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Agreement No. PRO.0233.C t

CleanPowerSF Sfpuc Commission
March 28, 2023

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Agreement No. PRO.0233.C t
Meeting
March 28, 2023
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CleanPowerSF Sfpuc Commission
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DEPARTMENT

Infrastructure Division

AGENDA NO.

6b

MEETING DATE

March 28, 2023

APPROVAL:

COMMISSION

SECRETARY

Donna Hood

AGENDA ITEM
Public Utilities Commission
City and County of San Francisco

Professional Services Award: Consent Calendar
Project Manager: Mario Valdez

Rescind and Re-Award Agreement No. PRO.0233.C, As-Needed Construction Management Services

Summary of
Proposed
Commission
Action:

Rescind the award of Agreement No. PRO.0233.C to CPM Associates, Inc. and Carlson Management, Inc. Joint Venture (CPM -CMI JV) under Resolution No. 22-0204, at the request of the contractor ; award Agreement No. PRO.0233.C to Townsend Management, Inc. -CM Pros JV Partners (TMI -CM Pros JV) , to provide construction management services for San Francisco Public Utilities Commission construction projects on an as -needed basis as part of Resolution No. 22- 0204; and authorize the General Manager to execute a professional services agreement, in an amount not to exceed $4,000,000 and with a duration of five years.

Background: On June 30, 2022, the San Francisco Public Utilities Commission (SFPUC) issued a Request for Proposals (RFP) to retain the services of qualified construction management (CM) firms to supplement and augment SFPUC Construction Management Bureau staff.

The SF PUC received nine proposals,
seven of which were responsive. The SFPUC awarded contracts PRO.0233.A-E to the five highest-ranked proposers in the following ranked order: (1) Avila & Associates Consulting Engineers, Inc. (AACE) ; (2) Environmental & Construction Services, Inc. (ECS) (3) CPM Associates, Inc. and Carlson Management, Inc. Joint Venture (CPM- CMI JV); (4) Mott MacDonald Group, Inc. and Dabri, Inc. Joint Venture (MM -Dabri JV) ; and (5) GHD, Inc. and Hollins Consulting, Inc. Joint Venture (GHD-HCI JV).

On February 9, 2023, prior to contract execution, third -ranked proposer CPM - CMI JV informed the SFPUC that it would be unable perform services under Agreement No. PRO.0233.C. Staff recommends rescinding the award of Agreement No. PRO.0233.C to CPM-CMI JV.

Townsend Management, Inc. - CM Pros JV Partners (TMI-CM Pros JV) was the sixth-ranked proposer. Staff recommends award of Agreement No. PRO.0233.C to TMI-CM Pros JV.

Agreement: PRO.0233.C, As-Needed Construction Management Services Commission Meeting Date: March 28, 2023

Description of
Scope of Services:

The CM services under these as-needed agreements for the SFPUC Construction Management Bureau include, but are not limited to, the following:
• Construction administration and change management;
• Construction inspection;
• Project controls;
• Environmental compliance monitoring;
• Supplier quality surveillance (SQS);
• Special laboratory testing;
• Testing, startup, and commissioning assistance;
• Surveying;
• Construction safety inspection; and
• Technical data entry and document control, including engineering archives.

Budget & Costs: Funding: Funding for each task order will come from individual construction projects.

Not-to-Exceed Amount: $4,000,000

Schedule: Advertised: June 30, 2022
Estimated Notice to Proceed Date: April 30, 2023
End Date: April 30, 2028
Duration: Five (5) years

Evaluation and
Selection Criteria:

Evaluation and Selection
The evaluation and selection process consisted of three scored elements: (1) Technical Written Proposal , (2) Diversity, Equity, and Inclusion (DEI) Submittal, and (3) Overhead and Profit Schedule (OPS). Scoring of proposals provided for up to a maximum of one thousand (1,000) points: eight hundred ninety-five (895) points for the technical written proposal, five (5) points for the DEI submittal, and one hundred (100) points for the OPS.

An evaluation panel scored the technical written proposals. The panel c onsisted of individuals knowledgeable on the subject matter and included staff from the SFPUC and San Francisco Public Works (SFPW).

The SFPUC received seven responsive proposals. The Commission awarded contracts to the five highest -ranked consulting firms . The sixth highest -ranked firm was TMI-CM Pros JV.

