HomeMy WebLinkAbout11 - Sewer Line Root Control ServicesApril 11, 2017
Agenda Item No. 11
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: George Murdoch, Municipal Operations -Utilities Director — 949-718-
3401, gmurdoch@newportbeachca.gov
PREPARED BY: Joshua Rosenbaum, Senior Management Analyst —
jrosenbaum@newportbeachca.gov
PHONE: 949-644-3057
TITLE: Amendment No. One to Maintenance/Repair Services Agreement
with Duke's Root Control, Inc. for Sewer Line Root Control Services
ABSTRACT:
The City maintains approximately 200 miles of pipeline that convey wastewater from our
residents and businesses to the Orange County Sanitation District for treatment. During
routine cleaning and videotaping of our pipelines, tree roots are often identified as
potential blockages.
To remove tree roots, the City contracts with Dukes Root Control, Inc. who apply an EPA -
registered product that kills tree roots without harming above ground vegetation. This
effort along with the City's root cutting process minimizes sewer blockages that could
result in customer flooding or spills.
The amount of this annual service varies depending on what has been identified. The City
previously had two contracts for this type of service and now uses one. The not -to -exceed
amount for this contract is insufficient for the amount of work that is required. Staff is
requesting an increase in the limit for the remainder of the contract term, which expires
July 1, 2018. There is sufficient funding in the operations budget to cover these costs.
RECOMMENDATION:
a) Determine that the action is exempt from the California Environmental Quality Act
(CEQ) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines
because it will not result in a physical change to the environment, directly or indirectly;
and
b) Approve Amendment No. One to the Maintenance/Repair Services Agreement with
Duke's Root Control, Inc., for sewer root control services to increase the total not -to -
exceed amount to $236,151 for the remainder of the term of the agreement, and
authorize the Mayor and City Clerk to execute the amendment.
Amendment No. One to Maintenance/Repair
Services Agreement with Duke's Root Control, Inc.
April 11, 2017
Page 2
FUNDING REQUIREMENTS:
The current FY2016-17 budget has sufficient funding for sewer root control services in
the Wastewater account 7119061-851054 Tree Root Foaming. Additionally, the
proposed FY2017-18 budget will have sufficient funding in the same account to cover
sewer root control services next fiscal year.
DISCUSSION:
Intrusion of roots into sewer main lines is probably the most destructive problem
encountered in the operation of the wastewater collection system. Root intrusion in lines
often leads to the collection of grease and debris. If not managed properly, root intrusion
can lead to line stoppages and sanitary sewer overflows. Staff utilizes video reports,
maintenance history, and assessments of previous stoppages and overflows to more
effectively identify areas of root infiltration in order to concentrate root cleaning efforts.
In May 2015, the Municipal Operations Department issued a Request for Proposals (RFP)
and received two proposals. Following a panel evaluation and cost analysis, Duke's Root
Control Inc., was evaluated to be the highest rated proposer and was awarded a
Maintenance/Repair Services Agreement. The current Agreement for sewer root control
services expires July 1, 2018.
Duke's applies EPA -registered products that kill tree roots without harming above ground
vegetation. The material is injected as foam, from manhole -to -manhole, killing all roots
on contact and also inhibiting re -growth for three to five years on repeat applications. If a
treated sewer plugs up due to tree roots during the guarantee period, Duke's will re -treat
that section, at their expense, or remit to the City 100% of the payment received to treat
that section of sewer.
Initially in 2015, the Maintenance/Repair Services Agreement for sewer root control
services was for three years with a total amount not to exceed $120,000. The City
previously had two contract firms that could provide this service; however, during the
execution of the current agreement it was decided to use the lower cost firm only and not
continue with two.
In 2016, the City identified 93,933 feet or nearly 18 miles of sewer mains that required
root removal. The annual cost to root foam is approximately $80,000. For a three-year
service with only one vendor, the total cost is estimated to be $240,000. Duke's Root
Control has agreed to maintain their current service rates; therefore, staff is requesting to
increase the not -to -exceed amount of the contract to $236,151, with no change to the
expiration date. There is sufficient budget dedicated to root foaming and these costs will
be included in subsequent future budgets.
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Amendment No. One to Maintenance/Repair
Services Agreement with Duke's Root Control, Inc.
April 11, 2017
Page 3
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A — Amendment No. One to Maintenance/Repair Services Agreement with
Duke's Root Control, Inc. for Sewer Line Root Control Services.
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ATTACHMENT A
AMENDMENT NO. ONE TO
MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH DUKE'S ROOT CONTROL, INC. FOR
SEWER ROOT CONTROL
THIS AMENDMENT NO. ONE TO MAINTENANCE/REPAIR SERVICES
AGREEMENT ("Amendment No. One") is made and entered into as of this 11th day of
April, 2017 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and Duke's Root Control, Inc., a
New York Corporation ("Contractor"), whose address is 1020 Hiawatha Blvd W,
Syracuse, NY 13204, and is made with reference to the following:
RECITALS
A. On July 27, 2015, City and Contractor entered into a Maintenance/Repair Services
Agreement ("Agreement") for Contractor to perform maintenance and/or repair
services for the City ("Project").
B. Since entering into the Agreement, the volume of work needed by the City covered
by the Agreement is higher than originally anticipated. Such work includes
performing maintenance and/or repair services for the City.
C. The parties desire to enter into this Amendment No. One to increase the total
compensation for the Agreement to account for the increased volume of work not
anticipated at the time of executing the Agreement and to update the Contractor's
contact information for notices.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. COMPENSATION TO CONTRACTOR
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: City shall pay Contractor for the Services on a time and expense not -to -exceed
basis in accordance with the provisions of this Section and the Schedule of Billing Rates
attached hereto as Exhibit B and incorporated herein by reference. Contractor's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subcontractor fees, shall not exceed Two Hundred Thirty Six
Thousand One Hundred Fifty One Dollars and 00/100 ($236,151.00), without prior
written authorization from City. No billing rate changes shall be made during the term of
this Agreement without the prior written approval of City."
The total amended compensation reflects Contractor's additional compensation for
additional Services to be performed in accordance with this Amendment No. One,
including all reimbursable items and subcontractor fees, in an amount not to exceed One
Hundred Sixteen Thousand One Hundred Fifty One Dollars and 00/100
($116,151.00).
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2. NOTICES
Section 24.3 of the Agreement is
following: "All notices, demands, requests
addressed to Contractor at:
Attn: Braden L. Boyko
Duke's Root Control, Inc.
1020 Hiawatha Blvd W
Syracuse, NY 13204"
3. INTEGRATED CONTRACT
amended in its entirety and replaced with the
or approvals from City to Contractor shall be
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Duke's Root Control, Inc. page 2 11.5
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORI)IEY'S OFFICE
Date: V 31/17
ATTEST:
Date:
By:
Leilani 1. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Kevin Muldoon
Mayor
CONTRACTOR: Duke's Root Control,
Inc,, a New York corporation
Date:
BY:
Braden L. Boyko
Vice President
Date:
By:
Constance Wozniak
Secretary
[END OF SIGNATURES]
Duke's Root Control, Inc. Page 3
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