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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. 11-2 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. 11-3 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). 11-4 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 11-6