HomeMy WebLinkAbout08 - Root Foaming ServicesCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 8
April 28, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Utilities Department
George Murdoch, Utilities Director
949- 718 -3401 or gmurdoch (a)citv.newnort- beach.ca.us
SUBJECT: APPROVAL OF MAINTENANCE AGREEMENT WITH DUKE'S ROOT
CONTROL, INC. FOR ROOT FOAMING SERVICES OF 41,127 LF OF
SEWER LINE
RECOMMENDATION:
Approve a Maintenance Agreement with Duke's Root Control, Inc. for root foaming of
41,127 linear feet of sewer line at various locations throughout the City for a not -to-
exceed price of $32,490.33. Authorize the City Manager and the City Clerk to execute
the Agreement.
DISCUSSION:
Background:
Intrusion of roots into wastewater pipelines is probably the most destructive problem
encountered in the operation of a wastewater collection system. Root intrusion in
wastewater pipelines often leads to the collection of grease and debris. If not managed
root intrusion can lead to accidental wastewater stoppages and overflows. Each year
staff solicits proposals from firms specializing in providing root cleaning services with
the goal of removing roots from portions of the system more susceptible to this type of
overflow concern. Staff uses the following information to more effectively identify areas
of root infiltration to concentrate root cleaning efforts:
• Maintenance Histories — maintenance records will show which sewer lines
have experienced stoppages and the causes of these.
• Sewer Line Video Reports — the video tapes provide documentation of
root problems and help staff make assessments of the extent of infiltration.
• Sewer Stoppages and Overflows — due to structural damage that has
occurred.
Maintenance Agreement with Duke's Root Control, Inc.
For Sewer Line Root Control Services of 41,127 If of Sewer Line
April 28, •2009
Page 2
Staff solicited proposals to root foam 41,127 Lf of sewer line and as a result received
proposals from two firms performing this type of work.
Company
Pipe Size
Price
Quantity
Total
Dukes Root Control, Inc.
1 8 inch
$0.79 /foot
41,127 feet .
$32,490.33
Pacific. Sewer Maintenance
1 8 inch
$0.90 /foot
41,127 feet
$37,014:30
After reviewing the experience, qualifications, and cost to perform this type of work, staff
selected Duke's Root Control, Inc. (Duke's). 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 3-5 years on repeat applications. If live roots are found in a sewer within six months
of. application, or if a treated sewer plugs up and floods due to tree roots during the
guarantee period (two years), 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.
Environmental Review:
This project is exempt from environmental review under Section 15301 of the CEQA
Guidelines, pertaining to the maintenance of existing facilities.
Funding Availability:
There are sufficient funds available in the Wastewater budget account to cover the cost
of the root foaming.
Account Description
Tree Root Foaming
Prepared by:
W"-
Cindy AsherLMministrative Manager
Account Number Amount.
5600 -8189 $32,490.33
Submitted by:
eore Aroch, Otilities Director
Attachments: Maintenance Services Agreement
MAINTENANCE AGREEMENT WITH
DUKE'S ROOT CONTROL, INC.
FOR ROOT FOAMING 41,127 LF OF SEWER LINE
THIS AGREEMENT is made and entered into as of this 28`h day of April, 2009, by and between
the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City"), and DUKE'S ROOT
CONTROL, INC., a New York Corporation whose address is 1020 Hiawatha Blvd., West,
Syracuse, New York, 13204-1131 ( "Contractor "), and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws of the
State of California with the power to carry on its business as it is now being conducted
under the statutes of the State of California and the Charter of City.
B. City is planning to have sewer line maintenance to alleviate sewer line root intrusion.
C. City desires to engage Contractor to root foam sewer line in various locations
throughout the City ( "Project "), for a total of 41,127 LF of 8" sewer line root foam
treatment ( "Project ").
D. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Contractor for purposes of Project shall be Tom Edwards.
F. City has solicited and received a proposal from Contractor, has reviewed the previous
experience and evaluated the expertise of Contractor, and desires to retain Contractor
to render professional services under the terms and conditions set forth in this
Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 30th day of June, 2009, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Contractor shall perform the Project and all the services for the Project in the manner
described in the Scope of Work. attached hereto as Exhibit A and incorporated herein by
this reference.
