SAN FRANCISCO PUBLIC UTILITIES COMMISSION
City and County of San Francisco
London N. Breed
Mayor
REGULAR MEETING AGENDA
Tuesday, June 13, 2023
1:30 PM
1 Dr. Carlton B. Goodlett Place
City Hall, Room 400
Members of the San Francisco Public Utilities Commission (SFPUC) will attend this meeting in-person. Members of the public are invited to observe the meeting in-person or remotely by watching live online as described below.
Members of the public attending the meeting in person or remotely will have an opportunity to provide public comment on every action or discussion item.
Members of the public are encouraged to provide public comment by email. Send an email to [email protected] by 5 pm the day before the meeting to ensure your comment is received by the Commission in advance of the meeting. All comments received will be made part of the official record.
REMOTE MEETING ACCESS
Watch: https://www.sfgovtv.org/sfpuc
REMOTE PUBLIC COMMENT CALL-IN: 1 (415) 655-0001/ACCESS CODE 2592 228 1894 # # (No Passcode Required )
When your item is called, press *3 to be added to the public comment speaker line. Commenters will have up to two minutes to provide comment unless otherwise noted by the Chair. Please speak clearly, ensure you are in a quiet location, and turn off any TV’s or computers around you.
Commissioners
Newsha Ajami, President
Sophie Maxwell, Vice President
Tim Paulson
Anthony Rivera
Kate H. Stacy
Dennis J. Herrera
General Manager
Donna Hood
Commission Secretary
Accessible Meeting Policy: City Hall, Room 400 is wheelchair accessible. The meeting will be broadcast and captioned on SFGovTV. Remote public participation is available upon request for individuals who cannot attend in person due to disability. Making a request to participate remotely no later than one hour before the start of the meeting helps ensure availability of the meeting link. Sign Language Interpretation is also available upon request. Sign Language Interpretation is available upon request. If requesting Sign Language Interpretation, please submit an accommodation request a minimum of four business hours before the start of the meeting. Allowing a minimum of 48 business hours for all other accommodation requests (for example, all other auxiliary aids and services) helps ensure availability. To request accommodation, please contact the Commission Secretary at [email protected] or 415-554-3165.
Know Your Rights Under the Sunshine Ordinance: Government's duty is to serve the public, reaching its decision in full view of the public. Commissions, boards, councils and other agencies of the City and County exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review. For more information on your rights under the Sunshine Ordinance or to report a violation of the ordinance, contact Administrator, by mail to Sunshine Ordinance Task Force, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102.4689; by phone at 554.7724; by fax at 554.7854; or by email at [email protected]. Copies of the Sunshine Ordinance can be obtained from the Clerk of the Sunshine Task Force, the San Francisco Public Library and on the City’s website at http://www.sfgov.org.
311 Free Language Assistance: 免費語言協助/ Ayuda gratuita con el idioma / Бесплатная помощь переводчиков / Trợ giúp Thông dịch Miễn phí / Assistance linguistique gratuite / 無料の言語支援/ 무료 언어 / 지원 / คว“มช◌ว◌่ ยเหลอ◌◌ืท“งภ“ษ“โดยไมเ◌◌่ ส’ยคาใชจ◌ ◌้าย / Libreng tulong para sa wikang Tagalog ยเหลอ◌◌ื
Lobbyist Registration and Reporting Requirements: Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [SF Campaign & Governmental Conduct Code §2.100] to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the San Francisco Ethics Commission at 25 Van Ness Avenue, Suite 220, San Francisco, CA 94102; telephone (415) 252-3100; fax (415) 252-3112; web site at www.sfgov.org/ethics.
CEQA Appeal Rights under Chapter 31 of the San Francisco Administrative Code: If the Commission’s action on a project constitutes the Approval Action for that project (as defined in S.F. Administrative Code Chapter 31, as amended, Board of Supervisors Ordinance Number 161-13), then the CEQA determination prepared in support of that Approval Action is thereafter subject to appeal within the time frame specified in S.F. Administrative Code Section 31.16. Typically, an appeal must be filed within 30 calendar days of the Approval Action for a project that has received an exemption or negative declaration pursuant to CEQA. For information on filing an appeal under Chapter 31, contact the Clerk of the Board of Supervisors at City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102, or call (415) 554-5184. If the Planning Department’s Environmental Review Officer has deemed a project to be exempt from further environmental review, an exemption determination has been prepared and can be obtained on-line at http://www.sf-planning.org/index.aspx?page=3447. Under CEQA, in a later court challenge, a litigant may be limited to raising only those issues previously raised at a hearing on the project or in written correspondence delivered to the Board of Supervisors, Planning Commission, Planning Department or San Francisco Public Utilities Commission at, or prior to, such hearing, or as part of the appeal hearing process on the CEQA decision.