Agreement: PRO.0233.C, As-Needed Construction Management Services Commission Meeting Date: March 28, 2023

Final Score
Summary:

Technical Written Proposal Score, DEI Submittal Score, OPS Score, and Contract Monitoring Division (CMD) Bonus, if applicable:

Note: The following scores, and bonuses if applicable, have been rounded to one decimal place.

Firms
Technical
Written
Proposal
Score
(895)
DEI
Submittal
Score

(5)
OPS
Score

(100)
Points
Subtotal

(1,000)
CMD
Bonus

(%)
Total
Score
Avila & Associates
Consulting Engineers
(AACE)
818.25 5.00 100 923.25 10% 1,015.58
Environmental &
Construction
Solutions (ECS)
764.14 5.00 100 869.14 10% 956.05
CPM Associates-
Carlson Management,
Inc. JV Partners
(CPM-CMI JV)
781.26 5.00 100 886.26 7.5% 952.73
Mott MacDonald-
Dabri JV Partners
(MM-Dabri JV)
756.61 5.00 100 861.61 7.5% 926.23
GHD-Hollins
Consulting, Inc. JV
Partners
(GHD-HCI JV)
727.53 5.00 100 832.53 7.5% 894.96
Townsend
Management, Inc.-
CM Pros JV Partners

(TMI-CM Pros JV)
687.06 5.00 100 792.06 10% 871.27
Design &
Construction
Management Services
(DCMS)
632.65 5.00 100 737.65 10% 811.42

Compliance with
Chapter 14B: Local
Business Enterprise
Utilization and
Non-
Discrimination in
Contracting
Ordinance:

Set: The CMD established a Local Business Enterprise (LBE) subconsulting participation requirement of 20% (of the total value of services to be provided) for these agreements.

Submitted: The CMD has determined that TMI-CM Pros JV (PRO.0233.C) has complied with pre -award Chapter 14B requirements and is eligible for award of this agreement. Additionally, TMI -CM Pros JV committed to 45% LBE subconsulting participation.

Environmental
Review:

Award of this as -needed contract does not constitute a “project” under the California Environmental Quality Act (CEQA) Guidelines section 15378 Agreement: PRO.0233.C, As-Needed Construction Management Services Commission Meeting Date: March 28, 2023

because it does not involve commitment to any specific project that may result in a physical change in the envir onment. Any work under the agreement will consist of support services only, and no support services during construction of the individual project(s) will be initiated under this contract until any appropriate environmental review under the CEQA, if require d, has been completed for the individual project(s).

Recommendation: Staff recommends that the Commission adopt the attached resolution.

Attachments: 1. CMD Memorandum

PUBLIC UTILITIES COMMISSION
City and County of San Francisco

RESOLUTION NO.

WHEREAS, A consultant awarded one of five as -needed construction management (CM) contracts has declined to enter into an agreement, and San Francisco Public Utilities Commission (SFPUC) staff is recommending rescission of that award and award o f the contract to the next-highest-ranked, qualified proposer; and WHEREAS, On December 13, 2022, by Resolution No. 22- 0204, this Commission awarded professional services Contract No. PRO.0233 to CPM Associates, Inc. and Carlson Management, Inc. Joint Venture (CPM- CMI JV) and authorized the General Manager to execute a professional services agreement with CPM-CMI JV for an amount not to exceed $4,000,000, and with a duration of five years; and
WHEREAS, After contract award, and prior to contract execution, CPM -CMI JV communicated to SFPUC staff that it would not be able to enter into Contract No. PRO.0233.C; and,
WHEREAS, Under the Request For Proposals for Contract No. PRO.0233, at S ection

7.1, the General Manager may select the next highest -ranked proposer if a proposer fails to execute a contract within two weeks of receiving the contract; and WHEREAS, The General Manager has determined that it is in the best interest of the City for the Commission to rescind the contract award to CPM -CMI JV by Resolution Number 22- 0204 for Contract No. PRO.0233.C and award Contract No. PRO.0233.C to the next -highest- ranked proposer, Townsend Management, Inc.-CM Pros JV Partners (TMI-CM Pros JV); and WHEREAS, The estimated cost of services is for an amount not to exceed $4,000,000 for each contract; and
WHEREAS, Services are anticipated t o begin in April 2023 and end in April 2028, and the duration of the agreement is 1,825 consecutive calendar days; and WHEREAS, The SFPUC and Contract Monitoring Division (CMD) review of the proposals resulted in the establishment of TMI -CM Pros JV as the sixth and thus next highest - ranked consulting firm; and
WHEREAS, The CMD established a Local Business Enterprise (LBE) subconsulting participation requirement of 20% (of the total value of services to be provided) for the agreement, and TMI-CM Pros JV committed to an 45% LBE subconsulting participation; and WHEREAS, Award of this as- needed contract does not constitute a “project” under the California Environmental Qua lity Act (CEQA) Guidelines Section 15378 because it does not involve any commitment to any specific project that may result in a physical change in the environment and work under the agreement will consist of support services only, and no support services during construction of the individual project(s) will be initiated under this contract until any appropriate environmental review under CEQA, if required, has been completed for the individual project(s); and
WHEREAS, Funds for the agreement will be availa ble at the time of issuance of task orders from individual construction projects; now, therefore, be it

