DEPARTMENT
Infrastructure
AGENDA NO.
10 MEETING DATE
September 10, 2024
Last updated: 05.03.2023
AGENDA ITEM
Public Utilities Commission
City and County of San Francisco
Calendar: Regular Calendar
Project Manager: Ada Zhu
Accept Closeout, Approve Modification, and Authorize Final Payment for Contract No.
WD-2687R, Auxiliary Water Supply System Pumping Station No. 2 Improvements (2016)
Summary of
Proposed
Commission Action:
Accept work performed by Rubecon Builders, Inc., under Contract No. WD- 2687R, Auxiliary Water Supply System Pumping Station No. 2 Improvements (2016); approve Modification No. 14 (Final) increasing the contract amount by $1,111,992, within the approved contingency amount, for a total contract amount of $22,699,579 , and increasing the contract duration by 817 consecutive calendar days for a total contract duration of 2,180 consecutive calendar days (approximately five years and 11 months), to resolve claims for additional compensation for time impacts and extended overhead, reconcile overall contract duration due to contractor - and owner-caused delays due to differing site conditions, electrical modifications, various improvements within the building due to existing conditions including additional painting, demolition, pipe and structural supports, utility repairs, concrete repairs, fire alarm system modifications ), and complete administrative closeout; an d authorize final payment to the contractor.
Background: The San Francisco Public Utilities Commission (SFPUC), in collaboration with the San Francisco Fire Department and San Francisco Public Works, identified projects to upgrade and extend the San Francisco Emergency Firefighting Water System (EFWS), formerly known as the Auxiliary Water Supply System (AWSS), to improve the City’s post -seismic event fire suppression capabilities. Since the award of this contract, the AWSS has been re-named the “Emergency Firefighting Water System” or EFWS.
Pumping Station No. 2, constructed in 1912, is located at the northernmost end of Van Ness Avenue, in the northeast corner of the Fort Mason Historic District. The pumping station provides the ability to draw seawater from the bay to supply water to the EFWS dist ribution system for firefighting after an earthquake.
This AWSS Pump ing Station No. 2 Improvements (2016) project in cluded seismic retrofit of the pumping station’s building foundation, walls, roof, and associated structures , as well as various ventilation, utility, electrical, and architectural improvements.
Agenda Title: WD-2687R, AWSS Pump Station No. 2 Improvements (2016) Commission Meeting Date: September 10, 2024
On September 12, 2017 , by Resolution No. 17 -0197, this Commission awarded Contract No. WD-2687R, Auxiliary Water Supply System Pumping Station No. 2 Improvements (2016) , to Rubecon Builder s, Inc. The original contract amount was $17,949,125 and the original contract duration was 950 consecutive calendar days.
On July 28, 2020, by Resolution No. 20-0157, the Commission approved an increase of $1,500,000 to the existing cost contingency for a total revised amount of up to $21,244,037, with no change to the contract duration.
On February 9, 2021, by Resolution No. 21-0021, the Commission approved an increase of $1,500,000 to the existing cost contingency and a n increase of 390 calendar days to the existing duration contingency, for a total revised amount of up to $22,744,037, and a total duration of up to 1,435 consecutive calendar days.
On September 28, 2021, by Resolution No. 21- 0148, the Commission approved an increase of 365 calendar days to the existing duration contingency, for a total duration of up to 1,800 consecutive calendar days with no change to the contract amount.
Scope of Contract: The contract work was located at AWSS Pumping Station No. 2 at 3455 Van Ness Avenue in San Francisco, California.
The contract work consisted of structural and seismic building improvements; installation of a new diesel generator, associated ventilation and exhaust systems, a domestic water system, gas piping and related mechanical equipment; various electrical power system improvements , and assoc iated architectural improvements.
Modifications to the
Contract:
Modification Nos. 1 to 13: Staff issued Modification Nos. 1 -13, increasing the contract amount by $3,638,462 and increasing the contract duration by 413 consecutive calendar days for a total contract amount of $21,587,587 and a total contract duration of 1,363 consecutive calendar days, in accordance with Resolution Nos. 20- 0157, 21-0021, and 21- 0148, to perform channel intake and utilities work, replace a door, perform electrical modifications, perform various improvements within the building due to existing conditions (i.e. additional painting, demolition, pipe and structural supports, utility repair s, concrete repairs, fire alarm system modifications), and reconcil e bid quantities.
