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98-162 Resolution No. 98-162 RESOLUTION AUTHORIZING EXECUTION OF A SOLID WASTE COLLECTION SERVICES CONTRACT AMENDMENT #9 WITH WASTE MANAGEMENT-WEST BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5. 02 . 020B( 6 ) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interests of the city; and BE IT FURTHER RESOLVED that Joyce A. Parker, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Solid Waste Collection Services Contract Amendment #9 on behalf of the City of Elgin with Waste Management-West for the collection and disposal of garbage and refuse under the curbside recycling collection program, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: July 8, 1998 Adopted: July 8, 1998 Vote: Yeas 5 Nays 2 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk I . . % Solid Waste Collection Services Contract Amendment #9 City of Elgin Collection and Disposal of Garbage and Refuse Curbside Recycling Collection Program This contract amendment (hereinafter referred to as "Ninth Amendment" ) agreement is made and entered into this ;0-0;1I- day of 3 v\ 1998 by and between the City of Elgin, Illinois, a municipal corporation, (hereinafter referred to as "City" ) and Waste Management-West, a Division of Waste Management of Illi- nois, Inc . , a Delaware Corporation formerly known as Elgin Wayne Disposal (hereinafter referred to as "WMW" ) . WITNESSETH, THAT WHEREAS, the CITY and WMW have previously entered into a Solid Waste Collection Services Contract dated the 14th day of February, 1990 for Collection and Disposal of Garbage and Refuse and Curbside Recycling Collection Program, (hereinafter referred to as the "CONTRACT" ) . WHEREAS, the terms of said CONTRACT currently extend until ` December 31, 1998 ; and WHEREAS, the present terms of the CONTRACT do not accurate- ly reflect changed economic conditions and current municipal refuse needs of the CITY; and WHEREAS, the CITY has determined that it is in the best interests of the City to amend the contract with WMW to provide municipal refuse collection on a more cost effective basis to the residents of Elgin; and WHEREAS, the amendment to the CONTRACT will also reflect the impact of the CITY' s recycling program on municipal refuse collection; and WHEREAS, the CITY desires to extend the CONTRACT with WMW to procure future municipal refuse collection for the residents of Elgin at a determined rate; NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency and receipt of which are hereby acknowledged, the CITY and WMW agree that: 1) The CONTRACT shall remain in full force and effect except to the extent that provisions of the NINTH AMENDMENT conflict with the terms of the CONTRACT, in which case the provisions of this NINTH AMENDMENT shall control . 2 ) This amendment involves a three-year and three-month agreement (January 1, 1999 thru March 31, 2002) with two two-year options (April, 2002 thru March, 2004 and April, 2004 thru March, 2006) . 3) The term of the contract shall be extended from December 31 , 1998 until March 31, 2002 , thereby ending after the winter season. During the first three years and three months of the contract extension, as well as for the last nine months of 1998, the prices will be established as follows : 1998 (Apr-Dec) : Garbage = $7 . 83/Stop/Mo . Recycling = $2 . 30/Stop/Mo . Yardwaste = $0 . 52/Stop/Mo . (annualized rate) Price reductions established herein during 1998 will be retroac- tive to 4-01-98 . Those cost savings will be realized by the City on a prorated basis during the last several months of 1998 . 1999 (Jan-Dec) : Garbage = Same as above Recycling = Same as above Yardwaste = Same as above 2000 (Jan-Dec) : Previous year figures adjusted by CPI figure from August, 1999 . 2001 (Jan-Dec) : Previous year figures adjusted by CPI figure from August, 2000 . 2002 (Jan-Mar) : Previous year figures adjusted by CPI figure from August, 2001 . 4) Rate adjustments during the first three-year and three-month contract extension shall be based upon the Bureau of Labor Statistics Consumer Price Index for the Chicagoland area (CPI-U) . The CPI-U rate increase shall not exceed 5% in any given year. 5) The CPI adjustment will effect the following unit prices : 1 . Curbside garbage 2 . Curbside recycling 3 . Curbside yardwaste 4 . Multi-family rates at 75% of the curbside rate for garbage and recycling only. Yardwaste collections are not included with multi-family units . 