ORDER OF BUSINESS
1. Call to Order
2. Roll Call
3. Approval of the Minutes of May 23, 2023
4. Report of the General Manager (discussion only)
a) San Francisco Public Utilities Commission Human Resources Update b) Results of Recent Bond and Loan Financings for Wastewater Enterprise c) Quarterly Budget Status Report
d) Water Enterprise Capital Improvement Program Quarterly Report e) Water System Improvement Program Quarterly Report
f) Report on Recent San Francisco Public Utilities Commission Activities, Events and Announcements
5. CONSENT CALENDAR
a) Approve Amendment No. 3 to Contract No. BPUC13000025, Software as a Service Agreement, with Yardi Systems, Inc., to increase the Contract amount by $175,000 for a new total Contract amount of $515,290, and retroactively extend the Contract duration by five years, for a total Contract term of 15 years, subject to approval by the Board of Supervisors. (Flynn)
b) Approve an increase of 365 calendar days to the duration contingency for Contract No. DB-121R2, Moccasin Powerhouse Generator Rehabilitation Project, with General Electric Renewable Energy, due to delays in the supply chain for long lead items; and authorize the General Manager or the General Manager’s designee, to approve future modifications to the contract for a new total contract duration of up to 1,567 consecutive calendar days. (Robinson)
c) Award Contract No. DB-135, O’Shaughnessy Dam New Bulkhead System (Project) to Alltech Engineering Corp., in the not-to-exceed amount of $9,857,000, and with a term of 670 consecutive calendar days (approximately one year and 10 months), to design and build a new bulkhead system that will provide reliable and safe isolation of existing gates and valves for O’Shaughnessy Dam. This action constitutes the Approval Action for the Project for the purposes of the California Environmental Quality Act (CEQA) pursuant to San Francisco Administrative Code section 31.04(h). The Planning Department determined that the Project is exempt from the CEQA. The Commission will rely on that determination to make its decision on this action. (Robinson)
d) Approve the assignment and assumption of Contract HH-1000R, Mountain Tunnel Improvements Project; and authorize the General Manager to execute an Assignment and Assumption Agreement to assign the existing Contract from Michels Tunneling, a division of Michels Corporation, to a wholly owned Michels Corporation affiliate, Mountain Tunnel Constructors, Inc. (Robinson)
e) Award Contract No. HH-1011, O’Shaughnessy Dam Instream Flow Release Valve Replacement (Project), to the responsible bidder that submitted the lowest responsive bid, Sierra Mountain Construction, Inc., in the amount of $5,960,000, and with a term of 636 consecutive calendar days (approximately one year and nine months), to replace and improve the Instream Flow Release Valve system at O’Shaughnessy Dam. This action constitutes the Approval Action for the Project for the purposes of the California Environmental Quality Act (CEQA) pursuant to San Francisco Administrative Code section 31.04(h). The Planning Department determined that the Project is exempt from the CEQA. The Commission will rely on that determination to make its decision on this action. (Robinson) f) Approve Amendment No. 2 to Contract Nos. PRO.0018.A and PRO.0018.B, As-Needed Power Operations Support, with Siemens Industry, Inc. (PRO.0018.A) and Utilicast, LLC (PRO.0018.B), extending the duration of each contract by three years, with no change to the contract amount, for a total duration of nine years for each contract in order to ensure continuity of power operations support services until a new contract is awarded. (Hale) g) Modify Contract Nos. PRO.0085.A-B, Hetch Hetchy Capital Improvement Program Region As-Needed Engineering Services, with AECOM Technical Services, Inc. (PRO.0085.A), and McMillen Jacobs/Joe Hill, Joint Venture (McMillen Jacobs-Joe Hill JV) (PRO.0085.B) to increase each contract amount by $2,000,000 for a new total contract amounts of $6,500,000 each, with no change to the contract durations, to provide additional contract capacity so that as-needed engineering services for San Francisco Public Utilities Commission capital improvement projects in the Hetch Hetchy region can be accomplished. (Robinson) h) Award Contract Nos. PRO.0231.A-D, Specialized and Technical As-Needed Services, to Stantec/JHCE Joint Venture (JV) (PRO.0231.A); MMD JV (PRO.0231.B); AECOM/WRE JV (PRO.0231.C); and LEE Incorporated (PRO.0231.D), each for an amount not-to-exceed $7,500,000 with a term of five years, to provide specialized and technical support services for water, power, operations and maintenance, and engineering planning services. (Ritchie)