Proposed Modification No. 14 (Final): Staff recommends Commission authorization to increase the contract amount by $1,111,992 , within the approved cost contingency, for a total contract amount of $22,699,579 and increase the contract duration by 817 calendar days (which previously approved duration contingency of 437 calendar days and an additional 380 calendar days) for a total contract duration of 2,180 consecutive calendar days (approximately five years and 11 months), to resolve claims for additional compensation due to time impacts and extended overhead , reconcile overall Agenda Title: WD-2687R, AWSS Pump Station No. 2 Improvements (2016) Commission Meeting Date: September 10, 2024
contract duration due to contractor delays an d concurrent delays such as differing site conditions, electrical modifications, various improvements within the building due to existing conditions , including additional painting, demolition, pipe and structural supports, utility repairs, concrete repairs , fire alarm system modifications), and complete administrative closeout.
SFPUC reached a negotiated settlement a claim filed by Rubecon Builders, Inc., for a lump-sum amount of $1,111,992 and an increase of the contract duration by 817 consecutive calendar days for a total contract duration of 2,180 consecutive calendar days (approximately five years and 11 months), as compensation for loss of productivity and time extension due to delays involving National Park Service (NPS) approval for the proposed staging area, micro-pile design changes and resequencing, trenching due to unforeseen conditions, and fire alarm system integration, for a total final change order amount of $1,111,992 and contract duration of 2,180 days.
Funding and Costs: Funding Source: Earthquake Safety & Emergency Response (ESER) Bond Project No. 10030778 (WD-2687R), AWSS Pump Station No. 2 Original Contract Amount: $17,949,125
Modification Nos. 1 to 13: $3,638,462
Recommended Modification No. 14 (Final): $1,111,992
Total Final Contract Amount: $22,699,579
Schedule: Notice-to-Proceed Date: December 12, 2017
Original Contract Duration: 950 consecutive calendar days Modification Nos. 1 to 13: 413 consecutive calendar days Recommended Modification No. 14 (Final): 817 consecutive calendar days Total Final Contract Duration: 2,180 consecutive calendar days
Local Business
Enterprise
Participation and
Non-Discrimination
In Contracting:
The Contract Monitoring Division (CMD) established a 16% Local Business Enterprise (LBE) subcontracting requirement for this contract. The contractor committed to LBE participation of 37.86% with its bid submittal. CMD has determined the contractor has made a good faith effort to substantially comply with the L BE subcontracting requirements by achieving a final LBE subcontracting participation of 29.32%.
Attachment(s): 1. Contract Monitoring Division Memorandum Agenda Title: WD-2687R, AWSS Pump Station No. 2 Improvements (2016) Commission Meeting Date: September 10, 2024
AWSS Pump Station No. 2 Vicinity Map
Agenda Title: WD-2687R, AWSS Pump Station No. 2 Improvements (2016) Commission Meeting Date: September 10, 2024
AWSS Pump Station No.2 Site photo
PUBLIC UTILITIES COMMISSION
City and County of San Francisco
RESOLUTION NO.
