SAN FRANCISCO PUBLIC UTILITIES COMMISSION
City and County of San Francisco
London N. Breed
Mayor
REGULAR MEETING AGENDA
Tuesday, June 25, 2024
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 4 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 2660 549 1145 (No Passcode Required)
When your item of interest is called press *3 to be added to the speaker line.
Commenters will be allowed two minutes to speak.
Call from a quiet location, speak clearly and slowly, and turn down your television, radio, or computer.
Commissioners
Tim Paulson, President
Anthony Rivera, Vice President
Newsha Ajami
Kate H. Stacy
Dennis J. Herrera
General Manager
Cirilo Espinoza
Acting 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 for individuals who cannot attend in person due to disability by making a request to the Commission Secretary by 12 PM (noon), the day before the Commission meeting at [email protected] or 415-554-3165. 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 Commission Meeting Minutes
a) May 14, 2024 Meeting
b) May 28, 2024 Meeting
c) June 11, 2024 Meeting
4. 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.
5. Report of the General Manager (discussion only)
a) San Francisco Public Utilities Commission Retirement Recognition b) Quarterly Budget Status Report
c) Wastewater Enterprise Quarterly Report Including Southeast Area Major Projects Update including Biosolids and Headworks
d) Racial Equity Progress Report
e) Report on Recent San Francisco Public Utilities Commission Activities, Events and Announcements
6. CONSENT CALENDAR
a) Award Contract No. WW-752R, Various Locations Main Sewer Inspection No. 2, to the responsible bidder that submitted the lowest responsive bid, Pipe and Plant Solutions, Inc., in the amount of $3,544,000 with a duration of 425 consecutive calendar days (approximately one year and two months), to inspect existing sewers at various locations within the City and County of San Francisco. 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 the Project is exempt from the CEQA. The Commission will rely on that determination to make its decision on this action. (Robinson)
b) Award Job Order Contract No. JOC-105, General Building (B License) Construction, San Francisco, San Mateo, Santa Clara, and Alameda Counties, in the amount not-to-exceed $5,000,000, with a guaranteed minimum task order opportunity amount of $50,000, and a duration of two years, to the responsible bidder that submitted the lowest responsive bid, Rubecon General Contracting, Inc., to perform B licensed general building construction work on San Francisco Public Utilities Commission systems and operations around the Bay Area. (Robinson)
c) Award Job Order Contract No. JOC-106, Landscape (C-27 License), Micro-LBE Set-Aside, San Francisco, San Mateo, Santa Clara, and Alameda Counties, in the amount not-to-exceed $2,000,000, with a guaranteed minimum task order opportunity amount of $50,000, and a duration of two years, to the sole responsible bidder that submitted a responsive bid, Korotkin Associates, to perform C-27 licensed landscape construction work on San Francisco Public Utilities Commission systems and operations around the Bay Area. (Robinson) d) Approve an increase of 150 calendar days to the duration contingency for Contract No.
WD-2840, Southern Skyline Boulevard Ridge Trail Extension, with Gordon Ball, Inc., for a revised contract duration limit (including contingency) of up to 747 consecutive calendar days (approximately two years and one month), for additional time to complete the associated work approved under Resolution No. 24-0006 and for potential delays due to differing site conditions, with no change to the contract amount. (Robinson) e) Approve an increase to the not-to-exceed contract amount of $3,963,881 and an increase to the contract duration of 79 calendar days to Contract No. WD-2868R, San Francisco Local Water As-Needed Paving (21-24) with A. Ruiz Construction Co & Assoc., Inc., for a revised not-to-exceed contract amount of up to $19,206,581 and a revised contract duration limit of up to 1,283 consecutive calendar days due to the ongoing need for as-needed paving services. (Ritchie)
f) Approve an increase of 90 calendar days to the duration contingency and increase of $200,000 to the amount contingency for Contract No. WW-705, Various Locations Sewer Replacement No. 10, with Mitchell Engineering, for a revised construction duration limit of up to 660 consecutive calendar days (approximately one year and ten months) and a revised contract amount up to $5,413,494, due to differing site conditions resulting in a scope change from open cut pipeline replacement to trenchless construction method on Golden Gate Avenue. (Robinson)
g) Approve an increase of 324 calendar days to the duration contingency for Contract No.