As a material inducement to the City entering this Agreement, Contractor represents
and warrants that Contractor is a provider of first class work and services and
Contractor is experienced in performing the work and services contemplated herein and,
in light of such status and experience, Contractor covenants that it shall follow the
highest professional standards in performing the work and services required hereunder
and that all materials will be of good quality. For purposes of this Agreement, the
phrase "highest professional standards" shall mean those standards of practice
recognized by one or more first - class firms performing similar work under similar
circumstances.
Contractor shall perform everything required to be performed, and shall provide and
furnish all the labor, materials, necessary tools, expendable equipment and all utility and
transportation services necessary for the Project.
3. TIME OF PERFORMANCE
4.
S.
6.
Time is of the essence in the performance of services under this Agreement and the
services shall be performed to completion in a diligent and timely manner. The failure
by Contractor to perform the services in a diligent and timely manner may result in
termination of this Agreement by City.
Notwithstanding the foregoing, Contractor shall not be responsible for delays due to
causes beyond Contractor's reasonable control. However, in the case of any such delay
in the services. to be provided for the Project, each. party hereby agrees to provide notice
to the other party so that all delays can be addressed.
3A Contractor shall submit all requests for. extensions of time for performance in,
writing to the Project Administrator not later than ten. (10) calendar days after the
start of the condition that purportedly causes a delay. The Project Administrator
shall review all such requests and may grant reasonable time extensions for
unforeseeable delays that are beyond Contractor's control.
3.2 For all time periods not specifically set forth herein, Contractor shall respond in
the most expedient and appropriate manner under the circumstances, by
telephone, fax, hand - delivery or mail.
COMPENSATION
As full compensation for the performance and completion of the Project as required, City
shall pay to Contractor and Contractor accepts as full payment the sum of Thirfy-Two
Thousand, Four Hundred and Ninety Dollars and 331100 ($32;490.33). Contractor
shall no receive any additional compensation unless approved in advance by the City in
writing. All amounts due and owing under this Agreement shall be paid no later than
thirty (30) days after the Project work has been completed and an invoice for the Project
Work has been completed and an invoice for the Project work has been approved by
City staff.
ADMINISTRATION
This Agreement will be administered by the Utilities Department. Ed Burt shall be the
Project Administrator and shall have the authority to act for City under this Agreement.
The Project Administrator or his/her authorized representative shall represent City in all
matters pertaining to the services to be rendered pursuant to this Agreement.
TYPE OF MATERIALS /STANDARD OF CARE
6.1 Contractor shall use only the standard supplies and materials described in
Exhibit A in performing Contract Services. Any deviation from the materials
described in Exhibit A shall not be installed unless approved in advance by the
City Administrator.
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6.2 All of the services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the technical personnel
required to perform the services required by this Agreement, and that it wits
perform all services in a manner commensurate with community professional
standards. All services shall be performed by qualified and experienced
personnel who are not employed by City, nor have any contractual relationship
With City.
6.3 At its sole cost, the Contractor shall provide all necessary machines, equipment,
tools and labor, etc., as may be necessary to perform the work outlined herein
and in the attached Scope of Services. Equipment used by the Contractor must
be of commercial quality and in good and safe working condition at all times.
6.4 Contractor shalt obtain at its sole cost and expense such licenses, permits and
approvals as may be required by law for the performance of the services
required by this Agreement. Contractor shall maintain a City of Newport Beach
business license during. the term of this Agreement.
7. RESPONSIBILITY FOR DAMAGES OR INJURY
7.1 City and all officers; employees and representatives thereof shall not be
responsible in any manner for any loss or damage to any of the materials or
other things used or employed in performing the Project or for injury to or death
of any person as a result of Contractor's performance of the services required
hereunder, or for damage to property from any cause arising from the
performance of the Project by Contractor, or its subcontractors, or its workers, or
anyone employed by either of them.
7.2 Contractor shall be responsible for any liability imposed by law and for injuries to
or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's work on the Project, or
the work of any subcontractor or supplier selected. by the Contractor.
7.3 Contractor shall indemnify, hold harmless, and defend City, its officers and
employees from and against: (1) any and all loss, damages, liability, claims,
allegations of liability, suits, costs and expenses for damages of any nature
whatsoever, including, but not limited to, bodily injury, death, personal injury,
property damage, or any other claims arising from any and all acts or omissions
of Contractor, its employees, agents or subcontractors in the performance of
services or work conducted or performed pursuant to this Agreement; (2) use of
improper materials in performing this Project including, without limitation, defects
in workmanship or materials and /or design defects; and /or (3) any and all claims
asserted by Contractor's subcontractors or suppliers on the Project, and shall
include reasonable attorney's fees and all other costs incurred in defending any
such claim. However, nothing herein shall require Contractor to indemnify City
from the sole negligence or willful misconduct of City, its officers or employees.
