DEPARTMENT
Infrastructure
AGENDA NO.
9a
MEETING DATE
February 8, 2022
APPROVAL:
COMMISSION
SECRETARY
Donna Hood
AGENDA ITEM
Public Utilities Commission
City and County of San Francisco
Construction Award: Consent Calendar
Contract Manager: Mary Tienken
Award Agreement No. WD-2882, Trousdale Oaks Tree Removal Project
Summary of
Proposed
Commission Action:
Approve the plans and specifications and award Agreement No. WD-2882, Trousdale Oaks Tree Removal Project, in the amount of $2,655,026 and with a duration of 545 consecutive calendar days (approximately one year and six months), to the responsible bidder submitting the lowest responsive bid, The Professional Tree Care Company.
Background: San Francisco Public Utilities Commission (SFPUC) implemented a Bioregional Habitat Restoration (BHR) project to mitigate environmental impacts from capital projects constructed under the Water System Improvements Program (WSIP). In support of the BHR projects, SFPUC obtained a California Department of Forestry and Fire Protection- approved Timber Harvesting Plan (THP) dated February 11, 2016. The THP authorized timber work in eight (8) specific locations within the SFPUC’s Peninsula watershed, including the Lower Crystal Springs Dam (LCSD) area. Within the LCSD boundary, there are approximately 14 acres to be cleared of vegetation before the area can be restored to an oak woodland.
Description of Scope
of Work:
The agreement work location is the LCSD area of the Peninsula Watershed within San Mateo County. The agreement work consists of:
• Tree and vegetation removal within an approximately 14-acre area; • Watershed roadway grading and drainage improvements;
• Removal and replacement of 2 culverts;
• Tree protection;
• Erosion control; and
• 6-months of landscape maintenance.
Result of Inaction: A delay in or denial of awarding this agreement will delay fulfillment of the actions identified in the T HP and delay some of the mitigation of environmental impacts from capital projects under the WSIP.
Agreement: WD-2882, Trousdale Oaks Tree Removal Project Commission Meeting Date: February 8, 2022
Budget & Costs: Funding: Project No. CUW38802, Bioregional Habitat Restoration Engineer’s Estimate: $3,920,367
Award: $2,655,026
Schedule: Estimated Notice-to-Proceed Date: April 1, 2022 Estimated Completion Date: September 30, 2023
Agreement Duration: Five hundred forty- five (545) consecutive calendar days (approximately one year and six months) (365 consecutive calendar days to Substantial Completion and an additional 180 consecutive calendar days to Final Completion)
Compliance with
Chapter 14B: Local
Business Enterprise
Utilization and Non-
Discrimination in
Contracting
Ordinance:
Set: The Contract Monitoring Division (CMD) established a Local Business Enterprise (LBE) subcontracting requirement of 15% for this agreement.
Submitted: The contractor committed to a LBE participation of 23.58 % with its bid submittal.
Environmental
Review:
A Timber Harvest Plan (THP) is functionally equivalent to an Environmental Impact Report under Section 15251(a) of the California Environmental Quality Act (CEQA) Guidelines. On October 25, 2016, the California Department of Forestry and Fire Protection approved a THP for the Penins ula Vegetation
Removal Project, a component of the SFPUC’s Bioregional Habitat Restoration efforts . The Timber Harvest Plan and various amendments are together referred to as the THP. The THP can be found here:
https://sfpuc.sharefile.com/d-s8de04835fae74925b1ad16aa86a18066
The SFPUC acts as a Responsible Agency under CEQA Guidelines Sections 15253(a), 15096 and 15381 for the proposed Project because approval of the proposed Project is a discretionary action subject to compliance with CEQA Guidelines Section 15252 as the THP is an Environmental Impact Report or Negative Declaration substitute. The SFPUC has reviewed the THP and determined that the Project is within the scope of the project authorized under the THP, and that the THP is adequate for approval of the Project . The Responsible Agency Findings to be adopted by this Commission support the action to authorize the Project.
