City of Culver City, California
Agenda Item Report
Meeting Date: 3/1/2010 Item Number: C-2
CITY COUNCIL AGENDA ITEM: Approval of an Amendment to an Existing
Professional Services Agreement with Duke’s Root Control, Inc. to Increase the
Authorized Amount of the Agreement for this Fiscal Year and Extend the Term of
the Agreement to December 31, 2012.
Contact Person/Dept.: Eric Mirzaian/PW Phone Number: (310) 253-6410
Fiscal Impact: Yes [X] No [] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [X] Attachments: [X]
Commission Action Required: Yes [] No [X] Date: _______________
Public Notification (E-mail) Meetings and Agendas-City Council (02/24/2010)
Department Approval:
Charles D. Herbertson (02/18/10)
City Attorney Approval:
Carol Schwab (by H. Baker) (02/22/10)
Chief Financial Officer Approval:
Mark Scott (by N. Kimball)
City Manager Approval:
Mark Scott (02/24/10)
RECOMMENDATION:
Staff recommends that the City Council approve an amendment to the existing
professional services agreement with Duke’s Root Control, Inc. (Duke’s) to increase
the authorized amount of the agreement for this fiscal year by $50,000 (for a total
amount not-to-exceed amount of $300,000 and extend the term of the agreement to
December 31, 2012 at a rate of $100,000 per year.
BACKGROUND:
There are approximately 86 miles of sewer mains that the City maintains. These
mains can be impacted by tree and plant root intrusion. Root intrusion causes a
variety of negative impacts on the City’s system. These impacts range from sewage
stoppages, sewage overflows, increased maintenance/utility costs and accelerated
deterioration. In 2006, the City entered into a five-year agreement with Duke’s to
provide root intrusion treatment on the sewer mains. With the services provided by
Duke’s, the City was able to establish a maintenance program to specifically address
the root intrusion problem and treat approximately 8 miles of affected sewer mains
each year. The root intrusion maintenance is accomplished through the application
of herbicides to dissolve the roots and inhibit root re-growth. The crews performing
the maintenance and the herbicides used are required to comply with all Federal,
State and local ordinances pertaining to the type of work, particularly the laws and
ordinances relating to transportation of material (United States Department of
Transportation), the application of sewer root control herbicides (United States
Environmental Protection Agency), and traffic safety regulations. All work will be
performed by certified pesticide applicators licensed with the California Department City of Culver City, California
Agenda Item Report
of Pesticide Regulation. These types of herbicides used, if applied correctly, are
approved for use in sewer lines and treatment facilities.
DISCUSSION:
The current agreement with Duke’s was established at a not-to-exceed amount of
$250,000, which was fulfilled this year. This equated to $0.68 per linear foot of
treatment for six and eight inch lines. Duke’s has agreed to charge the same rate for
additional round of treatment at the current rate of $0.68 per lineal foot through June
30, 2010; thus requiring Council approval to amend the agreement by an additional
not to exceed amount of $50,000 to treat 8 miles of sewer main.
Beginning on July 1, 2010, Duke’s has agreed to charge the unit price of $1.02 per
linear foot for 6” sewer mains and $1.03 per lineal foot for 8” sewer mains as part of
an extended agreement term (through December 31, 2012) for a not to exceed
amount of $100,000 per year.
Competitive Process
The City Charter excludes maintenance and repair from the formal bidding
requirement for public works projects. The root intrusion treatment is considered to
be maintenance of the sewer mains. In addition, this is an agreement for
professional services, which is also exempt from the formal bidding process.
Notwithstanding, staff is recommending that the City enter into an agreement with
Duke’s under the same terms as the City of Los Angeles’ recent agreement with
Duke’s, which was awarded through a formal competitive bidding process. Staff has
reviewed the terms and agreement between Duke’s and the City of Los Angeles and
is comfortable with the bidding process utilized and the subsequent terms.
Duke’s has indicated to Staff that the price of herbicides and dissolvers has
increased in recent months. Thus it would be advantageous to accept the same
terms that were proposed to the City of Los Angeles through their competitive bid
process. The herbicides and dissolvers used by Duke’s have proven to be very
effective in controlling root intrusion in the City’s sewer mains without harming trees.
Since implementing this maintenance program, emergency responses to treated
areas have declined; thus allowing sewer maintenance staff to focus on preventative
maintenance on other sewer mains throughout the City.
FISCAL ANALYSIS:
Based on the annual anticipated costs of $50,000 for the current fiscal year and
$100,000 per year for the subsequent three years, and the anticipated reduction in
potential emergency repairs in the treated areas, there are sufficient funds allocated
for this agreement in the enterprise Sewer Fund Capital Improvement Program
20400230 (Sewer Localized & Emergency Repairs) for this service.
City of Culver City, California
Agenda Item Report
There are sufficient funds in the Sewer fund to cover funding for future fiscal years.
