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Contract No. WD-2879R

CleanPowerSF Sfpuc Commission
June 28, 2022

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Contract No. WD-2879R
Meeting
June 28, 2022
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CleanPowerSF Sfpuc Commission
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NEW CDD CAMPUS
AT 2000 MARIN STREET:

AWARD CM/GC
Shelby Campbell, Project Manager
June 28, 2022
NEW CDD CAMPUS AT 2000 MARIN
2 CM/GC SERVICES,
WD-2879R
• Clark Construction
• $260.5M
• $1.25M Pre-Construction
2000 MARIN - CAMPUS SITE PLAN
3 NEW CDD CAMPUS AT
2000 MARIN
4 CAMPUS VIEW | LOOKING NORTHWEST TOWARDS POTRERO HILL

PROJECT BUDGET & SCHEDULE
5 PROJECT BUDGET: $393.6M
PROJECT SCHEDULE:

PROJECT SCHEDULE
Schemati c Desi gn
Award Design Contract
Award CM/GC Contract
Award CM Contract
Envi ronmental Revi ew
Desi gn
Demo & Si te Work
Construction
Substantial Completion
Final Com ple tion
20282021 2022 2023 2024 2025 20272026

CM/GC RFQ/RFP
6 WHAT CM/GC – WD2879R
WHEN Advertised December 27, 2021
WHY • Collaboration
• Cost Control
• Expedite Schedule
• Local Participation
WHO Three Proposers Responded
• Clark Construction
• Pankow Builders
• Webcor Construction

AWARD CM/GC CONTRACT
Award Contract to Clark Construction Group
CM/GC Contract Value $260.5M
 $1.25M for Pre-C onstruction
 Estimated NTP for Pre-C onstruction is August 2022
 Estimated NTP for Construction is January 2024
 Contract Duration is approximately 7 years

RFQ/P SIP TOTAL
Clark 1000 12 1012
Webcor 971 8 979
Pankow 945 7 952
The Clark Team
• Project Team Diversity
=
60%, 14 of 24
• Founding Member -
Co
nstruction Inclusion
Week (Building the
Foundation for Inclusion)
• Employee Resource
Gr
oups (“enERGy
Groups”)
• Clark’s Strategic
P
artnership Program (SPP)
8 SPP Graduates

QUESTIONS?
9 DEPARTMENT

Infrastructure

AGENDA NO.

16 MEETING DATE June 28, 2022

APPROVAL:

COMMISSION

SECRETARY

Donna Hood

AGENDA ITEM
Public Utilities Commission
City and County of San Francisco

Construction Award: Regular Calendar
Contract Manager: Shelby Campbell

Award Contract No. WD-2879R, City Distribution Division Campus at 2000 Marin

Summary of
Proposed
Commission
Action:

Award Contract No. WD-2879R, City Distribution Division Campus at 2000 Marin, to Clark Construction Group as Construction Manager/General Contractor, for a total contract amount of $260,450,682 with a duration of 2,464 consecutive calendar days; authorize proceeding only with pre-construction services in the contract amount of $1,250,000 with a duration of 913 consecutive calendar days; if the Commission in the future approves the Project, the contract amount for construction w ill be not- to-exceed $259,200,682, and the contract duration for construction will be 1,551 consecutive calendar days; and request that the Board of Supervisors grant an exception from the Campaign and Governmental Conduct Code to authorize the San Francisco Public Utilities Commission ( SFPUC) to include Social Impact Partnership program provisions in this contract. The initial work under this contract consists of providing pre-construction services during the design phase. SFPUC will not consider authorizing construction services until and subject to completion of environmental review under the California Environmental Quality Act (CEQA), and this Commission reviews and consider s the CEQA environmental review document, adopts any required CEQA F indings and a Mitigation Monitoring and Reporting Program, and approves the Project.

Background: The Water Enterprise City Distribution Division (CDD) oversees water distribution within the City and County of San Francisco . The CDD is responsible for the City’s water system infrastructure, operating and maintaining its reservoirs, pump stations , and approximately 1,250 miles of water pipes; managing the City’s meter program; and maintaining CDD facilities, equipment, and fleet of vehicles. The current CDD campus, located at 1990 Newcomb Avenue, has served as CDD’s main facility for almost six decades.