Bid History: Advertised: September 23, 2021
Bids Received: SFPUC received sealed bids from four (4) firms on November 10, 2021.
Bid Rank Bid Amount Bid
Preference
Adjusted Bid Final
Rank
1.The
Professional
Tree Care
Company
$2,655,026.00
0% $2,655,026.00
2 Agreement: WD-2882, Trousdale Oaks Tree Removal Project Commission Meeting Date: February 8, 2022
2. D’Arcy and
Harty
Construction
Inc.
$2,927,045.60 10% $2,634,341.04 1*
3.Schembri
Construction
Company,
Inc.
$3,889,027.00 10% $3,500,124.30 3
4.Sierra
Mountain
Construction,
Inc.
$6,830,2013.00 0% $6,830,2013.00 4
*Bid was subsequently deemed non-responsive.
Application of bid preferences in accordance with Chapter 14B of the San Francisco Administrative Code changed the final ranking of the low bidder.
D’Arcy and Harty Construction Inc moved from 2
nd to 1 st place, and
Professional Tree Company moved from 1st place to 2nd place.
Protest: On November 18, 2021, the SFPUC received a protest letter dated November 18, 2021 from The Professional Tree Care Company protesting the bid submitted by D’Arcy and Harty Construction Inc., arguing that neither D’Arcy nor its subcontractors had the contractors’ license required for this work. On November 24, 2021, D’Arcy and Harty Construction Inc. submitted a response letter. After review of the protest and
response, the Contract
Administration Bureau, in consultation with the City Attorney’s Office and the Contract Monitoring Division, sustained the protest on December 14, 2021 and rejected the bid submitted by D’Arcy and Harty Construction Inc.
Recommendation: SFPUC staff recommends that the Commission adopt the attached resolution.
Attachments: 1. Vicinity Map
2. CMD Memorandum
PUBLIC UTILITIES COMMISSION
City and County of San Francisco
RESOLUTION NO.
WHEREAS, The San Francisco Public Utilities Commission (SFPUC) implemented a Bioregional Habitat Restoration (BHR) project to mitigate environmental impacts from capital projects constructed under the Water System Improvements Program (WSIP). In support of the BHR projects, SFPUC obtained a California Department of Forestry and Fire Protection- approved Timber Harvesting Plan (THP) dated February 11, 2016. The THP authorized timber work in eight (8) specific locations within the SFPUC’s Peninsula watershed, including the Lower Crystal Springs Dam (LCSD) area . Within the LCSD boundary, there are approximately 14 acres to be cleared of vegetation before the area can be restored to an oak woodland; and WHEREAS, On September 23, 2021, the San Francisco Public Utilities Commission (SFPUC) advertised Agreement No. WD-2882, Trousdale Oaks Tree Removal Project to proceed with the vegetation work necessary for the THP within the LCSD; and WHEREAS, The Engineer’s Estimate is $3,920,367 for this construction agreement work; and
WHEREAS, The agreement duration is 545 consecutive calendar days; and WHEREAS, The S FPUC received f our (4) bids were received and opened publicly on November 10, 2021; and
WHEREAS, San Francisco Public Utilities Commission ( SFPUC) staff and Contract Monitoring Division (CMD) review of the bids for qualifications, responsibility, r esponsiveness and application of bid preferences resulted in the establishment of The Professional Tree Care Company as the responsible bidder with the lowest responsive bid; and WHEREAS, CMD established a Local Business Enterprise ( LBE) subcontracting participation of 15% for this agreement, and the contractor committed to a LBE participation of
23.58% with its bid submittal; and
WHEREAS, The firm awarded a agreement by the SFPUC must be in compliance with the Equal Benefits Provisions of Chapter 12B of the City’s Administrative Code either at the time of the award, or within two weeks of the date of the Commission award. If the bidder fails to meet the compliance requirement, Staff will return to the Commission for rescission of this award; and WHEREAS, Funds are available from Project No. CUW38802, Bioregional Habitat Restoration; and