WHEREAS, The San Francisco Public Utilities Commission (SFPUC ), in collaboration with the San Francisco Fire Department and San Francisco Public Works, identified projects to upgrade and extend the San Francisco Emergency Firefighting Water System (EFWS), formerly known as the Auxiliary Water Supply System (AWSS), to improve the City’s post-seismic event fire suppression capabilities. The AWSS Pump ing Station No. 2 Improvements (2016) project scope included a seismic retrofit of Pump Station No. 2 and various associated improvements to improve the reliability of the EFWS; and
WHEREAS, On September 12, 2017, by Resolution No. 17-0197, th e Commission awarded Contract No. WD-2687R, Auxiliary Water Supply System Pumping Station No. 2 Improvements (2016) to Rubecon Builders, Inc.; and
WHEREAS, The original contract amount was for $17,949,125 and the original contract duration was 950 consecutive calendar days; and
WHEREAS, On December 12, 2017, the SFPUC issued t he contract Notice -to-Proceed; and
WHEREAS, On July 28, 2020, by Resolution No. 20-0157, the Commission approved an increase of $1,500,000 to the existing cost contingency for a total amount of up to $21,244,037, with no change to the contract duration; and
WHEREAS, On February 9, 2021, by Resolution No. 21-0021, the Commission approved an increase of $1,500,000 to the existing cost contingency and an increase of 390 calendar days to the existing duration contingency, for a total amount of up to $22,744,037, and a total duration of up to 1,435 consecutive calendar days; and
WHEREAS, On September 28, 2021, by Resolution No. 21- 0148, the Commission approved an increase of 365 calendar days to the existing duration contingency, for a total duration of up to 1,800 consecutive calendar days with no change to the amount; and
WHEREAS, Modification Nos. 1 through 13 increased the contract amount by $3,638,462 and increased the contract duration by 413 consecutive calendar days for a total contract amount of $21,587,587 and a total contract duration of 1,363 consecutive calendar days , in accordance with Resolution Nos. 20-0157, 21-0021, and 21-0148, to perform channel intake and utilities work, replace a door, perform electrical modifications, perform various improvements within the building due to existing conditions (i.e. additional painting, demolition, pipe and structural supports, utility repairs, concrete repairs, fire alarm system modifications), and reconcil e bid quantities; and
WHEREAS; Contractor Rubecon Builders, Inc., (Rubecon) has completed its work scope for Contract No. WD -2687R, Auxiliary Water Supply System Pumping Station No. 2 Improvements (2016); and
WHEREAS, Staff recommends the Commission approve Modification No. 14 (Final) to increase the contract amount by $1,111,992, within the approved cost contingency, for a total
contract amount of $22,699,579 and increase the contract duration by 817 consecutive calendar days (which includes 380 additional consecutive calendar days plus 437 calendar days from the duration contingency that the Commission previously approved) for a total contract duration of 2,180 consecutive calendar days (approximately five years and 11 months), to resolve Rubecon’s claims for additional compensation due to time impacts and extended overhead , reconcile the overall contract duration due to Contractor delays , SFPUC delays, and concurrent delays (i.e. alleged differing site conditions, electrical modifications, various improvements within the building due to existing conditions, including additional painting, demolition, pipe and structural supports, utility repairs, concrete repairs, fire alarm system modifications ), and complete administrative closeout; and
WHEREAS, Contract Monitoring Division (CMD) established a Local Business Enterprise (LBE) subcontracting participation requirement of 16% for this contract, the contractor committed to LBE participation of 37.86% with its bid submittal, and CMD has determined that Contractor made a good faith effort to substantially comply with the LBE subcontracting requirements with a final LBE participation of 29.32%; and
WHEREAS, Funds are available from Project No. 10030778 (WD-2687R), AWSS Pump Station No. 2; now, therefore, be it
RESOLVED, That this Commission hereby accepts work performed by Rubecon Builders, Inc., under Contract No. WD -2687R, Auxiliary Water Supply System Pumping Station No. 2 Improvements (2016); approves Modification No. 14 (Final) increasing the contract amount by $1,111,992 and increasing the contract duration by 817 consecutive calendar days , for a final contract amount of $22,699,579 and a final contract duration of 2,180 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 September 10, 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: August 2nd, 2024
To: Ada Zhu, SFPUC
John Prete, SFPUC
From: Michelle Kassatly, CMD
Subject:
Closeout for WD-2687R PUC AWSS Pump Station 2
(PeopleSoft Contract ID: 1000008514)
The Contract Monitoring Division (“CMD”) has determined that Rubecon General Contracting Inc (“Rubecon”), 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 16% was established. Rubecon’s Section 00 43 36 reflected a Micro/Small-LBE subcontracting participation of 37.86%. Rubecon was awarded the contract in the amount of $17,949,125.00. After nineteen (19) change orders, the final contract amount is $22,699,578.55. Rubecon’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
Pioneer
Contractors
SF LBE -
MBE Small Roofing $01 0% $02 0%
R&S
Construction
Management
SF LBE -
MBE
Micro
Concrete $844,640 4.706% $0.00 0%
Bacon
Plumbing
SF LBE -
OBE
Micro
Plumbing, Fire
Protection $555,000 3.092% $618,720.72 2.73%
CMC Traffic
Control
SF LBE -
WBE Traffic Control $180,000 1.003% $6,234.34 0.03%
1 No credit was given for Pioneer Contractors due to lack of CMD certification in the Roofing category. 2 No credit was given for Pioneer Contractors due to lack of CMD certification in the Roofing category. Their Final LBE Contract Amount was $200,105.00.
