96-92 Resolution No. 96-92
RESOLUTION
AUTHORIZING EXECUTION OF A CONTRACT AMENDMENT WITH
BROWNING-FERRIS INDUSTRIES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Richard B. Helwig, City Manager, and Dolonna
Mecum, City Clerk, be and are hereby authorized and directed
to execute a Contract Amendment on behalf of the City of Elgin
with Browning-Ferris Industries for the removal and spreading
of lime residue from the McLean Boulevard lagoons, a copy of
which is attached hereto and made a part hereof by reference.
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: April 10, 1996
Adopted: April 10, 1996
Omnibus Vote: Yeas 6 Nays 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
CONTRACT AMENDMENT
This agreement is made and entered into this t(.A5t day of
1996 , by and between the City of Elgin, Illinois,
a unicipal corporation (hereinafter referred to as "City" )
and Browning-Ferris Industries, an Illinois corporation
(hereinafter referred to as "BFI" ) .
WHEREAS, City and BFI have previously entered into an
agreement for the removal and land application of lime from
City's property, dated March 9, 1994, a copy of which is
attached hereto and made a part hereof as Attachment "A"
(hereinafter referred to as "Original Agreement" ) ; and
WHEREAS, both parties hereto each have determined it to
be in their best interests to modify the terms of the Original
Agreement as provided for herein; and
WHEREAS, due to various circumstances, a portion of the
aforementioned lime sludge removed from City' s property by BFI
is now stored at fourteen locations throughout the Elgin,
Illinois area, a listing of which is attached hereto as
Attachment "B" (hereinafter referred to as "locations" ) , and
may be incapable of being applied to the land in the manner
contemplated by the Original Agreement in a timely manner due
to the current condition of such lime sludge.
NOW, THEREFORE, in consideration of the mutual promises
and covenants contained herein, the sufficiency of which is
hereby acknowledged, the parties hereto hereby agree to amend
and modify the terms and provisions of the Original Agreement
to provide as follows:
1 . BFI may remove the lime sludge currently deposited,
but not applied or spread, at the locations and deposit such
lime sludge at the facility commonly known as, and hereinafter
referred to, as Mallard Lake Landfill located at 26W580 Schick
Road, Hanover Park, Illinois 60103, to the extent it may
otherwise be lawful to do so.
2 . BFI shall defend, hold harmless and indemnify City
from and against any and all causes of action, claims for
damages, suits, and any and all other liability of whatsoever
kind, including, but not limited to, reasonable attorney' s
fees, arising out of, or in connection with, BFI ' s negligent
or otherwise unlawful performance of the terms of the Original
Agreement or this amendment thereto.
3 . BFI shall obtain and provide City with copies of any
and all permits and other authorization of whatsoever kind as
may be required by law to remove the aforementioned lime
sludge to Mallard Lake Landfill, prior to such removal and
deposit.
4 . All other terms and conditions of the Original
Agreement shall remain in full force and effect.
CITY OF ELGIN
By
City Manager
Attest:
.9941,4040
City Clerk
BFI
By —
Its ,cfe„✓
m A T T A C H M E N T A
t�> ' CITY OF ELGIN •• .. .
nntrnasnto urrr. ' � rNVrrArION To MD 194-001
tint foXIrn caner )t) 111i!IS NOT AN ORDP.II
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s. ' FLrnN,a.IINOIS amlo •" . December 20. 1993
' s m/9�t.31a s f,,, i*e;'••
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iNVITATiON: Sealed hick, subject to the conditions an the reverse hereof, will be received at this office until
I 11:00 a'clocka.m. Friday Feb. 25 1O94for furnishing the following supplies And/or services.
-nease use this form foe submitting your hid.
MINN NO. ARIIMES ON SFS VICF3 • AMOUNT
The City of Elgin would nrprrcinte your bid on the iemoval and land
application of water treatment plant lime teaidue according to the
attached specifications. .
]A. Remc+vnl of 17,000 of dry lime residue from the ]ngoons near
Routh ilcLenn nonlevnrd and land application of the same during calendar 20.85
• year 1994. r,
r/ton dry
:ol ids
ID. Removal of an nddll:irmat 1,000 cubic yards of dry lime teaidue from else
lagoons near. South lk:Leon Boulevard and land application of the same during
cnlondor yenr 1994. Thin item will he hwnrdrd during September/October of
calendar year 1994, bisect upon funding availability. " 20.85
r . . r/ton dry
F:o I iris
2. Removal of 15,000 cubic ynr.•ln of dry lime residue from the lagoons near
South ilcLonn nouleverd and land application of the same during calendar
year. 1995, based upon funding availability, .; 20.85
5/ton dry .
solids
3. Removal of 15,000 cubic yards of dry lime residue from the lagoons near
South ticLenn noutevarrt and land application of the same during calendar •
year 199r, booed upon funding availability. '• 20.85
/ton dry
solids
The bids will be awarded nt the sole diacrctidin of. the City of Elgin,
and the city r.oaorven tl:r right: to reduce the quantity of any item or
eliminate any item due to budget limitations.
