DEPARTMENT Natural Resources
AGENDA NO.
9c
MEETING DATE
September 13, 2022
APPROVAL:
COMMISSION
SECRETARY
Donna Hood
AGENDA ITEM
Public Utilities Commission
City and County of San Francisco
Professional Services Amend: Consent Calendar
Contract Manager: William Sears
Approve Amendment No. 2 to Contract No. CS-388, River Ecosystem Science Support Services
Summary of
Proposed
Commission Action:
Approve Amendment No. 2 to Contract No. CS-388, River Ecosystem Science Support Services, with McBain Associates, increasing the Contract amount by $400,000 in order to finalize technical documents and support environmental review of revised recommendations for instream flow releases from O’Shaughnessy Dam for compliance with United States Department of the Interior requirements, for a revised not- to-exceed Contract amount of $2,600,000 with no change to the Contract duration; and authorize the General Manager to execute Amendment No. 2.
Background: On January 27, 2015, by Resolution No. 15 -0019, this Commission awarded Contract No. CS -388, River Ecosystem Science Support Services, to McBain Associates, in an amount not-to-exceed $1,500,000 and with a term of five years, to provide hydrologic, geomorphic, biological and other related river and stream ecosystem science support services for the Upper Tuolumne River Ecosystem Program (UTREP) and other San Francisco Publi c Utilities Commission (SFPUC) stream and river management efforts for compliance with United Stated Department of the Interior requirements.
Description of Scope
of Services:
The work under this Contract No. CS-388 provides technical scientific support for the UTREP, addressing the following policy and regulatory objectives:
• Meeting SFPUC obligations and resolving long-standing issues with the United States Department of the Interior related to existing instream flow contracts for O’Shaughnessy Dam; • Meeting SFPUC mitigation and monitoring requirements
described in the Programmatic Environmental Impact Report for the SFPUC Water System Improvement Program; and
Contract: CS-388, River Ecosystem Science Support Services Commission Meeting Date: September 13, 2022
• Developing Upper Tuolumne River management
recommendations consistent with the SFPUC Water Enterprise Environmental Stewardship Policy.
The work consists of:
• Fish and wildlife surveys and studies.
• Flow-habitat relationship studies.
• Water temperature studies.
• Geomorphology studies.
• Hydrology studies.
• Integrated studies of ecosystem processes.
• Geographic Information Systems (GIS) and/or Computer Aided Design (CAD).
• Analysis and identification of operational constraints and opportunities.
• Development of analytica l frameworks, ecological objectives, adaptive management and monitoring plans, and instream flow recommendations.
• Production of plans, presentations, and other documents. • Project management and coordination.
Previous Contract
Amendments
Amendment No. 1 : On December 10, 2019, by Resolution No. 19 - 0229, the Commission approved Amendment No. 1 to increase the Contract amount by $700,000 and increase the C ontract duration by four years to allow for continued technical scientific support, increasing the total not -to-exceed amount to $2,200,000 and extending the Contract duration to nine years.
Proposed Contract
Amendment
Amendment No. 2 : Staff recommends approval of proposed Amendment No. 2 to increase the Contract by $400,000, which will allow the consultant to finalize technical documents and support environmental review of revised SFPUC recommendations for instream flow releases from O’Shaughnessy Dam, increasing the total not -to- exceed amount of the C ontract to $2,600,000, with no increa se in Contract duration.
Budget & Costs: Funding: Funds for this contract have been allocated from the Hetch Hetchy Water and Powers Operating Budget .
Original Not-to-Exceed Amount: $1,500,000
Amendment No. 1 Amount: $700,000 increase
Recommended Amendment No. 2 Amount: $400,000 increase
Recommended Total Not-To-Exceed Amount: $2,600,000
Contract: CS-388, River Ecosystem Science Support Services Commission Meeting Date: September 13, 2022
Schedule: Original Duration: Five years
Amendment No. 1 Duration: Increase duration by four years Requested Amendment No. 2 Duration: No change
Total Duration: Nine years
Compliance with
Chapter 14B: Local
Business Enterprise
Utilization and Non-
Discrimination in
Contracting
Ordinance:
The Contract Monitoring Division (CMD) established a subconsulting requirement of 12% Local Business Enterprise (LBE) participation for this contract.
McBain committed to 16.2% LBE subconsulting participation in its proposal, and this remains unchanged.
Recommendation: San Francisco Public Utilities Commission staff recommends that the Commission adopt the attached resolution.
Attachment(s): 1. CMD Memorandum
PUBLIC UTILITIES COMMISSION
City and County of San Francisco
RESOLUTION NO.