Due to significant growth in service demands and challenges with maintaining operations at a facility that has exceeded its useful life, the SFPUC needs to design and construct new CDD headquarters facilities to alleviate Contract: WD-2879R, City Distribution Division Campus at 2000 Marin Commission Meeting Date: June 28, 2022

overcrowding, address building code and safety issues, eliminate inefficiencies, and accommodate CDD’s current and future operational needs.

Contract No. WD-2879R, City Distribution Division Campus at 2000 Marin (“Contract No. WD-2879R”), is for construction management (CM) and general contractor (GC) services in constructing this proposed new CDD headquarters.

The contractor awarded this contract is referred to as the CM/GC.

Description of
Scope of Work:

During the design phase, the CM/GC will perform pre-construction services in collaboration with the P roject’s designer and provide input related to constructability, phasing/sequencing of work, procurement planning, and other matters material to the success of the Project. This collaboration will enhance the Project design and reduce the risk of cost and schedule changes during construction by having the CM/GC, which will be responsible for constructing the project if construction is approved by this Commission, provide input during the Project’s design phase. Under this contract award, the Commission is only authorizing work to commence on pre-construction services.

Only after the Project’s design has progressed, and the Project’s environmental review is complete, will the Commission determin e whether to proceed with construction of the Project.

If the Commission approves the Project upon completion of the environmental review and authorizes the Project to proceed with construction, the CM/GC will perform the following services:
• Demolition of existing building and parking lot;
• Site work, including grading, utilities, and paving; and • Construction of five new structures, including administrative offices, shops, warehouse, and parking, for a total of approximately 370,000 gross square feet.

Budget & Costs: Funding: Project No. 10037249, New CDD Headquarters at 2000 Marin Award: $260,450,682

Schedule: Estimated Notice-to-Proceed Date: July 1, 2022 for Pre-Construction Estimate Date for Commission CEQA Review and to Consider Project Approval: December of 2023
Estimated Start of Construction, if Commission Approves Project:

January of 2024
Estimated Completion Date: March 30, 2029
Contract Duration: 2,464 consecutive calendar days (approximately six years and nine months), comprised of 913 consecutive calendar days for pre- construction services, 1,276 consecutive calendar days for construction to substantial completion, and an additional 275 consecutive calendar days for construction to achieve final completion.

Compliance with
Chapter 14B: Local
Business Enterprise
Set: The Contrac t Monitoring Division (CMD) established a 16% Local Business Enterprise (LBE) subcontract or participation requirement for this contract, which includes a 4% LBE requirement for pre-construction.

Contract: WD-2879R, City Distribution Division Campus at 2000 Marin Commission Meeting Date: June 28, 2022

Utilization and
Non-Discrimination
in Contracting
Ordinance:

Submitted: The contractor’s proposal included its commitment to achieve 16% LBE subcontractor participation, which includes a 4% LBE requirement for pre- construction.

Environmental
Review:

Environmental review pursuant to the CEQA for the Project is in preparation by the Planning Department under Case No . 2022-000702ENV. This Commission will not consider approving the start of construction services unless and until environmental review is complete and this Commission has reviewed and considered the environmental review, adopted any required CEQA Findings and a Mitigation Monitoring and Reporting Program , and approved the Project.

Bid History: Advertised: June 18, 2021

Bids Received: On August 11, 2021, the SFPUC received sealed bids from four firms. The SFPUC determined that it was in the best interest of the City and County of San Francisco to reject all bids and re-advertise.

Re-advertised: December 27, 2021

Bids Received: On March 23, 2022, the SFPUC received sealed bids from three firms.

Minimum Qualifications: A technical panel reviewed each proposer to determine if it met the SFPUC’s minimum qualification for the project. The technical panel determined that all three proposers fulfilled the minimum qualifications.