7.4 Contractor shall perform all Project work in a manner to minimize public
inconvenience and possible hazard, to restore other worts areas to their original
condition and former usefulness as soon as possible, and to protect public and
private property. Contractor shall be liable for any private or public property
damaged during the performance of the Project work.
7.5 To the extent authorized by law, as much of the money due Contractor under
and by virtue of the Agreement as shall be Considered necessary by City may be
retained by it until disposition has been made of such suits or claims for
damages as aforesaid.
7.6 Nothing in this section shalt be construed as authorizing any award of attorneys
fees in any action to enforce the terms of this Agreement, except to the extent
provided in Section 6.3 above.
7.7 The rights and obligations set forth in this Section shall survive the termination of
this Contract.
8. INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither Contractor nor its
employees are to be considered employees of the City. The manner and means of
conducting. the work are under the control of Contractor, except to the extent they are
limited by statute, rule or regulation, and the express terms of this Agreement. No civil
service status or other right of employment shall accrue to Contractor or its employees..
9. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the work to
be performed. City agrees to cooperate with the Contractor on the Project.
10. INSURANCE
Without limiting Contractors indemnification of City, and prior to commencement of
work. Contractor shall obtain, provide and maintain at its own expense during the tern
of this Agreement, a policy or policies of liability insurance of the type. and amounts
described below and in a form satisfactory to City.
A. Certificates of Insurance. Contractor shall provide certificates of insurance with
original endorsements to City as evidence of the insurance coverage required
herein. Insurance certificates must be approved by City's Risk Manager prior to
commencement of performance or issuance of any permit. Current certification
of insurance shall be kept on file with City at all times during the term of this
Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its behalf
shall sign certification of all required policies.
C. Acceptable insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating. Guide, unless otherwise
approved by the City's Risk Manager.
D. Coverage Requirements
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i. Workers' Compensation Coverage. Contractor shall maintain Workers'
Compensation Insurance and Employer's Liability Insurance for his or her
employees in accordance with the laws of the State of California. In
addition, Contractor shall require each subcontractor to similarly maintain
Workers' Compensation Insurance and Employer's Liability Insurance in
accordance with the laws of the State of California for all of the
subcontractor's employees. Any notice of cancellation or non- renewal of
all Workers' Compensation policies, must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non - payment
of premium) prior to such change. The insurer shall agree to waive all
rights of subrogation against City, its officers, agents, employees and
volunteers for losses arising from work performed by Contractor for City..
ii. General Liability Coverage. Contractor shall maintain commercial
general liability insurance in an amount not less than one million dollars
($1,000,000) per occurrence for bodily injury, personal injury, and
property damage, including without limitation, contractual liability. If
commercial general liability insurance or other form. with a general
aggregate limit is used, either the general aggregate limit shall apply
separately to the work to be performed. under this Agreement, or the
general aggregate limit shall be at least twice the required occurrence
limit.
Automobile Liability .Coverage. Contractor shall maintain automobile
insurance covering bodily injury and property damage for all activities of
the Consultant arising out of or in connection with work to be performed
under this Agreement, including coverage for any owned, hired, non -
owned or rented vehicles, in an amount not less than one million dollars
($1,000,000) combined single limit for each occurrence.
E. Endorsements. Each general liability and automobile liability insurance policy
shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees, agents
and volunteers are to be covered as additional insureds with respect to
liability arising out of work performed by or on behalf of the Contractor.
ii. This policy shall be considered primary insurance as respects to City, its
elected or appointed officers, officials, employees, agents and volunteers
as respects to all claims, losses, or liability arising directly or indirectly
from the Contractors operations or services provided to City. Any
insurance maintained by City, including any self - insured retention City
may have, shall be considered excess insurance only and not
contributory with the insurance. provided hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with respect
to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected or
appointed officers, officials, employees, agents and volunteers.
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V. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to City, its elected or appointed officers,
officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended, voided,
canceled, or reduced in coverage.or in limits, by either party except after
thirty (30) calendar days. (10 calendar days written notice of non- payment
of premium) written notice has been received by City.
