DEPARTMENT Infrastructure
AGENDA NO.
6h
MEETING DATE
January 9, 2024
Last updated: 02.01.2023
AGENDA ITEM
Public Utilities Commission
City and County of San Francisco
Calendar: Consent Calendar
Contract/Project Manager: Mary Tienken
Accept Work, Approve Modification, and Authorize Final Payment for Contract No. WD- 2882, Trousdale Oaks Tree Removal Project
Summary of Proposed
Commission Action:
Accept work performed by The Professional Tree Care Company under Contract No. WD-2882, Trousdale Oaks Tree Removal Project ; approve Modification No. 5 (Final) decreasing the C ontract amount by $199,765, for a total Contract amount of $2,587,187 and a total Contract duration of 545 consecutive calendar days (approximately one year and six months) ; and authorize final payment to the Contractor.
Background: On September 6, 2006 the San Francisco Public Utilities Commission (SFPUC) initiated a Bioregional Habitat Restoration project to mitigate environmental impacts from capital projects constructed under the Water System Improvements Program.
On February 11, 2016, the SFPUC obtained a California Department of Forestry and Fire Protection- approved Timber Harvesting Plan in support of the B ioregional Habitat Restoration projects. The T imber Harvesting Plan authorized timber work in eight specif ic locations within the SFPUC’s Peninsula watershed, including the Lower Crystal Springs Dam area. Within the L ower Crystal Springs Dam boundary, there were approximately 14 acres to be cleared of vegetation before the area could be restored to an oak woodland.
On February 8, 2022, by Resolution No. 22-0022, this Commission awarded Contract No. WD -2882, Trousdale Oaks Tree Removal Project to The Professional Tree Care Company. The original Contract amount was $2,655,026 and the original C ontract duration was 545 consecutive calendar days.
Scope of Contract: The Contract work location was the Lower Crystal Springs Dam area of the Peninsula Watershed within San Mateo County.
The Contract work consisted of:
• Tree and vegetation removal within an approximately 14-acre area;
Agenda Title: Contract No. WD-2882, Trousdale Oaks Tree Removal Project Commission Meeting Date: January 9, 2024
• Watershed roadway grading and drainage improvements;
• Removal and replacement of two culverts;
• Tree protection;
• Erosion control; and
• Six-months of landscape maintenance.
Modifications to the
Contract:
Modification Nos. 1-4: The SFPUC modified the Contract within the approved cost contingency to add materials testing, remove additional eucalyptus and acacia trees, add two vehicular gates, construct roadway drainage features , and extend one culvert, increas ing the Contract amount by $ 131,926 for a total Contract amount of $2,786,952 with no change to the Contract duration of 545 consecutive calendar days.
Recommended Modification No. 5 (Final): Staff recommends Commission authorization to decrease the Contract amount by $199,765 to account for deletion of unused bid items and allowances , for a total Contract amount of $2,587,187, with no change to the Contract duration of 545 consecutive calendar days.
Funding and Costs: Funding Source: Project No . 10015335, Bioregional Habitat Restoration
Original Contract Amount: $2,655,026
Modification Nos. 1-4: $131,926
Requested Modification No. 5 (Final): ($199,765)
Total Final Contract Amount: $2,587,187
Schedule: Notice-to-Proceed Date: April 18, 2022
Original Contract Duration: 545 consecutive calendar days Total Final Contract Duration: 545 consecutive calendar days
Local Business
Enterprise Participation
and Non-Discrimination
In Contracting:
The Contract Monitoring Division (CMD) established a 15% Local Business Enterprise (LBE) subcontracting requirement for this Contract. The Contractor co mmitted to 23.58 % LBE participation with its bid submittal.
CMD has determined that the C ontractor made a good faith effort to comply with the LBE subcontracting requirement by achieving a final LBE subcontractor participation of 22.33% for this Contract.
Attachment: 1. Contract Monitoring Division Memo
Agenda Title: Contract No. WD-2882, Trousdale Oaks Tree Removal Project Commission Meeting Date: January 9, 2024
Project Location Map
Project Site
PUBLIC UTILITIES COMMISSION
City and County of San Francisco
RESOLUTION NO.