Evaluation and Selection:

The technical panel evaluated each proposer’s ( 1) written proposal, ( 2) oral interview, and (3) price proposal . A separate panel evaluated the proposers’ voluntarily submitted S ocial Impact Partnership (SIP) commitments for potential award of bonus points . Each proposer could receive up to 300 points for its written proposal, 300 points for its oral interview, and 400 points for its price proposal. In addition, each proposer was eligible to earn up to 30 points for proposed SIP commitments.

The technical evaluation panel consisted of individuals knowledgeable i n the subject matter and included staff from the SFPUC and S an Francisco Public Works. T he panel reviewed and ranked the proposers during the written proposal and oral interview phases. The panel of community benefits experts that evaluated the SIP proposals for potential bonus points consisted of staff from the SFPUC, the Mayor’s Office of Community Development and a federal agency providing community services.

Staff recommends award to the top-ranked proposer, Clark Construction Group (“Clark”), based on the following table of scores:

Contract: WD-2879R, City Distribution Division Campus at 2000 Marin Commission Meeting Date: June 28, 2022

Proposer Charles Pankow
Builders
Clark
Construction
Group
Webcor
Construction
Price Proposal $262,726,361 $260,450,682 $263,887,198
Price Score 396.54 400.00 394.79
Written Score 279.71 300.00 283.10
Oral Score 268.94 300.00 293.14
Final Score 945.18 1000.00 971.03
SIP Bonus Score 7.20 12.30 7.65
Final Score with
SIP Bonus Score
952.38 1012.30 978.68

San Francisco Administrative Code section 6.61 requires the cost component be at least 40% of the score. To ensure the cost component was 40% of the score, the raw scores for each section were prorated such that the highest-ranked proposer received the maximum points and all others received points proportionally based on the ratio of raw scores.

Application of bid preferences do not apply to this contract as the engineer’s estimate is more than $10,000,000.

Social Impact
Partnership
Program:

Effective January 23, 2022, by Ordinance No. 232-21 (Board File No. 201132), the Board of Supervisors amended the Campaign and Government Conduct Code to prohibit behested payments. The ordinance prohibits City officers and employees from soliciting payments for charitable (or other) purposes from interested parties and defines interested parties to include contractors and prospective contractors. The City Attorney has advised that because the Social Impact Partnership (SIP) program involves the solicitation of charitable payments from prospective contractors and contractors, the Board of Supervisors must grant an exception from the prohibition for the program to proceed.

All three proposers voluntarily committed in their proposals to deliver SIP benefits to the community. The SIP panel evaluated and scored each SIP proposal; the SIP scores did not affect the outcome of the competitive process.

The SFPUC’s inclusion of Clark’s proposed SIP commitments in this contract is conditioned on the BOS’ adoption of an ordinance exempting Contract No.

WD-2879R specifically or the SIP program generally from the recently enacted legislation prohibiting behested payments.

The Resolution for award of this contract includes a request that the BOS by ordinance exempt solicitations under the SIP program as provided in the Request for Proposals and in Contract No. WD-2879R from the Campaign and Governmental Conduct Code prohibition of behested payments. If the BOS Contract: WD-2879R, City Distribution Division Campus at 2000 Marin Commission Meeting Date: June 28, 2022

does not pass an ordinance exempting the SIP program from the behested payments prohibition for Contract No. WD-2879R, staff will remove Clark’s SIP obligations from Contract No. WD-2879R prior to execution of the contract. The General Manager will not execute the contract prior to BOS action.

Diversity, Equity
and Inclusion
On July 13, 2020, by Resolution No. 20-0149, the SFPUC committed to racial justice by condemning systematic racism and vowing to actively promote internal and external racial equity. In the Request For Proposals, the SFPUC encouraged proposers to submit with their proposals a Diversity, Equity and Inclusion (DEI) plan. Proposers that submitted a DEI plan, and other commitments, received five points in the competitive process. All three proposers submitted DEI plans, and each received five points out of the total of 1,000 points.

