DEPARTMENT
Wastewater Enterprise
AGENDA NO.
8h
MEETING DATE
October 22, 2024
AGENDA ITEM
Public Utilities Commission
City and County of San Francisco
Calendar: Consent Calendar
Contract/Project Manager: Matthew Braun
Approve the Novation of Contract No. PRO.0054.D Wastewater and Stormwater Services
Summary of
Proposed
Commission Action:
Approve the novation of Contract No. PRO.0054.A, Wastewater and Stormwater Services , to transfer the existing contract from Woodard & Curran-Hydroconsult Engineers Inc., JV to Woodard & Curran, Inc.
Background: On December 11, 20 18, by Resolution No. 18-0198, this Commission awarded Contract No. PRO.0054.D to Woodard & Curran, Inc.-Hydroconsult Engineers Inc., JV, to provide as-needed wastewater and stormwater services.
On August 21, 2024, Woodard & Curran- Hydroconsult Engineer s Inc., JV (Transferor) requested to transfer the Agreement to Woodard & Curran, Inc. (Transferee).
Under the terms of the Novation Agreement, Transferor and Transferee warrant and agree that:
• Transferee desires to assume the Agreement in full, each on the terms and conditions; and
• Transferor warrants that Transferee is able to fully perform all obligations that may exist under the Agreement; and
• Transferee warrants that it is able to fully perform all obligations that may exist under the Agreement.
Modifications to the
Contract:
Amendment No. 1 increased the contract amount by $2,000,000 for a total contract amount of $7,000,000 and increased the contract length to seven years and two months.
Funding and Costs: Funding: SFPUC has allocated funds for this agreement from Wastewater Enterprise operating and capital budget.
Original Not-to-Exceed Amount: $5,000,000
Total Not-to Exceed Amount: $7,000,000
Schedule: Original Duration: Five (5) years
Modification No. 1 Duration: Two (2) years and two (2) months Total Duration: Seven (7) years and two (2) months
Agenda Title: PRO.0054.D Wastewater and Stormwater Services Commission Meeting Date: October 22, 2024
Environmental
Review:
Approval of the novation agreement for this as-needed contract does not constitute a “project” under the California Environmental Quality A ct (CEQA) Guidelines section 15378 because it does not involve commitment to any specific project that may result in a physical change in the environment.
The SFPUC will not authorize the contractor to commence any work that could result in physical changes to the environment under this contract until the proposed work is reviewed and any appropriate environmental review under the CEQA, if required, has been completed.
Local Business
Enterprise
Participation and
Non-Discrimination
In Contracting:
The Contract Monitoring Division established a 16% Local Business Enterprise (LBE) subcontracting requirement for this contract. The contractor committed to a 16.25% LBE subcontractor participation with its bid submittal.
PUBLIC UTILITIES COMMISSION
City and County of San Francisco
RESOLUTION NO.
WHEREAS, The San Francisco Public Utilities Commission (SFPUC) requires wastewater and stormwater professional consultant engineering services on an as-needed basis; and
WHEREAS, On December 11, 2018, by Resolution No. 18- 0198, this Commission awarded Contract No. PRO.0054.D Wastewater and Stormwater Services to Woodard & Curran, Inc.-Hydroconsult Engineers, Inc., JV, to provide Wastewater and Stormwater consultant engineer services; and
WHEREAS, On January 11, 2022, by Resolution No. 22-0006, the Commission approved Amendment No. 1 to increase the agreement by $2,000,000, extend the agreement duration by two years and two months, to allow for continued services, increasing the total not -to-exceed agreement amount to $7,000,000 and extending the total agreement duration to seven years and two months; and
WHEREAS, Woodard & Curran, Inc.- Hydroconsult Engineers, Inc., J V (Transferor) requested to transfer its rights and obligations under Contract No. PRO.0054.D to Woodard & Curran, Inc. (Transferee); and
WHEREAS, Under the terms and condit ions of the Novation Agreement, Contract No.
PRO.0054.D Wastewater and Stormwater services shall remain in full force and effect; and
WHEREAS, Transferor warrants that Transferee is able to fully perform all obligations that may exist under Contract No. PRO.0054.D; and
WHEREAS, Transferee warrants it is ready, willing, and able to assume the terms, conditions, and obligations of Contract No. PRO.0054.D in full; and
WHEREAS, The continuous provision of services under Contract No. PRO.0054.D and accepting Transferee as the successor party to Contract No. PRO.0054.D is in the City’s interest; and
WHEREAS, Approval of the novation agreement for this as -needed contract does not constitute a “project” under the California Environmental Quality Act (CEQA) Guidelines section 15378 because it does not involve commitment to any specific project that may result in a physical change in the environment and the SFPUC will not authorize the contractor to commence any work that could result in physical changes to the environment under this contract until the proposed work is reviewed and any appropriate environmental review under the CEQA, if required, has been completed; now, therefore, be it
RESOLVED, That this Commission hereby consents to the transfer and a pproves the novation of Contract No. PRO.0054.D Wastewater and Stormwater services with Woodard & Curran, Inc. (Woodard & Curran) where Woodard & Curran assumes all of Woodard & Curran, Inc.-Hydroconsult Engineers, Inc., JV’s obligations and responsibilities under the contract.
I hereby certify that the foregoing resolution was adopted by the Public Utilities Commission at its meeting of October 22, 2024.
Director of Commission Affairs
San Francisco Public Utilities Commission