i) Award Contract No. PRO.0253, Low Interest Loans and Grants Program, to EPC Consultants, Inc. - Avila and Associates Consulting Engineers, Inc., Joint Venture (EPC-AVILA JV), in an amount not-to-exceed $4,000,000, and with a duration of five years to provide support for maximizing access to federal, state, and other low-cost financing and grant options and managing all aspects of loan and grant applications and award requirements from end-to-end under the direction of Loans and Grants Steering Committee and SFPUC Loans and Grants Director. (Hom)
j) Approve an increase of $5,000,000 to the contract cost contingency and an increase of 228 calendar days (approximately eight months) to the contract duration contingency, for Contract No. WW-639, Oceanside Water Pollution Control Plant Digester Gas Utilization Upgrades, with Monterey Mechanical Co., due to COVID-19 associated equipment delivery delays and related supply chain breakdowns, and additional electrical modifications within building 800; and authorize the General Manager to approve future modifications to the contract for a total contract amount $47,293,900 and a total contract duration up to 1,997 consecutive calendar days (approximately five years and six months). (Robinson) k) Approve the terms and conditions and authorize the General Manager to execute, subject to Board of Supervisor approval, a no-cost Project Specific Maintenance Agreement with the State of California, Department of Transportation (Caltrans), for ongoing maintenance supporting proposed improvements by the San Francisco Public Utilities Commission at 18 locations within Caltrans right-of-way along a six-mile section of State Route 35, south of State Route 92, in San Mateo County, California. The proposed improvements are associated with the Southern Skyline Boulevard Ridge Trail Extension Project. (Ritchie)
REGULAR CALENDAR
6. Award Grant No. CS-1249(G), Career Exposure and Environmental Education Grant to San Francisco School District, to fund public-utility related educational programs at John O’Connell High School in an amount not-to-exceed $375,000 and with a term of two years. (Ordikhani)
7. Modify Contract No. PRO.0101, Tunnel Engineering Services of the Folsom Area Stormwater Improvement Project, with McMillen Jacobs Associates/Stantec, Joint Venture, to increase the Contract amount by $7,500,000 for a new total Contract amount of $17,200,000 and increase the Contract duration by four years for a new total Contract duration of nine years and one month due to increased Caltrans’ design and analysis requirements and to provide engineering support during construction, subject to Board of Supervisors approval under Charter Section 9.118. (Robinson)
8. Approve Modification No. 1 to Contract No. PRO.0104, Southeast Water Pollution Control Plant Program Construction Management Service with Parsons Water & Infrastructure Inc., to increase the Contract amount by $12,000,000 for a new total Contract amount of $47,000,000 with no change to the Contract duration, subject to Board of Supervisors approval under Charter Section 9.118. This Modification No. 1 will allow for continued program-level construction management oversight, and supervision of the Sewer System Improvement Program projects located at the Southeast Water Pollution Control Plant to ensure continued program standardization and consistency while meeting the San Francisco Public Utilities Commission’s goals and requirements in accordance with the Construction Management Plan, Safety Approach, and Construction Management Procedures. (Robinson)
9. Award Contract No. WW-735, Various Locations Main Sewer Inspection No. 1, in the amount of $1,998,888 with a duration of 330 consecutive calendar days, to the sole responsible, bidder that submitted a responsive bid, Pipe and Plant Solutions, Inc., in accordance with San Francisco Administrative Code section 6.23(c)(2), to inspect existing sewers at various locations within the City and County of San Francisco. (Robinson)
10. Authorize the General Manager to execute an Amendment to the Memorandum of Understanding between the San Francisco Airport Commission, and the San Francisco Public Utilities Commission to extend the term for two years to end on June 30, 2025, with no change in the not-to-exceed amount of $3,800,000, to complete the engineering design work required for the development, construction, and environmental review of the Electric Capacity Upgrade Program to increase capacity and improve redundancy at the PUC-owned airport substations. (Hale)