Recommendation: SFPUC staff recommends that this Commission adopt the attached resolution , award the contract in the amount of $260,450,682, and authorize pre - construction services in the amount of $1,250,000. When the environmental review process pursuant to the CEQA is completed, staff will return to th is Commission to consider approval of the Project and request authorization to proceed with construction services. The CM/GC agreement res erves the SFPUC’s right to, among other things, modify the Project to mitigate any significant environmental impacts or terminate the contract if this Commission elects not to proceed with the Project based on information generated by the environmental review process.

Attachments: 1. CMD Memorandum for pre-construction services

Contract: WD-2879R, City Distribution Division Campus at 2000 Marin Commission Meeting Date: June 28, 2022

WD-2879R, City Distribution Division Campus at 2000 Marin

PUBLIC UTILITIES COMMISSION
City and County of San Francisco

RESOLUTION NO.

WHEREAS, The San Francisco Public Utilities Commission (SFPUC) needs to relocate the Water Enterprise City Distribution Division (CDD) from its current location at 1990 Newcomb to alleviate overcrowding, address building code and safety issues, eliminate inefficiencies, and accommodate CDD’s current and future operational needs; and WHEREAS, On December 27, 2021, the SFPUC advertised Contract No. WD-2879R, City Distribution Division Campus at 2000 Marin; and
WHEREAS, The contract duration is 913 consecutive calendar days for pre -construction services and 1,551 consecutive days for construction services; and WHEREAS, On March 23, 2022, the SFPUC received three proposals; and WHEREAS, SFPUC staff and Contract Monitoring Division (CMD) review ed the proposals for responsibility, responsiveness, and application of bid preferences , and determined that Clark Construction Group was the responsible proposer that submitted t he highest-scoring proposal; and
WHEREAS, Environmental review pursuant to the California Environmental Quality Act (CEQA) for the Project is in preparation by the Planning Department under Case No.2022- 000702ENV, and this Commission will not authorize the start of any construction services under this contract unless and until environmental review is complete, and this Commission reviews and considers the environmental review, adopts any required CEQA Findings and a Mitigation Monitoring and Reporting Program, approves the Project , and authorizes the commencement of construction services; and

WHEREAS, CMD established a 16% Local Business Enterprise (LBE) subcontract or participation requirement for this contract, and the highest- scoring proposer committed to 16% LBE participation in its proposal, which includes a 4% LBE requirement for pre-construction; and WHEREAS, A firm being awarded a contract by the SFPUC must be in compliance with the Equal Benefits Provisions of Chapter 12B of the City’s Administrative Code either at the time of the award or within two weeks of the date of the Commission award . If the proposer f ails to meet the compliance requirement, Staff will return to the Commission for rescission of this award; and
WHEREAS, The Request for Proposals (RFP) and Contract include provisions related to the SFPUC’s Social Impact Program (SIP), and provided proposers with the opportunity to earn bonus points for voluntarily including SIP commitments in proposals; and WHEREAS, All three proposers voluntarily included proposed SIP commitments in their proposals; and

WHEREAS, Clark Construction Group’s obligation to deliver SIP benefits to the community, to which Clark Construction Group voluntarily committed in its Proposal, is conditioned on Board of Supervisors (BOS) adoption of an ordinance exempting the SIP program for Contract No. WD-2879R from the recently enacted legislation prohibiting behested payments (Board of Supervisors Ordinance No. 232- 21 (Board File No. 201132), which amended the Campaign and Government Conduct Code effective January 23, 2022); if the BOS does not pass the ordinance that exempts Contract No. WD-2879R City Distribution Division Campus at 2000 Marin from the behested payment prohibition, staff will remove Clark Construction Group’s SIP obligations from Contract No. WE-2879R prior to execution of the agreement; and WHEREAS, All three proposers included diversity, equity and inclusion plans i n their proposals; and
WHEREAS, Funds are available from Project No. 10037249, New CDD Headquarters at 2000 Marin; and
WHEREAS, Upon completion of environmental review under the CEQA, if this Commission decides to approve the Project, then staff will return and request that this Commission authorize the remaining contract funding in the amount up to $259,200,682 and authorize the staff to proceed with the construction phase. The action authorized by this Resolution shall not be considered approval of the Project and the CM/GC agreement reserves the SFPUC’s right to, among other things, modify the Project to mitigate any significant environmental impacts or terminate the contract if this Commission elects not to proceed with the Project based on information generated by the environmental review process; now, therefore, be it RESOLVED, That this Commission hereby approves the plans and specifications; awards Contract No. WD-2879R, City Distribution Division Campus at 2000 Marin, in the amount of $260,450,682 with a duration of 2,464 consecutive calendar days; and authorizes commencement of pre -construction services in the amount of $1,250,000 with a duration of 913 consecutive calendar days , to the responsible proposer that submitted the highest-scoring proposal , Clark Construction Group; and requests that the Board of Supervisors exempt by ordinance solicitations under the SIP program as provided in the Request For Proposals and Contract No. 2879R City Distribution Division Campus at 2000 Marin from the behest ed payments prohibition set forth in Board of Supervisors Ordinance No. 232-21; and authorizes the General Manager to execute the contract after the Board of Supervisors takes action on the proposed exemption ordinance.