WHEREAS, On January 27, 2015, by Resolution No. 15-0019, this Commission awarded Contract No. CS-388, River Ecosystem Science Support Services , to McBain Associates and authorized the General Manager of the San Francisco Public Utilities Commission (SFPUC) to negotiate and execute a professional services Contract, with an amount not-to-exceed $1,500,000, and with a duration of five years; and
WHEREAS, On December 10, 2019, by Resolution No. 19 -0229, this Commission approved Amendment No. 1 to Contract No. CS-388, River Ecosystem Science Support Services, increasing the Contract amount by $700,000 and the Contract duration by four years to allow for continued technical scientific support, increasing the total not-to-exceed amount of the Contract to $2,200,000 and extending the Contract term to nine years; and WHEREAS, Staff recommends approval of proposed Amendment No. 2 to increase the Contract amount by $400,000, with no change to the Contract duration, to fund finalizing technical documents and support environmental review of revised SFPUC recommendations for instream flow releases from O’Shaughnessy Dam in order to comply with United Stated Department of the Interior requirements, increasing the total not -to-exceed contract amount to $2,600,000 with no change to contract duration; and
WHEREAS, The Contract Monitoring Division (CMD) established a subconsulting requirement of 12% Local Business Enterprise (LBE) participation for the total value of services to be provided under this Contract and McBain Associates committed to 16.2% LBE subconsulting participation in its proposal, and this remains unchanged; and WHEREAS, Funds for this Contracts are available in the Hetch Hetchy Water and Power Operating Budget; now, therefore, be it
RESOLVED, That this Commission hereby approves Amendment No. 2 to Contract No.
CS-388, River Ecosystem Science Support Services, with McBain Associates to finalize technical documents and support environmental review of revised SFPUC recommendations for instream flow releases from O’Shaughnessy Dam and for compliance with United Stated Department of the Interior requirements; and be it
FURTHER RESOLVED, That this C ommission authorizes the General Manager to execute Amendment No. 2, increasing the contract amount by $400,000 with no change to the contract duration, for a total not-to-exceed contract amount of $2,600,000 and a total duration of nine years.
I hereby certify that the foregoing resolution was adopted by the Public Utilities Commission at its meeting September 13, 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: August 3, 2022
To: Bill Sears, SFPUC
From: Jason Chow, CMD
Subject: CMD’s Amendment #2 for CS-388 River Science Support Services
The San Francisco Public Utilities Commission (“SFPUC”) has requested to amend the above referenced contract by $400,000 for a total not-to-exceed agreement amount of $2,600,000, with no time extension, for a total agreement duration of 9 years. McBain Associates (“McBain”) was awarded the above-referenced contract in the amount of $1,500,000.00. Per the SFPUC, the scope of work under Amendment #2 is to continue providing hydrologic, geomorphic, biological, and other related river ecosystem science support services on an as-needed basis.
Per the SFPUC, the amendment will allow for continued technical scientific support for the Upper Tuolumne River Ecosystem Program (UTREP), addressing the following policy and regulatory objectives:
• Meeting SFPUC obligations and resolving long-standing issues related to existing instream flow agreements for O’Shaughnessy Dam under the Raker Act;
• Meeting SFPUC mitigation and monitoring requirements described in the Programmatic Environmental Impact Report for the SFPUC Water System Improvement Program; and • Developing Upper Tuolumne River management recommendations consistent with the SFPUC Water Enterprise Environmental Stewardship Policy.
LBE Participation at Time of Proposal
The LBE subconsulting requirement established for this contract is 12%. The LBE subconsulting requirement applies to the entire contract, including any modifications, change orders, and amendments. At the time of proposal, McBain’s CMD Form 2A committed to 16.20% of LBE participation by listing the following LBE firms:
LBE Subconsultant Scope of Work
LBE Status
Credited
Participation
Meridian Surveying
Engineering, Inc. Surveying SF LBE-OBE 6.70%
Darnel Shaw
Environmental Environmental Science SF LBE-MBE 4.00%
2 LBE Subconsultant Scope of Work
LBE Status
Credited
Participation
Water Resource
Engineering Hydraulic Modeling SF LBE-MBE 3.00%
Natalie Macris Technical Editing SF LBE-WBE 2.00%
Omni digital Imaging, LLC Printing Reproduction SF LBE-WBE 0.50% TOTAL 16.20%
LBE Participation at Time of Contract Modification
As of July 13,2022, the LBE subconsultant participation achieved by McBain is as follows:
LBE Subconsultant Scope of Work Status Credited
Participation
Participation To- Date—NOT
Including CMD’s Amendment
#2 ($1,750,971.18 Invoiced)
Meridian Surveying
Engineering, Inc. Surveying SF LBE-OBE 6.70% $140,001.43 7.99% Darnel Shaw
Environmental
Environmental
Science SF LBE-MBE 4.00% $48,307.63 2.76%1
Darnel Shaw
Environmental, SPC
Environmental
Science Non-LBE -- $5,299.91 0.31%2
Water Resource
Engineering
Hydraulic
Modeling SF LBE-MBE 3.00% $52,637.56 3.01%
Natalie Macris Technical Editing SF LBE-WBE 2.00% $14,091.07 0.80% Omni Digital Imaging,
LLC
Printing
Reproduction SF LBE-WBE 0.50% $500.25 0.03%
TOTAL 16.20% $260,837.85 14.90%
Pursuant to communications with the SFPUC and McBain, Darnell Shaw Environmental SPC (“Darnell”), formally known as Darnell Shaw Environmental and Natalie Macris (“Natalie”) are currently at a lower percentage than their LBE participation committed by McBain at the time of proposal. This is because, Environmental Science work, the scope Darnell was listed to perform is typically not performed during this time of the year. Based on the nature of this work, this work is primarily scheduled to be performed between August until October.