RESOLVED, That this Commission hereby rescinds that part of Resolution No. 22- 0204 (December 13, 2022) awarding Contract No. PRO.0233.C to CPM Associates, Inc. and Carlson Management, Inc. Joint Venture; and be it
FUTHER RESOLVED, That this Commission awards Contract No. PRO.0233.C, As - Needed Construction Management Services to TMI-CM Pros JV to provide CM services for SFPUC construction projects on an as-needed basis; and be it FURTHER RESOLVED, That this Commission authorizes the General Manager to execute a professional services agreemen t (PRO.0233.C) with TMI-CM Pros JV for an amount not-to-exceed $4,000,000, and with a duration of five years.

I hereby certify that the foregoing resolution was adopted by the Public Utilities Commission at its meeting of March 28, 2023.

Secretary, Public Utilities Commission

CONTRACT MONITORING DIVISION

OFFICE OF THE CITY ADMINISTRATOR

London N. Breed, Mayor
Carmen Chu, City Administrator Stephanie Tang, Director

MEMORANDUM
Date: 03 March 2023
To: Mario Valdez, Project Manager, SFPUC
Shawndrea Hale, Contract Analyst, SFPUC
From: Jovi Cuntapay-Vitin, Contract Compliance Officer, CMD Subject: PRO.0233 As-Needed Construction Management (CM) Services – Updated CMD Award Memo

The Contract Monitoring Division (“CMD”) has reviewed the consultant proposals and supporting documentation and applied the appropriate rating bonuses submitted for the above referenced project. Based on this review, CMD has determined that the proposals were materially compliant with the pre-award Chapter 14B requirements.

Rating Bonus
The following is a summary of the rating bonus information:

FIRM Status, Type and Size Rating Bonus
Avila & Associates Consulting Engineers, Inc. SF-LBE WBE (Small) 10% CPM-Carlson JV Carlson: SF-LBE OBE
(Micro) 7.5%
Design & Construction Management Services SF-LBE OBE (Micro) 10% Environmental & Construction Solutions, Inc SF-LBE OBE (Small) 10% GHD-Hollins JV Hollins: SF-LBE MBE
(Small) 7.5%
MMD-Dabri JV Dabri: SF-LBE WBE
(Small) 7.5%
TMI-CM Pros JV C M Pros: SF-LBE MBE
(Small) 10%

Score Sheets and Score Tabulations
The Request for Proposal (“RFP”) indicates that the five (5) highest -ranked proposers from the combined score of Technical Written Proposal, Diversity, Equity and Inclusion Submittals and Overhead and Profit Schedule wil l proceed with the award of the agreement. For the highest - ranked firms, CMD has reviewed the score sheets submitted by the panelists and the final score

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

2 tabulations from the SFPUC. Based on this information and after the application of the LBE rating bonus, the proposers are ranked as follows:

RANK FIR
M
1 Avila & Associates Consulting Engineers, Inc.
2 Environmental & Construction Solutions, Inc
3 CPM-Carlson JV
4 MMD-Dabri JV
5 GHD-Hollins JV
6 TMI-CM Pros JV
7 Design & Construction Management Services

CPM-Carlson JV achieved the third highest score. However, per SFPUC, CPM -Carlson JV failed to enter into an agreement with SFPUC because Carlson Management, Inc. (“Carlson”), the Non- LBE Joint Venture Partner, is no longer interested in participating in this contract.

Hence, the contract can no longer be awarded to CPM-Carlson JV because of the dissolution of the Joint Venture entity. The contract will now be awarded to the next highest -ranked proposer responsive to the requirements of Chapter14B and SFPUC.

Following the dissolution of CPM-Carlson JV, MMD-Dabri JV will take its place as the proposer who achieved the third highest score.