I hereby certify that the foregoing resolution was adopted by the Public Utilities Commission at its meeting of June 28, 2022.

Secretary, Public Utilities Commission

London N. Breed, Mayor
Carmen Chu, City Administrator

Romulus Asenloo, Director

1155 Market Street, 4th Floor, San Francisco, CA 94103 Telephone (415) 581-2310 Fax (415) 581-2351

CONTRACT MONITORING DIVISION
CITY ADMINISTRATOR’S OFFICE

MEMORANDUM

Date: May 3, 2022

To: Shelby Campbell, Project Manager, SFPUC
Derek Wong, Contract Analyst, SFPUC

From: Linda Rainaldi, Contract Compliance Officer, CMD

Subject: WD- 2879R City Distribution Division Campus at 2000 Marin

The Contract Monitoring Division (“CMD”) has reviewed the scores submitted by the SFPUC as well as the price proposals submitted by the Proposers. Based on the final score tabulations 1 submitted by the
SFPUC, the final rankings are listed below:

Firm Rank
Clark Construction Group – CA, LP 1
Webcor Construction LP dba Webcor 2
Charles Pankow Builders, Ltd. 3

Clark Construction Group – CA, LP (“Clark”) is the highest ranked proposer. Additionally, Clark complied with CMD Chapter 14B pre-award requirements.

The LBE subconsulting/subcontracting requirement for this project is 16% of the total value of the entire contract. The LBE subconsulting/subcontracting requirement must be met by the cumulative participation by LBEs in the two phases of this project: (1) the pre-construction phase; and (2) the construction phase.

Due to the anticipated time lapse between proposal submission and the submission of the construction bid packages, Proposers are required to submit both, the Certificate of Commitment, and the Form 2A:

CMD Contract Participation Form (Pre-Construction Services Only), listing each LBE subconsultant to be utilized for the pre-construction phase. The total amount of all LBE subconsultants for the CM/GC services phase will be fixed at this point, leaving the remaining balance of the 16% subconsulting/subcontracting requirement to apply to the construction phase.

1 Bonus Scores for the Social Impact Partnership Commitments Submittal from Proposers did not impact the overall final ranking.

Clark listed the following LBE subconsultant(s)/subcontractor(s) on the CMD Form 2A:

Firm Scope of Service LBE Status
Committed
LBE
Participation
Buie Porter Munson and
Siller Enterprises LBE & Local Outreach SF LBE-MBE
(Micro) 4.00%
TOTAL: 4.00%

After award and prior to the advertisement of any trade packages, Clark will consult with CMD and submit a written plan for achieving the remaining balance of the 16% project-wide LBE subconsulting/subcontracting participation requirement. The remaining 12% LBE subconsulting/subcontracting participation requirement balance will be met during the construction phase through the various trade packages. The written plan will specify the LBE subcontracting participation percentage of each bid package based on the availability of LBEs to perform the work or supply materials and equipment for the subject trade package.

Based on the foregoing, CMD has determined that Clark has complied with the Chapter 14B pre-award requirements. Should you have any questions, please contact Linda Rainaldi at (415) 754-3227.

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