WW-709R, Various Locations Sewer Replacement No. 13, with M. Hernandez Construction, Inc., for a revised contract duration limit (including contingency) of up to 830 consecutive calendar days (approximately two years and four months), due to supply chain procurement delays of high-density polyethylene pipeline materials and to address differing site conditions encountered on Beach Street, Larkin Street and Jefferson Street, with no change to the contract amount or amount contingency. (Robinson) h) Accept work performed by A&B Construction, under Contract No. DB-128R2, Bay Corridor Transmission and Distribution – Phase 1; approve Modification No. 19 (Final) increasing the contract amount by $516,446 (within the approved contingency amount) for a total contract amount of $20,915,514, and increasing the contract duration by 1,132 calendar days (which includes 65 days from the duration contingency that the Commission approved in April of 2019) for a total contract duration of 2,103 consecutive calendar days (approximately five years and nine months), to cover an extended claims resolution process and additional work contractor agreed to perform as part of the claims resolution process, and contractor’s completion of closeout punch-list items and documentation; and authorize final payment to the contractor. (Robinson)
i) Accept work performed by Fontenoy Engineering, Inc., under Contract No. WD-2852R, San Francisco Westside Recycled Water Irrigation System Retrofits; approve Modification No. 5 (Final) increasing the contract amount by $325,118 for a total contract amount of $3,026,722, and increasing the contract duration by 451 consecutive calendar days for a total contract duration of 1,018 consecutive calendar days (approximately two years and ten months), to complete contract work that was delayed due to supply chain procurement issues, to complete punch list items, and to finalize closeout documentation; and authorize final payment to the contractor. (Robinson)
j) Accept work performed by D’Arcy & Harty Construction, Inc., under Contract No. WW-713, As-Needed Main Sewer Replacement No. 9; approve Modification No. 2 (Final) decreasing the contract amount by $2,202,281 for a total contract amount of $4,925,459, with no change to contract duration, for a total contract duration of 730 consecutive calendar days (approximately two years), to adjust the final contract amount to the value of actual contract quantities completed; and authorize final payment to the contractor. (Robinson) k) Approve novation agreement assigning the Onsite Water Reuse Grant from NRG Energy Center San Francisco to Energy Center San Francisco. (Ritchie)
REGULAR CALENDAR
7. Adopt policy (1) delegating authority to the General Manager to award and amend certain types of contracts, grants, leases, and other agreements and (2) establishing instructions for which types of Commission actions on contracts, grants, leases, and other agreements will be heard on the Commission’s consent calendar or the regular calendar, which policy shall supersede and replace in full earlier delegations and instructions. (Flynn)
8. Approve the terms and conditions and authorize the General Manager to execute a three-year lease, with a two-year option to extend the term, with Bayview Plaza, LLC, as landlord, for the San Francisco Public Utilities Commission Wastewater Enterprise use of office space located at 3801 3rd Street in San Francisco at an initial annual Base Rent of $386,640 with three percent annual increases. (Flynn)
9. Approve the terms and conditions and authorize the General Manager to execute a five-year lease, with two 2-year options to extend the term, with Lolita Lodhia, Hersha Lodhia Miller and Sharmila Lodhia, as Co-Trustees of the Lodhia Living Trust dated 11/21/1994, as landlord (Landlord), for the San Francisco Public Utilities Commission Wastewater Enterprise (WWE) warehouse and office use of 1900 Oakdale Avenue, San Francisco at an initial annual Base Rent of $706,722 with no annual increases. 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 the Project is exempt from the CEQA. The Commission will rely on that determination to make its decision on this action. (Flynn)
10. Award Contract No. WW-720, As-Needed Main Sewer Replacement No. 10, to the responsible bidder that submitted the lowest responsive bid, Mitchell Engineering, in the amount of $16,028,745, with a duration of 730 consecutive calendar days (two years), to perform as-needed manhole-to-manhole segment main sewer replacement on short notice throughout the City and County of San Francisco. (Robinson)
11. Award Contract No. WW-743, Geary Boulevard Sewer and Water Improvements Phase 2, to the responsible bidder that submitted the lowest responsive bid, Cratus, Inc., in the amount of $45,957,035, and with a duration of 1,034 consecutive calendar days, to replace, rehabilitate and relocate existing aging sewer and water facilities and install traffic control conduits on Geary Boulevard between 32nd Avenue and Stanyan Street. Approval of the sewer and water components of the Project constitutes the Approval Action 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 the Project is exempt from the CEQA.