F. Z -rmefy Notice of Claims. Contractor shall give City prompt and timely notice of
claim made or suit instituted arising out of or resulting from Contractor's
performance under this Agreement.
G. Additional insurance. Contractor shall also procure and maintain, at its own cost
and expense, any additional kinds of insurance, which in its own judgment may
be necessary for its proper protection and prosecution of the work.
41, SUBCONTRACTING
The - parties recognize that a substantial inducement to City for entering into this
Agreement is the reputation, experience and competence of Contractor. Assignments
of any or all rights, duties or obligations of the Contractor under this Agreement will be
permitted only with the express written consent of City. Contractor. shalt not subcontract
any portion of the work to be performed under this Agreement without the prior written
authorization of City.
12. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction of the
dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Contractor shall not
discontinue work as a result of such withholding. Contractor shalt have an immediate
right to appeal to the City Manager or his/her designee with respect to such disputed
sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
13. CONFLICTS OF INTEREST
The Contractor or its employees may be subject to the provisions of the California
Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any
financial interest that may foreseeably be materially affected by the work performed
under this Agreement, and (2) prohibits such persons from making, or participating in
making, decisions that will foreseeably financially affect such interest.
If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to
do so constitutes a material breach and is grounds for immediate termination of this
.Agreement by City. Contractor shall indemnify and hold harmless City for any and all
claims for damages resulting from Contractor's violation of this Section.
14. N0710ES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served when
A
delivered personally, or on the third business day after the deposit thereof in the United
States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All
notices, demands, requests or approvals from Contractor to City shall be addressed to
City at:
Attn: Ed Burt
Utilities Department
City of Newport Beach
3300 Newport Boulevard
Newport.Beach, CA, 92663
Phone: 949-644-3011
Fax: 949 -646 -5204
All notices, demands, requests or approvals from CITY to Contractor shall be addressed
to Contractor at:
Attention: Tom Edwards
Duke's Root Control, Inc.
1020 Hiawatha Blvd., West
Syracuse, NY 13204 -1131
Phone: (315) 472 -4781
Fax: (315) 475 -4203
15. TERMINATION
In the event that either party .fails or refuses to perform any of the provisions of this
Agreement at the time and in the manner required, that party shall be deemed in default
in the performance of this Agreement. If such default is not cured within a period of two
(2) calendar days, or if more than two (2) calendar days are reasonably required to cure
the default and the defaulting party fails to give adequate assurance of due performance
within two (2) calendar days after receipt of written notice of default, specifying the
nature of such default and the steps necessary to cure such default, and thereafter
diligently take steps to cure the default, the non - defaulting party. -may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole discretion and
without cause, of terminating this Agreement at any time by giving seven (7) calendar
days prior written notice to Contractor. in the event of termination under this Section,
City shall pay Contractor for services satisfactorily performed and costs incurred up to
the effective date of termination for which Contractor has not been previously paid. On
the.effective date of termination, Contractor shall deliver to City all materials purchased
in performance of this Agreement.
16. COMPLIANCE WITH ALL LAWS
Contractor shall at its own cost and expense comply with all statutes, ordinances,
regulations and requirements of all governmental entities, including federal, state,
county or municipal, whether now in force or hereinafter enacted.
17. WAIVER
A waiver by City of any term, covenant or condition in the Agreement shall not be
deemed to be a waiver of any subsequent breach of the same or any other term,
covenant or condition.
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18. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or nature
whatsoever between the parties hereto, and all preliminary negotiations and agreements
of whatsoever kind :or nature are merged herein. No verbal agreement or implied
covenant shall be hell to vary the provisions herein.
19. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement and the
Scope of Services, the terms of this Agreement shall govern.
20. AMENDMENTS
This Agreement may be modified or amended only by a written document executed by
both Contractor and City and approved as to form by the City Attorney.
21. EFFECT OF CONTRACTOR'S EXECUTION
Execution, of this Agreement by Contractor is a representation that Contractor has
visited the Project. Site; has become familiar with the locat conditions under which the
work is to be perforated, and has taken into consideration these factors .in submitting its
Project Proposal and Scope of Work.
22. CONTROLLING LAIN AND VENUE
The laws of the State of California shall govern this Agreement and all matters relating
to it and any action. brought relating to this Agreement shall be adjudicated in a court of
competent jurisdiction in the County of Orange.
23. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be. construed for or against either party by reason of the
authorship of the Agreement or any other rule of construction which might otherwise
apply.
24. WARRANTY
Contractor agrees that the application of Razorooter0 II applied pursuant to this
Agreement shall be covered by a. two (2) year wear warranty as outlined in the Warranty
Information, attached hereto as Exhibit B and incorporated in full by this reference.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day
and year first written above.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
By:
Myne p
rne
y Assist
ATTEST.
By:
Leilani Brown,
City Cleric
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
Homer Bludau
City Manger
DUKETS ROOT CONTROL, INC.:
(Corporate Officer)
Print Name,
(Financial Officer)
Title:
Print Name:
Attachments: Exhibit A — Scope of Services Billing Rate
Exhibit B — Warranty Information
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DUKES
ROOT CONTROL, INC.
The FulPService Root Control Experts
March 24, 2009
Mr. Mike Lynch
Wastewater Supervisor
City of Newport Beach
3300 Newport Blvd./Box 1768
Newport Beach, CA 92,658-8915
Dear Mr. Lynch:
rVTWII--IL -Miff III
r
1
1020 Hiawatha Blvd., West
Syracuse, NY 13204 -1131
1- 800.44 -ROOTS
(315)472 -4781
FAX (315) 4754203
As per your request for quotation for foaming root control service, we submit the
following:
Duke's Root Control, Inc. will treat any sewers requested using Razoiooter* H (diquat
dibromide) for the unit prices listed below.
Prices are computed per linear foot, manhole to manhole, and a $2,000.00 minimum is
required. Duke's standard guarantee applies to all. sanitary sewers treated.
If you. require any further information, please call 1- 800 - 447 -6687. Thank you for your
interest in our service.
Sincerely,
(=�� C-",--
Tom Edwards
SYRACUSE • DALLAS • ATLANTA.• COLUMBUS • CHICAGO
OAKLAND PORTLAND = DENVER
Pipe Size
Price
Quantity
Total
6 inch
.$0.79/foot
N/A
N/A
8 inch
$0,781foot
41,127 feet
$32,490.33
Total Cost
$34490.33.
Prices are computed per linear foot, manhole to manhole, and a $2,000.00 minimum is
required. Duke's standard guarantee applies to all. sanitary sewers treated.
If you. require any further information, please call 1- 800 - 447 -6687. Thank you for your
interest in our service.
Sincerely,
(=�� C-",--
Tom Edwards
SYRACUSE • DALLAS • ATLANTA.• COLUMBUS • CHICAGO
OAKLAND PORTLAND = DENVER
GUARANTEE
We guarantee to kill all the rots in every sewer we treat and to eliminate main line
stoppages caused by live tree roots.
If live roots are found in a sewer within six months after the application, or if a treated sewer plugs
up and floods due to tree roots during the guarantee period (see below); we will retreat that
section, at our own expense, or remit to the customer 100% of the payment we received to
treat that section of sewer.
The decision of the customer as to the cause of the plug-up is binding.
This guarantee applies only to sewer stoppages caused by live tree roots. It does not apply to
stoppages caused by grease or other foreign matter; flat, collapsed or deformed pipe; or flooding
caused by a surcharged or plugged sewer section downstream from a guaranteed sewer. section.
This guarantee applies to main line sewers only.
Guarantee Period
Any section of sanitary sewer we treat will not plug up and flood due to tree root obstructions for a.
period of two years. The guarantee period begins on the date of treatment, and ends two years
after the date of treatment.
Extended Guarantee With Repeat Treatments
Whenever we perform a repeat application to a section of sewer within six months of the expiration
of the previous guarantee, the guarantee is extended for an additional three years..
Re- treatments, performed at no charge in honor of the guarantee, do not extend the expiration date
of the guarantee.
Liability
Duke's.is an insured, fully licensed pesticide application company, and is certtfietl to apply EPA
registered herbicides to sanitary sewers in compliance with Federal and State regulations.
Duke's accepts responsibility for any damage to above -ground vegetation. Duke's is not
responsible for damages caused by sewer stoppages,
TIMUKESS
ROOM GOt Wit, INC.
The FullServ" Root Cont" Experts
.1020 Hiawatha Blvd., West • Syracuse, NY 13204 -1131
(315) 472 -4781 • 800 - 447 -6687 • Fax(315)475 -4203