Further, due to covid closures and wildfires the past couple of years, Environmental Science work (mainly fieldwork) has been drastically reduced. Barring any closures and wildfires, McBain foresees this work to get back on track. Moving forward, McBain doesn't foresee any issues meeting Darnell’s committed percentage at the time of proposal (referenced in the table below). For purposes of this agreement, both Darnell Shaw Environmental and Darnell Shaw Environmental SPC’s work will count as LBE participation (please refer to footnote).
As for the Technical Editing work, the scope Natalie was listed to perform, this work has not been requested by the SFPUC as part of the deliverable schedules of the recent task orders. Rather, the work that has been issued thus far is to lead into Natalie’s expertise. Therefore, over the next six (6) months, McBain anticipates that Natalie will have a significant amount of work. As such, there will be a
1 The owner of Darnell Shaw Environmental (LBE) closed its company. Thereafter, formed its new company, Darnell Shaw Environmental SPC (Non- LBE).
2 Darnell Shaw Environmental SPC will continue to receive LBE participation under this contract agreement.
3 significant increase in Natalie's participation. Moving forward, Bain doesn't foresee any issues meeting Natalie's committed percentage at the time of proposal (also referenced in the table below).
Another LBE subconsulant – Omni Digital Imaging – has had its scope of work reduced by the SFPUC, as the project is moving toward electronic deliverables due to much reduced demand for printed materials from stakeholders. Reduced printing will also decrease the paper consumption and the environmental footprint of the project.
Projected Total LBE Participation for Entire Contract, Including Amendment #2
McBain is required to make good faith efforts to utilize LBEs for any services, or portions thereof, which can reasonably be subcontracted throughout the life of the agreement. McBain confirmed that it will remain committed to assigning work to its listed LBE subconsultants and will continue to look for opportunities to utilize LBEs on future task orders. McBain foresees that it will meet its original LBE participation commitment of 16.2% as follows:
Firm Scope of Work Status Credited
Participation
Projected Participation for Entire
Contract Including CMD’s
Amendment #2 (Based on not-to-
exceed amount of $2,600,000)
Meridian Surveying
Engineering, Inc. Surveying SF LBE-OBE 6.70% $186,610.00 7.18% Darnel Shaw
Environmental
Environmental
Science SF LBE-MBE 4.00% $48,307.63 1.86%
Darnell Shaw
Environmental SPC
Environmental
Science Non-LBE -- $55,692.37 2.15%
Water Resource
Engineering
Hydraulic
Modeling SF LBE-MBE 3.00% $78,000.00 3.00%
Natalie Macris Technical Editing SF LBE-WBE 2.00% $52,000.00 2.00% Omni Digital
Imaging, LLC
Printing
Reproduction SF LBE-WBE 0.50% $500.75 0.02%
TOTAL 16.20% $421,110.75 16.20%
Per the SFPUC, Omni Digital’s scope of work (Printing Reproduction) will continue being reduced after the contract modification, as the SFPUC requests fewer printed materials, instead relying on electronic deliverables.
Going forward, the SFPUC Project Team/staff and McBain will continue to notify CMD of any changes to the scope of services and obtain CMD approval for any proposed subconsultant additions and/or substitutions according to established procedures. CMD will review this information to determine and facilitate progress towards the LBE subconsulting participation requirement for this project.
Contingent on the conditions set forth above, CMD approves the subject amendment. Should you have any questions, please contact Jason Chow at [email protected] .