The Commission will rely on that determination to make its decision on this action. (Robinson)
12. Approve Amendment No. 2 to Contract No. PRO.0164, Engineering Services for the Lower Alemany Area Stormwater Improvement Project with McMillen Jacobs Associates (dba Delve Underground), increasing the contract amount by $8,300,000, for a total not-to-exceed contract amount of $17,800,000, and extending the contract duration by three years, for a total contract duration of nine years, due to additional engineering support needed to perform analyses and refine the design for the project’s Caltrans encroachment permit, and to provide engineering support during construction, subject to Board of Supervisors approval under Charter Section
9.118. (Robinson)
13. Public Hearing to approve a Commercial Equipment Rebate Program and adopt Rules and Regulations to allow the San Francisco Public Utilities Commission to issue two types of water-saving commercial equipment rebates to promote water and energy conservation in its retail service area: (1) a Metered Water Savings Equipment Rebate that would provide up to $7 for every 748 gallons (100 cubic feet) of water saved over a 10-year required project lifespan up to 100 percent of documented equipment costs with a maximum cap of $750,000 dollars for each rebate based on metered water savings and (2) an Estimated Water Savings Equipment Rebate that provides up to $1 for every 100 cubic feet of water saved over a 10-year required project lifespan up to 50 percent of documented equipment costs with a maximum cap of $750,000 based on water savings estimates. (Ritchie)
14. Approve three credit facility agreements for the Wastewater Enterprise Interim Funding Program in the principal total amount of $275,000,000 in the form of (1) First Amendment to the Revolving Credit and Term Loan Agreement with TD Bank and Amended and Restated Fee Agreement and (2) Revolving Credit and Term Loan Agreement and Fee Agreement with Bank of America, and (3) Amended and Restated Revolving Credit Agreement and Fee Letter Agreement with US Bank. (Hom)
15. Approve two credit facility agreements for the Water Interim Funding Program in the principal amount of $200,000,000 total in the form of (1) Second Amendment to the Reimbursement Agreement with Barclays Bank and Second Amended and Restated Fee Agreement and (2) Amended and Restated Revolving Credit Agreement and Amended and Restated Fee Agreement with US Bank. (Hom)
16. Authorize the issuance of up to $480 million of taxable 2024 Series A Bonds for new money, the issuance of up to $125 million of taxable 2024 Series B Bonds to re-finance prior expenditures and fund new money, and the issuance of up to $700 million of tax-exempt 2024 Series C Bonds and 2024 Series D Bonds for new money and to retire tax-exempt commercial paper. (Hom)
17. Authorize General Manager to seek Board of Supervisors approval for payments from the General Fund to customer Oliver De Silva for $101,825, to customer Sunol AgPark for $340, and to Alameda County for $651,976. (Hom)
18. Public Hearing to consider adopting a Resolution, which grants the General Manager the discretion to delay the implementation of the discount consolidation for Hetch Hetchy Power customers on rate schedules A-1UP and A10-US from July 1, 2024, to January 2025. (Hom)
19. Discussion and possible action to appoint a Commission Secretary. (Paulson)
20. Communications (information only)
a) Advance Calendar
b) Annual Street Light Program Update
c) Contract Advertisement Report
d) Correspondence Log
e) Water Supply Conditions Update
21. Items initiated by Commissioners (discussion only)
22. Adjournment
San Francisco Public Utilities Commission
525 Golden Gate Avenue, 13th Floor
San Francisco, CA 94102