LBE Subconsultant Participation Requirement
Avila & Associates Consulting Engineers, Inc. (“Avila”) achieved the highest score. Avila met the 20% LBE subconsultant participation requirement by listing the following LBE firms:

LBE Firm Service Status, Type
and Size
LBE
Participation
M Lee Corporation Construction Management (Cost
Estimating) MBE 1.20%
Saylor Consulting Group Construction Management (Cost
Estimating) WBE 5.20%
Meridian Surveying
Engineering Inc Surveying OBE 0.50%
SCA Environmental,
Inc.

Hazardous Materials; Industrial Hygiene WBE .10%

Dabri, Inc.

Construction Management
(Construction Inspection; Project
Controls)

WBE

8.00%
Chaves & Associates Records Management & Storage
(Document Control) WBE 1.00%
Pro-Tec Safety Construction Safety Manager MBE 3.00%
Joe Hill Consulting &
Engineering Corporation

Green Infrastructure Inspection

OBE

1.00%
TOTAL: 20.00%

Avila also listed the following non-LBE firms:
3 Firm Service Participation
Jacobs Project
Management Co. Resident Engineer; Inspection; Cost Estimating 7.00% EPC Consultants, Inc. Inspection; Safety 6.00%
Hazen & Sawyer Field Contract Administration, Resident Engineering, and Inspection 7.00%
ENGEO Materials Testing and Special Inspection 1.00%
ICF Jones & Stokes, Inc. Specialty Environmental Monitor 1.00% Kleinfelder, Inc. Special Inspection; Materials Testing; SQS Inspection 1.00% Kleinfelder
Construction Services

Construction/QC Inspection

6.00%
Towill, Inc. Lead Surveyor 1.00%
ISI Inspection
Services, Inc. SQS Inspection, Special Inspection 1.00% TOTAL: 31.00%

Environmental & Construction Solutions, Inc. (“ECSI”) achieved the second highest score. ECSI met the 20% LBE subconsultant participation requirement by listing the following LBE firms:

LBE Firm

Service
Status,
Type and
Size
LBE
Participation
Joe Hill Consulting &
Engineering
Corporation
FCA, Testing, OE
OBE

10.00%
Saylor Consulting Group Estimator/ADCS WBE 2.00%
C M Pros Inspector MBE 2.00%
Design &
Construction
Management
Services

SOE, SQS, ADCS

OBE

1.00%
Effective
Management Services
LLC

Safety Manager, Inspectors

MBE

2.00%
Meridian Surveying Surveyor OBE 1.00%
Pro-Tec Safety
Consultants Safety Manager MBE 1.00%
BioMaAs ER Inspector, ER Monitor MBE 1.00%
APEX Testing Labs Material Testing SBA 5.00%***
TOTAL: 20.00%
***SBA LBE – no credit as the RFP states that only Micro and Small SF-LBEs will get credit towards the LBE Requirement. 4 MMD-Dabri JV achieved the third highest score. Dabri, Inc. (“Dabri”), a LBE certified firm, is a 40% joint venture partner. To meet this commitment, Dabri will manage and perform a substantial portion of the work. MMD-Dabri JV met the 20% Micro/Small LBE subconsultant participation requirement by listing the following Micro/Small LBE firms:

Firm

Service
Status,
Type and
Size
LBE
Participation
BioMaAs, Inc. Environmental Inspector, Specialty
Environmental Monitor MBE 2.50%
Effective
Management Solutions,
LLC
Field Contracts Administrator, Construction
Inspector

MBE

5.00%
Salimi Management,
LLC Test & Start-Up Engineer MBE 7.50%
Telamon Engineering
Consultants, Inc. Surveyor WBE 1.00%
The Their Group,
LLC
Construction Inspector, Public Relations WBE 4.00%
Bay Area Coating
Consultants, Inc. Materials Testing PUC 0.50%***
TOTAL: 20.00%
***PUC-LBE – no credit as the RFP states that only Micro and Small SF-LBEs will get credit towards the LBE Requirement.