ATTACHMENTS:
1. Quote from Duke’s Root Control, Inc.
2. City of Los Angeles Contract with Dukes’ Root Control, Inc. (Cost schedule page
only)
3. City of Los Angeles-Bureau of Sanitation Joint Board Report (Scope of Service,
Selection of Proposal, RFP Selection/Evaluation Process, and RFP Results
sections only)
MOTION:
That the City Council:
1. Approve an amendment to the existing professional services agreement with
Duke’s Root Control, Inc. to increase the authorized amount of the agreement for
this fiscal year by $50,000 (For a total not-to-exceed amount of $300,000) and
extend the term of the agreement to December 31, 2012 at a rate of $100,000
per year, and,
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.
3/1/10
Approval to (1) Amend Existing Agreement with
Duke's Root Control, Inc. by an Additional $50,000
and (2) Waiver of the Formal Competitive Bidding
Process as Authorized by § 3.07.065(C) of the
Culver City Municipal Code to Enter into a new
Three-Year Agreement with Duke's Root Control,
Inc. at $100,000 per year.
MEETING DATE:
AGENDA ITEM:
ATTACHMENTS|109| Proposal from Duke's Root Control, Inc.|109| Cost schedule agreement between City of Los Angeles & Duke's
Root Control, Inc.|109| City of Los Angeles-Bureau of Sanitation Joint Board Report
indicating results of RFP process
Pages|101010|3-5February 15, 2010
CONTR
The Full-Service Root Control Experts
1020 Hiawatha Blvd., West
Syracuse, NY 13204-1131
1-800-44-ROOTS
(315) 472-4781
FAX (315)475-4203
Mr. Eric Mirzaian
Sr. Management Analyst
City of Culver City
9505 W. Jefferson Blvd.
Culver City, CA 90232
Dear Mr. Mirzaian:
Duke's agrees to extend our current contract prices below through the current fiscal year
ending June 30, 2010:
6", 8", 10" = $.68/ft
12" = $1.50/ft
At the end of the fiscal year, we have agreed to extend to you the current City of Los
Angeles' contract pricing thru December 2012:
6" = $1.02
8" and 10" = $1.03
12" = $1.24
Additionally, per your request, I have included your account activity under our current
contract for your review (attachment). Please call me if you have any questions.
Sincerely,
Thomas Edwards
SYRACUSE DALLAS = ATLANTA COLUMBUS • CHICAGO
OAKLAND - PORTLAND • DENVEREXHIBIT A- PROJECT SERVICES COST SCHEDULE
Duke's Root Control, Inc.
Pipe Size Cost per Linear Foot
6-inch $1.02 / linear foot
8-inch $1.03 I linear foot
10-inch $1.03 / linear foot
12-inch $1.24 / linear foot
14-inch $1.52 I linear foot
15-inch $1.75 I linear foot
18-inch - $2.29 / linear foot
- 40 -BUREAU OF SANITATION
BUREAU : OF CONTRACT .ADMINISTRATION
JOiNT BOARD: REPORT NO, 1:
September 3•, 2009
PAGE 3
•&PrX of Services
Thepu;pose of the root control application is to contirru .e to support the following City goals and
Objectives in a cost effective manner:
. Protect public and employee health and afety;
2. Reduce, and mitigate to the greatt extent possible, aFt a cidable was water
overflows; and
3. Avoid tethe:greatest extent• possible permit or regulatory vblatiOna.
The City is Seeking qualified state licensed chemicat root . controi applidators to apply arestncted
use tarn product cOnteiping the active ingredieNs rnetarp-sadium and a or looenu or diquat.
The selected applioator(s) : shall provide the serVite$ outlined laelOW:
1. Plan, schedule and implernent the application of root contrOi product containing,
metam-scidium and dichlobenil,or dicitiat to identified sewers t .h:Ot Ord_ 6 tp 14 illdhOs fr;
diazneter underneath azy streets or Fighttaf-Wayleasernerqs. use :,*),e,,E*Mizd
equiprrient capable Of for8'imirig selected sewer pies;
2. Deterrn'qe the appropriate product dosage levels 10 adequately .;:reat ,00t infested.
3. Coordinate and ccrnmurlicate. li:activities with the City, doanent all work, including
the date, 1ocation, sewers treated (upstream arid : dOwnStream maintenance holes),
voturne of product used any complicationsiobs.ervations, nTianitoririo advitie,s, etc.
The City needs to award the coraract to a qualified applicator to continue implementation of
Chemical Root Cartel Progrirn that is fol:y aligned with the- Citys.goalsiobjectivas of redilcin
sewage spills.
Selecilon of Proposal
On November 7, 200B, the Board authorized he Bureau to release he RFP for wer chemical
root control services.
In response to the advertised REP, the city received three (8) . proposals from Pacific Sewer
Maintenartw (PSM) of Visalia, California, Root Tsimers (Tamers) of Re-del :iv, California, and
Duke's Root Control, Inc, Dukes) of Syracuse, New York on January 7, 2009BUREAU OF SANITATION
BUREAU OF CONTRACT ADMINISTRATI N
JOINT BOARD REPORT NO. 1
Septenber 30, 2009
PAGE 4
RFP Selection Criteria
As sat forth in the RFP each ropcsal Was review.-tA and ranked
Eve yetion Criteria Percent.
