minimize the aforementioned scope of work deletions/changes that impacted its overall LBE commitment, as follows:
1. J Flores added Esquivel Grading and Paving Inc, an LBE, to the contract to perform SW-32, 33, and 35 (partial) work.
2. J Flores added Semental Company dba K Rocks Const, and LBE, to the contract to perform Sawcutting work.
3. J Flores added J R Monterrosa Inc, an LBE, to perform Sawcutting work.
4. J Flores added Ronan Construction, Inc., an LBE, to perform Sawcutting work.
Based on the foregoing, CMD concurs with the closeout of this contract.