DEPARTMENT
Infrastructure
AGENDA NO. 6f
MEETING DATE
August 13, 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-699, As-Needed Spot Sewer Replacement No. 42
Summary of
Proposed
Commission Action:
Accept work performed by J. Flores Construction Company, Inc. , under Contract No. WW-699, As -Needed Spot Sewer Replacement No. 42, for a total contract amount of $10,396,690 and a total contract duration of 474 consecutive calendar days (approximately one year and four months); and authorize final payment to the contractor.
Background: Work under this contract consisted of as -needed replacement of localized sections of existing sewer lines , on short notice, with work locations determined by San Francisco Public Utilities Commission (SFPUC) Wastewater Enterprise staff throughout the City and County of San Francisco.
On July 13, 2021, by Resolution No. 21-0113, the Commission awarded Contract No. WW-699, As -Needed Spot Sewer Replacement No. 42 to J.
Flores Construction Company, Inc. The original contract amount was $10,176,957 and the original contract duration was 400 consecutive calendar days.
On February 28, 2023, by Resolution No. 23-0048, the Commission approved an increase of 34 calendar days to the duration contingency for a total duration contingency of up to 74 calendar days, to allow for additional time to complete all issued Contract Se
rvice Order work which the crews were unable to
perform due to the rainy weather in December 2022 and January 2023, for a total contract duration of up to 474 consecutive calendar days, with no change to the contract cost contingency.
Scope of Contract: The contractor replaced on an as -needed basis defects in the existing sewer laterals, culverts, localized sections of existing sewer mains and restored street pavement at a total of 260 individual locations throughout the City and County of San Francisco.
Modifications to the
Contract:
Modification Nos. 1-3: Staff modified the Contract and increased the contract amount by $219,733, within the original contingency, and increased the contract duration by 74 consecutive calendar days , in accordance with Resolution No. 23-0048, to advance sewer work from Better Market Street Phase 2 and allow the contractor to complete all issued contract service orders, Agenda Title: WW-699, As-Needed Spot Sewer Replacement No. 42 Commission Meeting Date: August 13, 2024
Due to the nature of this As-Needed contract, there is no accompanying Location Map.
for a total contract amount of $10,396,690 and total contract duration of 474 consecutive calendar days.
Funding and Costs: Funding Source: Wastewater Enterprise Renewal and Replacement Program, Project No. 10034815, As-Needed Spot Sewer Replacement No. 42 Original Contract Amount: $10,176,957
Modification Nos. 1-3 Amount: $219,733
Total Revised Contract Cost Limit: $10,396,690
Schedule: Notice-to-Proceed Date: November 22, 2021
Original Contract Duration: 400 consecutive calendar days Modification Nos. 1-3 Duration: 74 consecutive calendar days Total Revised Contract Duration Limit: 474 consecutive calendar days
Local Business
Enterprise
Participation and
Non-Discrimination
in Contracting:
The Contract Monitoring Division (CMD) established an 8% Local Business Enterprise (LBE) subcontracting requirement for this contract. The contractor committed to an 8.11% LBE subcontractor participation in its bid submittal.
CMD determined the contractor complied with its LBE subcontracting requirement by achieving a final LBE subcontractor participation of 5.33% 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.
WH
EREAS, 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, On July 13, 2021, by Resolution No. 21-0113, the Commission awarded Contract No. WW-699, As -Needed Spot Sewer Replacement No. 42 to J. Flores Construction Company, Inc.; and
WHEREAS, The original c ontract amount was for $10,176,957 and the original c ontract duration was 400 consecutive calendar days; and
WHEREAS, The contract Notice-to-Proceed date was November 22, 2021; and WHEREAS, On February 28, 2023, by Resolution No. 23-0048, the Commission approved an increase of 34 calendar days to the duration contingency, for a total duration contingency of up to 74 calendar days, and for a total contract duration of up to 474 consecutive calendar days, with no change to the contract cost contingency; and
WHEREAS, Modification Nos. 1-3, increased the contract amount by $219,733, within the original contingency, and increased the contract duration by 74 consecutive calendar days , in accordance with Resolution No. 23-0048, to advance sewer work from Better Market Street Phase 2, and allow the c ontractor to complete all issued contract service orders, for a total c ontract amount of $10,396,690 and a total Contract duration of 474 consecutive calendar days; and WHEREAS, Contractor, J. Flores Construction Company, Inc., completed its work under Contract No. WW-699, As-Needed Spot Sewer Replacement No. 42; and WHEREAS, Contract Monitoring Division (CMD) established a Local Business Enterprise (LBE) subcontracting participation of 8% for this contract, the contractor committed to a n LBE subcontractor participation of 8.11% with its bid submittal, the contractor achieved final LBE subcontractor participation of 5.33%, and CMD determined the contractor complied with its LBE subcontracting participation commitment and CMD concurs with the closeout of this contract; and WHEREAS, Funds are available from Project No. 10034815, As-Needed Spot Sewer Replacement No. 42; now, therefore, be it
RESOLVED, That this Commission hereby accepts the work performed by J. Flores Construction Company, Inc. under Contract No. WW- 699, As-Needed Spot Sewer Replacement No. 42, for a total contract amount of $10,396,690, and a total contract duration of 474 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 August 13, 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: July 10, 2024
To: Aileen Caylao, SFPUC
From: Jason Chow, CMD
Subject: Closeout for WW-699 As-Needed Spot Sewer Replacement CMD’s Closeout Review
The Contract Monitoring Division (“CMD”) has determined that J. Flores Construction (“J. Flores”), 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.
J. Flores’s Subcontractor List (Document 00 43 36) reflected an LBE subcontractor participation commitment of 8.11%. J. Flores was awarded the contract in the amount of $10,176,956.25. After three (3) change orders, the final contract amount is $10,396,689.10 At closeout, the LBE subcontracting participation is as follows:
Firm Status Scope of Work Original Credited
Contract Participation
Final Credited
Contract Participation
SF Transport1 SF LBE-OBE
(micro) Trucking $600,000 5.90% $0 0%
Sullivan’s
Concrete
Sawing
SF LBE-MBE
(micro) Saw Cut $225,000 2.21% $37,678.00 0.36%
J R
Monterrosa2 Saw Cut -- -- $10,684.23 0.10%
Lavina
Trucking3 Trucking -- -- $504,599.34 4.85%
Ronan
Construction4 Saw Cut -- -- $1,625.00 0.02%
TOTAL $825,000 8.11% $554,586.57 5.33%
The following explanations were provided by J. Flores for the LBE firms that did not receive the percentages listed at the time of bid;
1 Per J. Flores, SF Transport closed its business on 2.25.22. As such, this firm did not perform any work on this contract. 2 JR Monterrosa, an LBE firm was added onto J Flores’s team after contract award. 3 Lavina Trucking, an LBE Trucker was added onto J. Flores team as a firm substitution for SF Transport. 4 Ronan Construction, an LBE firm was added onto J Flores’s team after contract award.
Sullivan’s Concrete Sawing:
Sullivan’s Concrete performed some work on this contract but most of the time was unavailable when the work was needed. As such, two (2) LBE firms were added for Sawcut to ensure that this work will be performed by LBE firms (referenced in the table above). That said, all the issued Sawcut work on this contract was performed by Sullivan, JR and Ronan. However, the actual Sawcut work issued, was less than the original anticipated amount—confirmed by the SFPUC. As such, It is unrealistic for J. Flores to meet its original overall LBE commitment percentage from time of bid.
Lastly, J. Flores 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.