Range
. .RpOltd of Past PerfOtrnance - PrOVen -experience . of at . 'east ri :vp; (5)
. -years and a successful track irecord Of applying root-cunt-GI chemitai
in over 500:000 linear feet of seraary-seViterS,e0d .perforrned .at least
ten (10) -other OherniCal - rOpt-freatrnent prOjettS in the United. Stat es.
30%
2. 0 . rational Proposal — State-df4he-art industry k:noWdge and-
:proven labirty to defiverlhe project effeCtiVely i anc :effidientiy While:
workind .".coperatiVel i with the City.
40%
3. Cost - DernonsVate fin,s,ncijai.sttenEgt:h :Provide overall 25 We' as
de!nited costs for t le:-roc .t trea.tmeni. OT sewers.
30%
Total Peraintage . 1-00%
RFP Evaluation Process
fterthe Initial review of the propc .sals by Cr evaluation oanei of two (2):sanicr members of the
Vv'astewater Collection Systems Division engineeng staff, the City invited each.propcser for an
interview. The interviews were Conduttoel on January 2e" and 29' h of 200.9.
in -the ipterview, the panel evaluated the orcposert based on the records of past performance,
openational :knov,Aedge and experience, as well as cost in-accord:once :the .sctection criteria -set
forth in the RFP. Ali thi-ee {3) contractors were rated as ;isted below:
PS vi Tamers Duke's
rRecord. of Past Peffon-nance
Maximum score 30) 17 20 29
Operational Propose]
I (Maximum score 4.0) 25 23 40
i Cost/Financial Ser th
M a mum score 30)
, 20
17 25
,.-.
I Total points (Maximum score 100) 60 94BUREAU OF•SANiTATiON
BUREAU OF CONTRACT ADMINISTRATION
JOINT BOARD -REPORT Nal
September 30, 2009:
PAGE 5.
RFP .EvatiatiOn ReS,UltS
Duke's has. demonstrated excelle n t knowiedoe . :and expePence'in providing The terViteSio :the
City -and. has . an .e,xcetient. record: 'of • p as • perforrrian: ::,.e .,. having .piyori,ted- wit:7 the qty to prOyida „the
same setvioeS since September"2002. Duke's ha thorough knowledge Of the methods ;that ace
required to Meet the :Ply's tiOals. and -611:leaive.s, .and' is': very .familier-With! The CitYs collection
system operation,. as ie Ias the -regulations in. SeWer rObt-,cOntrO1 cherniOal application; The
estimated .cost treat.6,E3 'Million feet. of ipe OVer .a .threa year period; .prOrjOsed oy Duke"S„ is
Ka981,66 *.'Which . is the tOweSt among the three (3) propdsers(l l,M lower than PS.Kand-5_0%
lower.then.TamerS)
PSM. and Tame:FS dernonstrated. kricWledde of mot tionttoi treatitent:fOr sewer systems, but
They were not teledted. As stated .above, theit bids :were hist er than Duke's: Moreover„.
Tatters's bid was nOt reasonebly: balanced., and his fin's: vierk hiStoty did . nOt satisfy-The
minimum teq .ulretnent of we (5) years -experience as requited by the . RFp. :PSNI . hod -been a
?Opt Oo .ntrol -cOntiaacr for tip c4y:.piitH recently. Qn May 11,209 ho 'Cityleimnated. :the
contract with PSIV.I for faing o fLJf I ts ooIjatior a,aa, e-ddetiOd by_ all iritrtiae of sewaoe'' Spill
overflows ($ .$0s) .from pipes : that were reportedly-treat-0 ty .p .SM,
Jj
to 000r pelptrilance,
in the CW.s .b6st intereSt not :to -enter into.a.contrectifth . psm .a.t. this Arne,.
Based on the aforementioned, the panel decided ta reciomthend awarding the-contraet :to .Duke.'s
Root Control, Inc,
propbsed Term of reament and Estimated Valle of the Contract
The term Of the prOpoSed agreernent shall be three PI years. from the date of execution,
Approximately 45Q miles of sewers are targeted For treatinent On a yearly baSis "Tne s co-at
ceiling is -$7,500,000 -doing the- three, (3) year Contra' ,4 term,
Notification Of intent tQ Contract
The requited : 'Notification of intent to Contract' wac MO with .the City Adininistrative -Office
(CAO) Clearing House 'on Novernbe7' 27,.2.00T
:Charter S.ection 1022
Me CAO made -a Chatter Section 1022 cieterniinatich op October 21, 2008 and .conCriuded that
:f :a more fbasible to contract out rs vvoc, 1.)0$'6d upon the lack of available City :staff, as Well
as the degree of specialization arid .experience reql.tired to handle and administer restricted root
control pesticides,