11. Public Hearing to approve a Commercial Clothes Washer Rebate Program and adopt Rules and Regulations to allow the San Francisco Public Utilities Commission to issue rebates for commercial-grade washing machines in an amount up to $5,000 dollars for each qualifying machine, to promote water and energy conservation in the City and County of San Francisco. (Ritchie)
12. Authorize the General Manager to accept and expend, and to request approval from the Board of Supervisors under Administrative Code section 10.170-1(b) to accept and expend, grant funds of up to $538,051 from the California Department of Water Resources for the pipeline construction of the San Francisco Zoo Recycled Water Project; and authorize the General Manager to execute the Local Project Sponsor Agreement with the Association of Bay Area Governments, to take such actions deemed necessary or appropriate to facilitate the execution of the Agreement, and to enter necessary or appropriate modifications to the Agreement. This action constitutes the Approval Action for the Project for the purposes of the California Environmental Quality Act (CEQA), pursuant to San Francisco Administrative Code section 31.04(h). The Planning Department has determined that this action is exempt from the CEQA. If the item is approved, the Commission will rely on that determination to make its decision. (Ritchie)
13. Communications (information only)
a) Advance Calendar
b) Contract Advertisement Report
c) Correspondence Log
d) Alternative Water Supply Program Quarterly Report
e) Water Supply Conditions Update
14. General Public Comment
Members of the public may address the Commission on matters that are within the Commission’s jurisdiction and are not on today’s agenda.
15. Items initiated by Commissioners (discussion only)
16. Public Comment on the matters to be addressed during Closed Session
17. Motion on whether to assert the attorney-client privilege regarding the matters listed below as Conference with Legal Counsel.
The Commission will go into Closed Session to discuss the following items:
CLOSED SESSION
18. CONFERENCE WITH LEGAL COUNSEL regarding anticipated litigation (Government Code §54956.9, San Francisco Administrative Code §67.10(d)(1)):
Arthur Villegas. v. City and County of San Francisco
Unlitigated File No.: 23-02195
Date Filed: May 9, 2023
Proposed settlement of unlitigated claim for damage to property resulting from a ruptured water main with the City and County of San Francisco to pay Arthur Villegas $50,000.00, subject to final approval by the Board of Supervisors. (action item) (Bregman)
19. CONFERENCE WITH LEGAL COUNSEL regarding anticipated litigation (Government Code §54956.9, San Francisco Administrative Code §67.10(d)(1)):
Cincinnati Insurance Co. v. City and County of San Francisco Unlitigated File No.: 23-01250
Date Filed: January 30, 2023
Proposed settlement of unlitigated claim for damage to property resulting from a ruptured water main with the City and County of San Francisco to pay Cincinnati Insurance Company $37,636.23, subject to final approval by the Board of Supervisors. (action item) (Bregman)
20. CONFERENCE WITH LEGAL COUNSEL regarding anticipated litigation (Government Code §54956.9, San Francisco Administrative Code §67.10(d)(1)):
Ronghan Guan. v. City and County of San Francisco
Unlitigated File No.: 23-00574
Date Filed: October 19, 2022
Proposed settlement of unlitigated claim for damage to property resulting from a ruptured water main with the City and County of San Francisco to pay Ronghan Guan $50,450.00, subject to final approval by the Board of Supervisors. (action item) (Bregman)
21. CONFERENCE WITH LEGAL COUNSEL regarding anticipated litigation (Government Code §54956.9, San Francisco Administrative Code §67.10(d)(1)):
Walsh Construction II, LLC v. City and County of San Francisco Unlitigated File No.: 23-0237
Date Filed: November 19, 2020
Matter involving unlitigated construction contract claims by Walsh Construction II, LLC, under San Francisco Municipal Transportation Agency (SFMTA) Contract 1289, the Van Ness Corridor Transit Improvement Project, with the San Francisco Public Utilities Commission to contribute $6,488,144.49 to a proposed settlement subject to San Francisco Municipal Transportation Board approval, with SFMTA to pay $17,535,525.68 and SFMTA to release $6,464,474.32 of retention to Walsh Construction II, LLC. (action item) (Bregman) Following Closed Session, the Commission will reconvene in Open Session
22. Announcement following Closed Session
23. Motion regarding whether to disclose the discussions during Closed Session pursuant to San Francisco Administrative Code Section 67.12(a).
24. Adjournment.
San Francisco Public Utilities Commission
525 Golden Gate Avenue, 13TH Floor
San Francisco, CA 94102