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HomeMy WebLinkAbout00-28 Resolution No . 00-28 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH WHEELABRATOR WATER TECHNOLOGIES, INC. , BIOGRO DIVISION FOR REMOVAL AND DISPOSAL OF LIME RESIDUE AT THE WATER TREATMENT PLANT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Wheelabrator Water Technologies, Inc . , BioGro Division, for removal and disposal of lime residue at the water treatment plant, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: February 9, 2000 Adopted: February 9, 2000 Omnibus Vote : Yeas 5 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk 01/28/00 FRI 13:32 FAX 847 888 2494 WWT BIO GRD ELGIN IL g002 JM--28-2000 FRI 01 :04 Phi ELGIN WATER DEPT/RVRSD FAX NO. 1 847 931 6152 P. 02 CITY OF ELGIN AGREEMENT FOR RFP Number: 99-113 for: Removal of Lime Residue Z000 This Agreement is made and entered into this 31 day of Tau*may ,4999 by arid between the City of Elgin ("the CITY"), a municipal corporation organized and existing finder the laws c f the State of Illinois, and LditlV 4/e? ,QQ i71V15(ON , incorporated in the state of ZLL,i1O'5 - and having a principal place of business at 7N Lli7 R7 01S cI91n =L eo!ao ( the CONTRACTOR"). 613IICLE t, DEFINITION. "THIS CONTRACT'as used herein shall mean this Agree nent, the Request for Proposals (RFP) including all documents referenced therein and the Contractor',: Proposal response (Proposal) thereto incorporated by reference herein and made a part hereof. The CONTRACTOR agrees to provide the goods and/or services all in accordarce with the RFP and CONTRACTOR'S Proposal. In the event there is a conflict between this Agreement and the Proposal documents, the Proposal documents shall supersede this Agreement. ARTICLE II. ,QURATJON. The CONTRACTOR shall commence the performance of THIS CONTRACT upon receipt of a fully executed Contract from the City and shall end on December 31, 2000. The City shall have four(4)one year options to renew at its sole discretion. ARTICLE III. TERMINATION. The following shall constitute events of default under 1 HIS CONTRACT: a) any material misrepresentation made by the CONTRACTOR to the CITY, b) any failure by the CONTRACTOR to perform any of its obligations under THIS CONTRACT including, )ut not limited to, the following: (I) failure to commence performance of THIS CONTRACT at the tirr e specified in THIS CONTRACT due to a reason or circumstance within the CONTRACTOR's reasonable control, (ii) failure to perform THIS CONTRACT with sufficient personnel and equipment or with sufficient riaterlal to ensure the completion of THIS CONTRACT within the specified time due to a reason or circumstance within the CONTRACTOR's reasonable control, (iii) failure to perform THIS CONTRACT in a manner reasonably satisfactory to the CITY, (iv) failure to promptly re-perform within reasonable time the services that were rejected by the CITY as erroneous or unsatisfactory, (v) failure to comply with a rr aterial term of THIS CONTRACT, including, but not limited to the Affirmative Action requirements, and (vi) any other acts specifically and expressly stated in THIS CONTRACT a s constituting a basis for termination for cause_. The CITY may terminate THIS CONTRACT for its convenience upon fourteen (14)days piior written notice. ■RTICLI IV. QAMgGES, From any sums due to the CONTRACTOR for services, th9 CITY may keep for its own the whole or any part of the amount for expenses, losses and damages as directed by the Purchasing Director, incurred by Me CITY as a consequence o f procuring services as a result of any failure, omission or mistake of the CONTRACTOR in providing services as provided in THIS CONTRACT. ARTICLE V, GOVERNING LAWS AND ORDINANCES. This CONTRACT is made subject to all the laws of the State of Illinois and the ordinances of the CITY and if any such clause herein foes not conform to such laws or ordinances, such clause shall be void (the remainder of the contract shall not be affected) and the laws or ordinances shall be operative in lieu thereof. .ARTICLE VI. AFFiiMATiVE ACTIQN. The CONTRACTOR will not discriminate agai ist any employee or applicant for employment because of race, color, religion, sex, ancestry, national origi i, place of birth, age or physical handicap which would not interfere with the efficient performance of the job in question. The contractor will take affirmative action to comply with the provisions of Elgin Municipal Code Section 3.12.100 and will require any subcontractor to submit to the CITY a written commitment to comply with those provisions. The CONTRACTOR will distribute copies of this commitment to all persor s who participate in recruitment, screening, referral and selection of job applicants and prospective subcontractors, 01/28/00 FRI 13:33 FAX 847 888 2494 WWT BIO GR0 ELGIN IL 1J003 JAN.-28-2000 FRI 01 :05 PM ELGIN WATER DEPT/RVRSD FAX NO. 1 847 93 . 6152 P. 03 ARTICLE VII. A<S.SIGNABILITY. The CONTRACTOR shah not assign, sell or transfer any interest in THIS CONTRACT without prior written consent of the CITY. ARTICLE VII). AMENDMENTS. There shall be no modification of the CONTRACT except in writing and executed with the same formalities of the original. ARTICLE IX. NOTICES. Any notice given under this CONTRACT shall be in writing and shall be deemed to have been given when hand delivered or deposited in the U.S, mail, certified or registered, return receipt requested, addressed, if to CONTRACTOR, at the address set forth above to the attention of the project manager or undersigned representative, and if to the City, to the attention of the City Manager, 150 Dexter Court, Elgin, IL 60120 or to such other address and/or authorized representatives as either party shall designate in writing to the other in the manner herein provided. ARTICLE X. INDEMNIFICATION. The CONTRACTOR shall indemnify and hold harmless the CITY, its officers, agents and employees, against liability, losses, damages or expenses (inch ding legal expenses) resulting from any claim based upon negligent or intentional acts or omissions of the CONTRACTOR, its employees or its agents in arising out of the existence of this