. • PAYMENT DISCOUNT
S 10 days 5 20 days • 5 30 days
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11r undetslgnrct hetrhy epees In fmnidc the,hov• supplies and/or services at the ptices and terns stated subject to all
Instructions,conditions,specifications,and all nttachmenis hereto. The undersigned certifies that the bidder is not barred
from bidding on this solicitation as a result of a conviction for the violation of stile law ohihiting b Igging bid•rotating.
COMrANY BFI of Indiana, Inc. Signature
P.O. Box 36098 NanteATMe Gera'i-d Greene, V.P.
Indianapolis, IN 46236 I"`w''°'«"t"'
35-0958154 800-888-5783
Telephone
Federal Employer Identification
Ir'-.--•..t.... h.,rw.,ehin ttwlirhlual
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INSTRUCTIONS TO BIDDERS
Proposals to be entitled to consideration must be made In accordance with the following instructions.
1. The City of Elgin reserves the right to reject any or all bids, or any part thereof,or to accept any bid or
any part thereof, or to waive any informalities in any bid, deemed to be for the best interest of the City.
2. No bid may be withdrawn after the scheduled closing time for receipt of bids for at least thirty(30)days.
3. Proposals must be signed by an authorised official of the conttactot's organisation, and the name of the
official end his title typed below the signature.
4. The parts and materials bid must be of current date(latest model)and meet specifications. This provision
excludes surplus, re-manufactured and used products except as an alternate bid.
S. All equipment end material bid shall be in accordance with OSHA Rules and Regulations in effect at the
time of the bid.
6. Bids will be considered on equipment or materiel complying substantially with specifications provided
each deviation is stated and the substitution is described, including technical data when applicable, in a
letter attached to the bid. The City of Elgin reserves the right to determine as to whether such substitutions
or deviations are within the intent of the specifications and will reasonably meet the service requirements
of the using department. Brand names which may be mentioned in specifications does not indicate e pre-
ference and is used only as a reference to the type and quality of materials or equipment desired.
7. items of foreign origin must be so indicated. Your signature to the bid proposal will be taken as your
certification that all manufactured articles, materials and supplies not so indicated, have been made or
produced in the United States or its insular possessions.
S. The brand name end/or manufacturer of each item proposed must be clearly stated. Guarantee and/or
warranty information must be included with this bid.
9. Unless otherwise specified,materials and equipment purchased will be inspected by the receiving activity
as to meeting.the quality requirements of the call for bids. When deemed necessary, samples of supplies
or materials will be taken at random horn stock received for submission to a commercial laboratory,or other
appropriate inspection agency, for analysis and test as to whether the material conforms in all respects
to the specifications. In cases where the commercial laboratory report indicates that the material does
net meet the specifications, the expense of analysis is to be bonne by the successful bidder and the order
or balance thereof may be cancelled.
10. Unless otherwise indicated, the bid price is to be FOB Elgin, l:linois, with delivery to City using point.
11. The City and State of Illinois Sales Tax and Federal Excise Taxes are NOT applicable to sales made to
the City of Elgin and must be excluded from bid prices.
12. Prices shall be stated in units when applicable and quotation made on each item separately. in case of
conflict, unit price shall govern.
13. Bidders must be sure to specify any terms which they wish to offer in the space provided. Cash discounts
will be deducted from the base bid in determining the low Bidder.
14. Time of delivery is •part of the consideration and must be stated In definite terms where indicated on the
bid sheet. If delivery or performance is not made within tire specified time, the City of Elgin reserves the
right to cancel the order or any portion thereof.
15. The City of Elgin reserves the right to require the successful Bidder to furnish a performance bond. If
filled for in the specifications, said bond shall be furnished within seventy-two(72) hours after notifi-
cation of award in an amount not to exceed one hundred per cent(100%)of the total bid price.
16. If required in the specifications, each Bidder must submit with his bid a certified check in the amount of
ten per cent (10%) of the total base bid, payable to the City of Elgin, as a guarantee that the successful
bidder will supply material and/or services as specified. The proceeds of any bid guarantee shall become
the property of the City if, for any reason, the successful Bidder, within 30 days after opening of bids,
withdraws his bid or if on notice of award, refuses or is unable to comply with contract requirements..
