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CC - CONSENT ITEM: (1) Waiver of Competitive Bidding Procedures Pursuant to Culver City Municipal Code Section 3.07.075.F.3; and (2) Approval of Amendment to the Existing Professional Services Agreement with Duke’s Root Control, Inc. for Root Control Services on City-Owned Sewer Mainlines to Increase the Not-to-Exceed Amount by $230,000 and Extend the Term through June 30, 2025.
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Meeting Date: April 29, 2024
Contact Person/Dept: Gary Wansley/Public Works - Maintenance Operations Division
Phone Number: (310) 253-6444
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Attachments: Yes [] No [X]
Public Notification: (E-Mail) Meetings and Agendas - City Council (04/24/2024)
Department Approval: Yanni Demitri, Public Works Director/City Engineer (04/10/2023)
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RECOMMENDATION
Staff recommends the City Council (1) waive competitive bidding procedures pursuant to Culver City Municipal Code Section 3.07.075.F.3; and (2) approve an amendment to the existing agreement with Duke’s Root Control, Inc. to increase the not-to-exceed amount by $230,000 and extend the term through June 30, 2025.
BACKGROUND/DISCUSSION
There are approximately 86 miles of sewer mains that the Public Works Department is responsible for maintaining. Roots are attracted to sewer lines, can infiltrate pipes, and can cause blockages, which results in sewer backups and spills that can cause property damage or allow sewage to flow into the storm drains. By pro-actively keeping pipes cleared, the risk of property damage or sanitary sewer overflows is reduced.
On April 8, 2019, City Council approved a three-year contract with Duke’s Root Control, Inc. for three years ending May 31, 2022 in an amount not-to-exceed $100,000, with two one-year options to renew, to be exercised under the authority of the Public Works Director. In February 2021, the contract was amended to increase the maximum compensation by an additional $592.20 to cover cost exceedances for Fiscal Years 2018-2019 and 2019-2020. In July 2021, the contract was amended for a second time to exercise the first one-year renewal option and extend the term through June 30, 2023 for an additional amount not-to-exceed $130,000 . On June 12, 2023, City Council approved a one-year extension as part of a blanket approval of on-call agreements for City maintenance in an additional amount not-to-exceed $50,000.
Due to unseasonably heavy rains in 2022 and 2023, excessive root growth required clearing roots in 122,310 linear feet of sewer pipe on a proactive emergency basis, and billings exceeded the existing contract amount by $130,000. Staff is recommending that City Council approve an amendment to the contract to extend the term through June 30, 2025 and increase the maximum compensation by an additional $230,000 to cover the current exceedance and allow for an additional $100,000 of work in Fiscal Year 2024-2025.
Pursuant to CCMC Section 3.07.045, in the event the same vendor has been utilized for a period of five consecutive years, competitive bidding procedures shall apply. CCMC Section 3.07.075.F.3, provides the City Council may waive, by a majority vote, bidding requirements if it is deemed to be in the City’s best interest and authorize a negotiated contract. Due to staff vacancies, the Public Works Department has not been able to complete a Request for Proposals (RFP) process to date. In order to give City staff sufficient time to conduct an RFP process, while also addressing time-sensitive maintenance needs and on-going operational tasks, staff recommends the City Council waive the competitive bidding procedures in this case and authorize a 12-month extension of the existing agreement with Duke’s Root Control.
FISCAL ANALYSIS
The Adopted Budget for Fiscal Year 2023-2024 includes sufficient funds for this amendment in the current fiscal year in the amount of $130,000 in Account No. 20460300.619800 (Public Works Wastewater Maintenance - Other Contractual Services). The $100,000 for the next fiscal year will be included in the proposed budget for Fiscal Year 2024-2025.
ATTACHMENTS
None
MOTION
That the City Council:
1. Approve an amendment to the existing agreement with Duke’s Root Control, Inc. for an additional amount not-to-exceed $230,000 through June 30, 2025;
2. Authorize the City Attorney to review/prepare the necessary documents; and
3. Authorize the City Manager to execute such documents on behalf of the City.