WHEREAS, On February 8, 2022, by Resolution No. 22-0022, this Commission awarded Contract No. Contract No. WD-2882, Trousdale Oaks Tree Removal Project to The Professional Tree Care Company; and
WHEREAS, The original C ontract amount was for $2,655,026 and the original C ontract duration was 545 consecutive calendar days; and
WHEREAS, The Contract Notice-to-Proceed date was April 18, 2022 and the Contractor completed the Contract work in 545 consecutive calendar days, on October 14, 2023; and WHEREAS, Modification Nos. 1- 4 increased the Contract amount by $131,926 to change pipe material type , add materials testing, remove additional eucalyptus and acacia trees, construct two vehicular gates, construct roadway drainage features , and extend one culvert for a total Contract amount of $2,786,952, and a total Contract duration of 545 consecutive calendar days; and
WHEREAS, Staff recommends Modification No. 5 (Final) to decrease the Contract amount by $199,765 to delete unused bid items and allowances for a total Contract amount of $2,587,187; and
WHEREAS, The Contract Monitoring Division established a Local Business Enterprise (LBE) subcontracting participation of 15% for this C ontract, the C ontractor committed to a n LBE participation of 23.58% with its bid submittal, and made a good faith effort to comply w ith the LBE subcontracting requirement by achieving 22.23% final LBE subcontractor participation for this Contract; and
WHEREAS, Funds are available from Project No. 10015335, Bioregional Habitat Restoration; now, therefore, be it
RESOLVED, That this Commission hereby accepts work performed by The Professional Tree Care Company under Contract No. WD -2882, Trousdale Oaks Tree Removal Project ; approves Modification No. 5 (Final), decreasing the Contract amount by $199,765, for a total Contract amount of $2,587,187 and a total C ontract duration of 545 consecutive calendar days; and authorizes final payment to the Contractor.
I hereby certify that the foregoing resolution was adopted by the Public Utilities Commission at its meeting of January 9, 2024.
Secretary, Public Utilities Commission
City & County of San Francisco
London N. Breed, Mayor
Office of the City Administrator
Carmen Chu, City Administrator
Contract Monitoring Division
Stephanie Tang, Director
MEMORANDUM
Date: October 31st, 2023
To: Mary Tienken, Project Manager, SFPUC
Frank Gennacarro, Contract Analyst, SFPUC
From: Michelle Kassatly, Contract Compliance Officer, CMD
Subject: Closeout for WD-2882 Trousdale Oaks Tree Removal (PeopleSoft Contract ID:
1000024893)
The Contract Monitoring Division (“CMD”) has determined that The Professional Tree Care Co. (“PTC”), the prime contractor, has made a good faith effort to substantially comply with the LBE subcontracting requirements associated with this project.
At the time the project was advertised, a Micro/Small-LBE subcontracting participation requirement of 15% was established. PTC’s Section 00 43 36 reflected a Micro/Small-LBE subcontracting participation of 23.58%. PTC was awarded the contract in the amount of $2,655,026.00. After seven (7) change orders, the final contract amount is $2,587,186.81.
PTC’s Micro/Small-LBE subcontracting participation is as follows:
Firm
LBE
Status,
Type
and
Size
Scope of Work
Original Credited
Contract
Participation
Final Credited
Contract
Participation
Trinet
Construction
Inc.
SF LBE-
WBE
(Micro)
Wildlife
Exclusion
Fencing
$157,200.00 5.92% $129,161.00 5.00%
Fontenoy
Engineering,
Inc.
SF LBE-
OBE
(Small)
Items No. 7-14,
17 (Access
Road, Waterbar
Install, Culvert
Replacement,
Fiber Rolls)
$468,950.00 17.66% $448,512.38 17.33%
TOTAL $626,150.00 23.58% $577,673.38 22.33%
Pursuant to communications with the SFPUC, the major factor that impacted the project’s overall LBE participation is the deletion of several scopes of work. Specifically, “Trinet was scoped for fencing installation, similarly, the project deleted over $40k of fencing scope from the project. I believe the prime provided additional work to Trinet to attempt to offset the deletion, however since most of the remaining scope was specialized tree removal which Trinet does not have the qualifications to perform, they were not able to completely make up for the deleted scope.”
Additionally,
“Fontenoy was scoped to perform the Fiber Roll installation, the project deleted close to 60% of this scope ($112K). I believe the prime provided additional work to Fontenoy to attempt to offset the deletion, however since most of the remaining scope was specialized tree removal which Fontenoy does not have the qualifications to perform, they were not able to completely make up for the deleted scope.”
PTC is required to make good faith efforts to utilize LBE’s participation for any scopes of work, or portions thereof, which can reasonably be subcontracted throughout the life of the project.
Considering this requirement, PTC performed good faith efforts to LBE subcontractors in order to minimize the aforementioned scope of work deletions/changes that impacted its overall LBE commitment by, per the SFPUC, allocating “appropriate change order work that the sub were able to perform,” such as “portions of Change order 2, 5, & 6.”
Based on the foregoing, CMD concurs with the closeout of this contract.