17. In case of default by the Bidder, the City of Elgin may procure the articles or services from other sources
and may deduct from unpaid balance due the Bidder, or may collect against the bond or surety for excess
costs so paid, and the prices paid by the City shall be considered the prevailing market price at the time
such purchase is mode.
111. The Bidder shall hold the City of Elgin, its officers, agent and employees, harmless from liability of any
mature or kind on account of use of any copyrighted or uncopyrighted composition,secret process,patented
or unpetented Invention, article or appliance furnished or used under this bid call.
19. Successful Bidder is specifically denied the right of using in any form or medium the name of the City of
Elgin for public advertising unless express written permission is granted by the City.
elk 20. Successful Bidder agrees to comply with all rules end regulations pertaining to Public Contracts adopted
by the Illinois Fair Employment Practices Commission and City of Elgin. •
21. Bidders will be required to comply with all applicable laws including those relating to the employment of
labor and the payment of local prevailing wage rates.
• 22. The opaque envelope containing bid shall be marked plainly, "SEALED BID" - With MATERIAL OR
SERVICE DESCRIPTION, bid call number, date and time of closing written thereon.
1 '- 1
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TABULATION OF BIBS t. o 'u M
CITY OF ELGIN ° ° � Q c 14
N N •4 14 1
V C U! 1 N
C a' 1-4 14 0 O 41 0 41 A N
#94-001 H .c a •.4 ry .-4 U o m
►station No. a H U► U .4 > H o .,4 0. N
O N
a Oh UI 0 U a CO to O tU d1 2•'.
to of Opening 2/25/94 .4 a .4 Z d £ to .
G r•1 O N 14 u1 U1 G > UI U b O
Water 11 0. .4O •.4 a •.4 •.4 ..4 +►
partment x a o �, ,� -s .4 y E y
44 0 0 0
° � m a v ° S 'a .�
H ° -4 a .-1 CO • 1 14
Cu C •.01 m 0 C U r- 4,
CO 1f(. H Q1 .-1 N PC Z N U1 M 03 MI 0
Description TON/DRY TON/DRY TON/DRY TON/DRY
SOLIDS AMOUNT SOLIDS AMOUNT SOLIDS AMOUNT SOLIDS AMOUNT
'
i Removal of 12,000 dry tons of I
lime residue from the S. McLean 20.85 250,000 29.25 351,000 34.50 414,000. 59.35 712,200
Blvd and Land application of
same during 1994
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3 Same as above, except qty is
3,000 dry tons & period is 20.85. 62,550 29.25 87,750 34.50 103,500 59.35 178,050
Oct/Nov 1994
TOTAL for 1994 438,750 517,500 890,250
Same as above, except qty is
15,000 dry tons & period is 1999 20.85 312,750 30.10 451,500 36.23 543,450 62.31 934,650
L Same as above, except qty
is 15,000 dry tons & period 20.85 312,750 31.00 465,000 38.04 570,600 65.42 981,300
is 1996
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fin Waste Recycled paper 0
Systems-
BROWNING-FERRIS INDUSTRIES
Zion Landfill
3/7/96
Mr. Larry Deibert
City of Elgin
150 Dexter Court
Elgin, Illinois 60120
Dear Mr. Delbert:
As per your discussions with Bryan Greisbach, I am writing you this letter as conformation that
BFI is still most interested in continuing with the third year of the lime sludge removal project. As
you are aware, BFI has made management changes that will greatly enhance the quality of
service you have received in the past. The management of this project has been transferred
from our Indiana division to our division here in Chicago. Bryan is in charge and I have full
confidence that his expertise will prove to be invaluable to this project. Additionally, BFI is
currently in the process of securing the additional acreage, over and above the 2,829 acres
already available, needed to complete this project. We have had meetings with farmers in the
rok Rockford area who are very interested in the use of this material. We were in this process of
utiiizng some of the lime sludge this spring, however the roads were posted in the beginning of
the vreek we were to have started, basically eliminating the option for spring spreading,This
option is, however, very promising for the fall application season. BFI has also inquired about
different types of spreaders to be used specifically for the use with your material. This will allow
us to be much more efficient and spread more material in the fall. I am aware that you have
experienced some concerns since this project was started, but let me assure you that under our
management that the third year of this project will proceed smoothly. I trust this letter meets your
expectations discussed with Bryan. If you have any questions or require any additional
information please feel free to call me at (708)894-9000.