agreement_ goods delivered or work performed hereunder, ARTICLE Xl. PUBLICITYS The CONTRACTOR may not use, in any form or medium, the name of the City of Elgin for public advertising unless prior written permission is granted by the CITY. AR_T1CLE 1L. ENTIRE AC EEMENT. This CONTRACT embodies the whole agrr ement of the parties, There shall be no promises, terms, conditions or obligations other than those contaned therein; and this agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties. The person signing THIS CONTRACT certifies that s/he has been authorized by the CONTRACTOR to commit the CONTRACTOR contractual and has been authorized to execute THIS' CONTRACT on its behalf. IN WITNESS WHEREOF the parties have hereto set their hands the day and year fir;t above written. CONTRACTOR 71,�� OF ELGIN p.eesetec_elle— 111. Name and Title J ce P/kw City Manag >r FEIN NO.,jo�-//301442' 0 OF£ I Agenda Item No. City of Elgin 9 ViL /r1rt0°' January 20, 2000 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Award of Contract for Removal and Disposal of Lime Residue PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider awarding five successive one-year contracts to Wheelabrator Water Technologies, Inc. , BioGro Division, for the removal and land application of the lime residue generated by the water treatment processes . BACKGROUND The Riverside Water Treatment Plant produces lime residue as a by- product of the water softening and clarification reactions . The material, consisting mostly of calcium carbonate, is pumped to the storage lagoons near South McLean Boulevard and Bypass Route 20 . The storage lagoons must be kept from reaching full capacity and, therefore, continual removal and disposal of some of the material is necessary. The previous contract with Wheelabrator/BioGro expired on December 31, 1999 . A Request for Proposals was advertised and sent to five vendors on November 2 , 1999 . The Request for Proposals included several options for disposal of the lime residue to allow for the evaluation of different methods . Three firms submitted proposals, one seeking to landfill the material and two seeking to use land application. A tabulation of the proposals is attached. Water Department staff evaluated and ranked the proposals according to several categories, including feasibility, clarity, experience, available equipment, familiarity with local areas and conditions, and total cost . A summary of the evaluations is attached. The proposal from BioGro was ranked first in all categories and their cost for each of the five-years was the lowest . BioGro has just completed three successive one-year contracts for removal and land application of lime residue, and their work was excellent . The amount of lime residue that was removed and land applied has exceeded the amount produced in each of the last two rok years. In 1999, over 20, 900 dry tons were spread on over 6, 000 acres of farmland with no complaints or regulatory violations. All Removal and Disposal of Lime Residue January 20, 2000 Page 2 of the material hauled has been spread within the required 60-day maximum storage period. BioGro has been limited in the amount of lime residue disposal only by budget constraints . They have the equipment, manpower, expertise, and available farmland to haul more, as was done when additional funding was provided by change order in December 1999 . The cells at the sludge lagoon are now being managed properly and efficiently since BioGro was awarded the contract . Their efforts have provided adequate storage room for the Water Department ' s continual production of the lime residue by emptying one of the cells at the facility. Two previous companies who had been awarded removal and disposal contracts were not able to meet the production level established in their contracts . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None . e''''' FINANCIAL IMPACT The Water Department Operating Fund 401 contains $950, 140 under appropriation number 401-4002-771 .45-99, Other Miscellaneous Services, for the first year' s contract . The second through the fifth years of the contract will be awarded as funding is approved in future budgets. It should be noted that the year 2000 through 2004 costs are less than the previous costs . This may be due to a streamlining of procedures and methods by the contractor. ��, LEGAL IMPACT None . ALTERNATIVES The option of landfilling the lime residue was shown to be more costly, as indicated in the contractors ' proposals . The beneficial reuse of this material in a land application program is currently the most feasible option. No proposals for other uses, such as flue-gas desulfurization of coal-fired furnaces, recalcification of the lime, or synthetic topsoil/soil-blending operations, were received. These options may be explored in the future if interest is shown. r ...... Removal and Disposal of Lime Residue January 20, 2000 Page 3 RECOMMENDATION It is recommended that the City Council approve the award of a contract to Wheelabrator Technologies, Inc. , BioGro Division, for the removal and disposal of a minimum of 18, 000 dry tons of lime residue at a cost of $38 . 80 per dry ton. pectfully subm' ted, 4 �• ce A . Parker City Manager LED:PTM:mg Attachments '-.4) ""110 '''') REMOVAL OF LIME RESIDUE ITABLULATION OF BIDS CITY OF ELGIN Wheelabrator Water Synagro Environmental Contractors Technologies inc 321 Martindale St of Illinois, Inc Invitation No: RFP#99-113 Bio Gro Division Sparta Ml 49345 5290 Nimtz Road Date of Opening: 12/16/99 1100 Benfield Blvd Loves Park, IL 61111 Department: Water Millersville MD 21108 • I Description AMOUNT AMOUNT AMOUNT i AMOUNT Land Application $/dry ton Year One $38.80 $44.34 $64.60 Year Two $39.58 $45.23 $67.85 Year Three $39.58 $46.13 $71.25 Year Four $40.37 $47.05 $74.80 Year Five $40.37 $47.99 $78.55 Payment Discount(if any) CITY OF ELGIN WATER DEPARTMENT Tabulation of Evaluation Proposal for Lime Residue Removal January 4, 2000 Total Points Awarded Evaluator Synagro Bio Gro Environmental Contractors Peter Bityou 1620 1935 880 Larry Deibert 1690 2175 1325 Kurt Eshelman 1695 2175 1315 Paul Miller 1600 2105 1305 2000s1dg010400