MMD-Dabri JV also listed the following non-LBE firms:

Firm Service Participation
Applied Materials &
Engineering, Inc. Materials Testing 0.50%
EPC Consultants, Inc. Construction Safety Manager 2.50% Hurley Technical
Services, Inc. Supplier Quality Surveillance 2.00%
TOTAL: 5.50%

GHD-Hollins JV achieved the fourth highest score. Hollins Consulting, Inc. (“Hollins”), a LBE certified firm, is a 40% joint venture partner. To meet this commitment, Hollins will manage and perform a substantial portion of the work. GHD-Hollins JV met the 20% Micro/Small LBE subconsultant participation requirement by listing the following Micro/Small LBE firms:

Firm

Service
Status,
Type and
Size
LBE
Participation
Applied Technology
& Science, A-T-S Environmental Compliance Monitoring WBE 3.34% Joe Hill Consulting &
Engineering
Construction Inspection/Testing Startup and
Commissioning OBE 3.34%
5 Corporation
M. Lee Corporation Estimating MBE 3.33%
PRO-TEC Safety
Consultant Construction Safety MBE 3.33%
Salimi Management,
LLC dba Salimi
Construction
Management

Construction Inspection and Scheduling
MBE

3.33%
Telamon Engineering
Consultants, Construction Inspection and Surveying WBE 3.33% TOTAL: 20.00%

GHD-Hollins JV also listed the following non-LBE firms:

Firm Service Participation
Signet Testing
Laboratories, Inc. Material Testing and Supplier Quality Surveillance 1.00% TOTAL: 1.00%
TMI-CM Pros JV achieved the fifth highest score. Townsend Management, Inc. (“Townsend”) and CM Pros (“CM Pros”), both a CMD-LBE certified firm, are a joint venture partner. To meet this commitment, both firms will manage and perform a substantial portion of the work. TMI-CM Pros JV met the 20% Micro/Small LBE subconsultant participation requirement by listing the following Micro/Small LBE firms:

Firm

Service
Status,
Type and
Size
LBE
Participation
Joe Hill Consulting &
Engineering
Corporation
Construction Inspection/Testing Startup and
Commissioning

OBE

14.00%
Salimi Management,
LLC dba Salimi
Construction
Management

Construction Inspection and Scheduling
MBE

10.00%
Transamerican Engineers Surveyor MBE 2.00%
Albion Partners Environmental Compliance Monitoring OBE 5.00% Chaves & Associates Administrative Document Control Specialist WBE 2.00% Pro-Tec Safety Construction Safety MBE 2.00%
The Their Group Construction Inspection WBE 10.00%
Montez Group Office Engineering, Resident Engineering MBE (TBD) 0.00% TOTAL: 45.00%

TMI-CM Pros JV also listed the following non-LBE firms:

Firm Service Participation
EPC Consultants Inc. Testing and Start Up, Construction Inspection TBD SKS Engineering &
Planning Environmental Inspection TBD
TOTAL: 0.00%

Good Faith Efforts Requirements
Avila utilized Approach A: (35% Approach) on CMD Form 2B to meet the Good Faith Efforts (“GFE”) Requirements.

Avila demonstrated that it met the GFE requirements under Approach A by exceeding the sum of the LBE subcontracting participation requirement(s) established for this project by at least 35%.

ECSI utilized Approach A: (35% Approach) on CMD Form 2B to meet the Good Faith Efforts (“GFE”) Requirements.

ECSI demonstrated that it met the GFE requirements under Approach A by exceeding the sum of the LBE subcontracting participation requirement(s) established for this project by at least 35%.

MMD-Dabri JV utilized Approa ch A: (35% Approach) on CMD Form 2B to meet the Good Faith Efforts (“GFE”) Requirements.

MMD-Dabri JV demonstrated that it met the GFE requirements under Approach A by exceeding the sum of the LBE subcontracting participation requirement(s) established for this project by at least 35%.

GHD-Hollins JV utilized Approach A: (35% Approach) on CMD Form 2B to meet the Good Faith Efforts (“GFE”) Requirements.

GHD-Hollins JV demonstrated that it met the GFE requirements under Approach A by exceeding the sum of the LBE subcontracting participation requirement(s) established for this project by at least 35%.

TMI-CM Pros JV utilized Approach A: (35% Approach) on CMD Form 2B to meet the Good Faith Efforts (“GFE”) Requirements.

TMI-CM Pros JV demonstrated that it met the GFE requirements under Approach A by exceeding the sum of the LBE subcontracting participation requirement(s) established for this project by at least 35%.

The RFP indicates that a contract will be awarded to the five (5) highest -ranked proposers. Base d on the foregoing, CMD has determined that Avila, ECSI, MMD-Dabri JV, GHD-Hollins JV and TMI -CM Pros JV have complied with the pre-award Chapter 14B requirements.

Should you have any additional questions and/or concerns, please feel free to contact me at (650) 273 6352 or (415) 554 3136.

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