Sincerely,
Robert F. ister
District Manager
cc: Jim Maher
Brian Greisbach
Randy Doepke
r
'" " - "n"' II I IMAM annaq • 17081 746-5777 • FAX: (708)746-0666
g F1-Waste Recycled paper 0
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BROWNING-FERRIS INDUSTRIES
E i&E Hauling,Inc. A T T A C H M E N T B
Mallard Lake Landfill
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Fields with Elgin Lime Sludge Stockpiles
Tom Flanders FLA-201
35480 Swan Road FLA-401
Elburn, IL 60119
Frank Hartman HAR-101
45W861 I .C. Trail HAR-102
Maple Park, IL 60151 HAR-201
Ron Hiller HIL-101
5603 N. Spring Grove Road
McHenry, IL 60050
Lynn Landmeier LAN-202
42W665 Plato Rd. LAN-401
Elgin, IL 60123
Warren Nestler NES-101
41W321 Route 20
Hampshire, IL 60140
Steve Pitstick PIT-101
48W359 Route 64
Maple Park, IL 60151
Marvin Straub STR- 102
12 N. Coombs Road
Elgin, IL 60123
Eric Utech UTE-101
3510 Lilly Pond Rd. UTE- 102
Woodstock, IL 60098 UTE-102A
UTE- 103
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�� w '.an SCHICK ROAD • HANOVER PARK, ILLINOIS 60103 • (708) 894-9000 • FAX: (708) 894-9089
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r Eci E1n
Agenda Item No.
,e$-,(tpvti ,
,,.,4,..,..
March 20, 1996
TO: Mayor and Members of the City Council
FROM: Richard B. Helwig, City Manager
SUBJECT: Award of Third Year Lime Residue
Land Application Bid
PURPOSE
This memorandum will provide the Mayor and members of the
City Council with information to consider awarding the third
year of a bid received in 1994 to Browning-Ferris Industries,
Inc. , for the land application of lime residue from the South
McLean Boulevard lagoons.
BACKGROUND
In February, 1994, four bids for the land application of
lime softening residue to farm fields were received. This
bid was structured to be applicable for three years with
Browning-Ferris Industries, Inc. being awarded the contract.
(See Attachment A) . The second year of this contract was
authorized in February, 1995.
Browning-Ferris is still somewhat behind in applying total
contractual amounts of lime residue for 1994 and 1995. Howev-
er, during the fall of 1995, the company resolved its trans-
portation and spreading issues and actually hauled and spread
over a year's requirement. Therefore, it is anticipated and
supported by the February 7, 1996 letter from Bob F. Pfister
that the company should be able to meet the three-year quanti-
ty commitment during 1996 (see attached) .
There were 15 farm fields that had sludge delivered to them
in the fall of 1995 that were not able to be spread due to
weather conditions (see Attachment B) . It rained for 11 of
14 days, followed by the early onset of freezing weather
conditions. It is proposed that this year's contract be
modified to allow Browning-Ferris to remove the material from
these fields as soon as conditions permit and transport it to
Mallard Lake Landfill, thereby permitting the farmers to
plant their fields. Costs for this hauling and dumping fees
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Third Year Lime Residue
Land Application Bid
rft. March 20, 1996
Page 2
will be absorbed by Browning-Ferris . Allowing the farmers to
enter their fields, as soon as possible will aid in promoting
acceptance of our program by the farming community. Execut-
ing the indemnification form absolves the City of any future
litigation for placing the lime residue removed from the 15
locations into the Mallard Lake Landfill .
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None.
FINANCIAL IMPACT
The Water Fund's 1996 budget under appropriation
#401-4002-771 .45-99, "Other Miscellaneous Services, " has
$313,000 budgeted for this project. Additionally, $226, 198.01
in unspent funds from 1995 has been carried over to complete
this project.
LEGAL IMPACT
The contract amendment will allow BFI to remove the aforemen-
tioned lime sludge to a location not provided for in the
(Pk original agreement.
RECOMMENDATION
It is recommended that the award for the third year's con-
tract be made to Browning-Ferris Industries, Inc. , for the
removal and spreading of lime residue from the McLean Boule-
vard lagoons in an amount not to exceed $313,000. A further
recommendation is that the 1996 contract provide for the
removal of the unspread lime residue from the 15 farm fields
and for landfilling this material at Mallard Lake Landfill at
no additional cost to the City.
Respectful y u
adV J EC
James L. Kristiansen
Public Works Director
(446-1
i hard B. Helwiq
City Manager
RBH:JLK: jm