WHEREAS, On October 25, 2016, California Department of Forestry and Fire Protection (CAL FIRE), acting as the lead agency under Section 15253(a) the California Environmental Quality Act (CEQA) Guidelines, approved the THP for the Peninsula Vegetation Removal Project, a component of the SFPUC’s BHR; and
WHEREAS, The work under the Trousdale Oaks Tree Removal Project (Project) is within the scope of the project authorized under the THP; and
WHEREAS, CAL FIRE has adopted the mitigation measures included in the THP (referred to as “conservation measures” in the THP) to avoid or substantially lessen the significant environmental effects identified in the T HP; and the SF PUC has agreed to conduct the work authorized by the THP in accordance with such requirements; and WHEREAS, The THP is part of the record of this approval and has been made available for public review; and
WHEREAS, Since CAL FIRE approved the THP and subsequent amendments, there have been no substantial changes in the Project or changes in Project circumstances that would result in new significant environmental effects or an increase in the severity of previously identified significant impacts, and there is no new information of substantial importance that would change the conclusions set forth in the THP; and
WHEREAS, This Commission, acting as a responsible agency under CEQA Guidelines Sections 15253(a), 15096 and 15381, has reviewed the THP, and has determined that the THP and other materials are adequate for use in approving the Project, and that CAL FIRE and the THP met the requirements of CEQA Guidelines Section 15253(b); now, therefore, be it RESOLVED, This Commission has reviewed and considered the THP and record and finds that the THP is adequate for use as the decision -making body for the action taken by this Resolution; and be it
FURTHER RESOLVED, This Commission finds that since the THP was finalized, there have been no substantive Project changes and no substantial changes in Project circumstances that would require revisions to the THP due to the potential involvement of new significant environmental effects or an increase in the severity of previously identified significant impacts, and there is no new information of substantial importance that would change the conclusions set forth in the THP; and be it
FURTHER RESOLVED, That this Co mmission hereby approves the plans and specifications and awards Agreement No. WD-2882, Trousdale Oaks Tree Removal Project, in the amount of $2,655,026, with a duration of 545 consecutive calendar days to The Professional Tree Care Company.
I hereby certify that the foregoing resolution was adopted by the Public Utilities Commission at its meeting of February 8, 2022.
Secretary, Public Utilities Commission
April 2021 2-1
2 Introduction
The SFPUC’s Natural Resources and Land Management Division is planning to conduct a tree and vegetation removal project in SFPUC’s Peninsula Watershed, within the Lower Crystal Springs Dam area. This area was renamed the Trousdale Oaks Area for this project. As part of the project, a Timber Harvest Permit (THP) was submitted to and approved by the California Department of Forestry and Fire Protection (CAL FIRE). Two culvert replacement/repairs, at culvert sites denominated X3 and X4, are included as part of the project and are the focus of this report.
Location of Project Sites
The Trousdale Oaks Area is located on the San Francisco Peninsula along Highway 280, near Trousdale Drive in Burlingame. The project location is shown in Figure 2-1.
Figure 2-1. Project Vicinity Map
SFPUC Operations Map
LCSD Conversion Unit
Montara Mountain USGS quad
Portions Rancho Buri-Buri
San Mateo County, California
BVS 03/16
SR 35/SH 280
Designated Scenic Road
Trousdale Dr.
Water'
Landings
existing
proposed
Mitigation point
, Unstable Areas
v]
Roads and Trails
Exist. Perm.
Seas.
Reference skid trail
Exist. 4WD
Overhead Utility
Pipeline
Ponds/Lakes
Watercourses
/V
/V "'
Tractor/Skidder yarding - THP Area
Remove as needed for r oad/trail
Remove hazard tree and non-nativ
non-natives
retain visual screening
? 25 ft. contours
Figure 1. Project Area
Tree and Vegetation
Removal Area
Tree and Vegetation
Removal Area
Road
Improvement
Culvert X4
Culvert X3