2 Specialists Micro
Becker Electric
SF LBE -
OBE
Micro
Turnkey Fuel
Oil, Piping,
Electric
$2,215,000
12.340%
$2,641,870.48
11.64%
MC Metals
SF LBE -
MBE
Micro
Structural Steel
$2,028,800
11.303%
$488,086.47
2.15%
CPM
Environmental
Inc.
SF LBE -
MBE
Small
Hazmat
$759,900
4.234%
$1,651,330.46
7.27%
Team North
SF LBE -
WBE
Small
Equipment
rental of
sweeping/
water truck
$108,000
0.602%
$94,828.43
0.42%
Watertight
Restoration
SF LBE -
OBE
Micro
Waterproofing
$105,000
0.585%
$0.00
0%
Bullard’s
Heating and
Air Inc
SF LBE-
OBE Small
HVAC
--
--
$224,051.13
0.99%
Carney
Plastering
SF LBE-
MBE
Micro
Plastering
--
--
$16,556.00
0.07%
De Haro
Ramirez Group
SF LBE-
MBE Small Concrete -- -- $324,500.18 1.43%
Ground
Control Inc
SF LBE-
MBE
Micro
Earthwork
--
--
$123,170.71
0.54%
KCA Engineers SF LBE-
OBE Micro Survey -- -- $71,149.00 0.31%
Majestic
Construction
SF LBE-
MBE
Micro
Framing
Drywall
--
--
$267,307.01
1.18%
Priority
Architectural
Graphics
SF LBE-
WBE
Micro
Signage
--
--
$4,898.47
0.02%
R&I
Glassworks
SF LBE-
MBE
Micro
Glazier
--
--
$123,405.39
0.54%
TOTAL $6,796,340 37.86% $6,656,108.79 29.32%
Pursuant to communications with Rubecon and the SFPUC, factors that impacted the project’s overall and individual LBE participation are as follows:
1. Per the SFPUC, R&S Construction Management “requested to get out of the contract.
R&S, Rubecon, CMD staff and CMB staff all met to attempt to keep R&S on the project, but R&S ultimately asked to be taken off the contract at that meeting.” 3 3
2. CMD was informed by Rubecon, and it was confirmed by the SFPUC, that the reason that Rubecon was short of its commitment to CMC Traffic Control Specialists is because there was “much less traffic control work was needed than was originally anticipated.”
3. The reason that MC Metal’s credited LBE participation is short, is because, per the SFPUC, “MC metal bid on the job, but then when they looked closer at the work they informed RBI they did not have the capability to perform the roof truss work and could only perform a small amount of the steel work on the contract. RBI then had to find a second steel subcontractor.”
4. Rubecon stated, and as confirmed by the SFPUC, Rubecon was short of its LBE commitment to Team North because “at bid time of the PS2 project, Team North submitted a unit price menu and Rubecon assumed a total amount of $180,000.00 for the related scope.”
5. “The SFPUC requested that the waterproofing work for the foundation be deleted from the contract, which was Watertight’s scope of work on the project.” As a result, Rubecon was short of its LBE commitment to Watertight Restoration.
6. The bid dollar amounts for Bacon Plumbing and Becker Electric were increased, but due to the increased overall contract amount, their percentage was short. This is because, as confirmed by the SFPUC, the change orders were for time extensions and unexpected demolition and hazardous material removal and contained very little electrical and plumbing work. Moreover, Change Order 15 deleted some electrical work, which reduced Becker Electric’s scope.
Rubecon 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, Rubecon performed good faith efforts/outreach to LBE subcontractors in order to maximize the aforementioned scope of work deletions/changes that impacted its overall LBE commitments, as follows:
1. Bullard’s Healting and Air Inc, a SF LBE-OBE Small, was added to the contract.
2. Carney Plastering, a SF LBE-MBE Micro, was added to the contract.
3. De Haro Ramirez Group, a SF LBE-MBE Small, was added to the contract.
4. Ground Control Inc, a SF LBE- MBE Micro, was added to the contract.
5. KCA Engineers, a SF LBE-OBE Micro, was added to the contract.
6. Majestic Construction, a SF LBE-MBE Micro, was added to the contract.
7. Priority Architectural Graphics, a SF LBE-WBE Micro, was added to the contract.
8. R&I Glassworks, a SF LBE-MBE Micro, was added to the contract.
Based on the foregoing, CMD concurs with the closeout of this contract.