6) The following existing prices shall remain unchanged during the 3-year and 3-month contract extension as follows : Item Price A. Grass Stickers $ 1 . 00 each B. Appliances $25 . 00 each C. Tires : Tire only $15 . 00 each Each additional $ 5 . 00 each (per location) Tire w/rim $20 . 00 each Each additional $10 . 00 each (per location) Tractor/Truck Tire $40 . 00 each Each additional $10 . 00 each (per location) D. Dumpsters (garbage) $ 4 . 25/C.Y. E . Dumpsters (yardwaste) $ 4 . 25/C.Y. F. Trash Cans $19 . 50 each/month G. Recycling Bins $ 6 . 50 each 7 ) WMW shall distribute one new 18-gallon recycling bin to each customer by 9-01-98 at no cost to the City. 8) WMW shall provide free 96 gallon covered carts to replace approximately 225 existing 55 gallon drums in all the City parks (approximately 49 sites) at no cost to the City. Collection dates will vary with the dynamics of the season, but will start with Monday, Thursday and Saturdays . The service will be provided on a year round basis with the understanding that service levels may be reduced during the winter months . The number and/or size of garbage and yardwaste dumpsters at existing Parks facilities may be eliminated or reduced and will be collected at no cost to the City. 9 ) WMW will pay the City $25, 000 per year to help fund a household hazardous waste collection event for Elgin residents . 10) WMW will purchase and utilize a new fleet of high productivity side loader collection vehicles by 10-01-98 at no additional cost to the City. 11) WMW will provide a recycling and waste minimization educational program for the community, again at no cost to the City. 12) The overall city-wide yard debris (yardwaste) collec- tion program, including daily curbside service during city-wide leaf collections (October & November) , shall be reviewed and negotiated by both parties prior to the fall of each contract year. During leaf collection operations , WMW agrees to contin- ue to provide a tub grinder and maintenance to facilitate the processing of leaf bags at no cost to the City. 13) For the previously implemented office paper recycling program, WMW may expand the number of items to be collected in all City offices , conduct a refresher course and instruct new employees at additional City buildings as to proper recycling procedures at no charge to the City as may be required by the City. 14 ) For the previously implemented multi-family garbage and recycling collection programs, WMW shall continue to add additional pick-ups in new private developments per the exist- ing contract through the term of this contract. 15) WMW will absorb the 12 remaining multi-family complex- es which are presently being serviced by other haulers at 75% of the contract rate for garbage and recycling, beginning on 1-01-99 . 16) The number of Stops will be re-calculated every six months . The method to determine the number of stops assigned to each building shall continue per previous agreement. 17 ) The curbside recycling program shall be expanded by 10-01-98 by adding the following items to the list of recyclables to be collected: A. #3, 4 , 5 & 7 Plastics B. Household batteries C. #6 (PS) Plastic is already included in the City program. However, packaging "peanuts" in this catego- ry are not included in the curbside program. 18) Dumpsters at the following locations will be serviced by WMW without cost to the City: A) City Hall B) New Police Building C) Public Works D) Park Sites 19) WMW agrees to amend and provide copies of the City's Solid Waste Booklet as changes are made to update the program details . 20 ) The term of this CONTRACT for the Collection and Disposal of Garbage and Refuse and Curbside Recycling Collec- tion Program shall remain in full force and effect through the 31st day of March, 2002 . Therefore, the City and WMW mutually agree to modify the CON- TRACT as outlined herein. In witness whereof, the parties hereto have caused this AMEND- MENT to be executed as of the day and year hereinabove set forth. OWNER CONTRACTOR CITY OF ELGIN WASTE MANAGEMENT - WEST By: v a ity Manager Attest: Attest: "� tivGt City Clerk I Waste Management-West A Waste Management Company 780 North Kirk Road Batavia, IL 60510-1475 Tel: 800/414-5325 Fax: 630/879-9353 July 1, 1998 Ms. Joyce Parker City Manager The City of Elgin 150 Dexter Court Elgin, Illinois 60120-6100 Re: Contract Clarification Dear Ms. Parker: Waste Management would like to clarify our position regarding increases in the year 2000 and 2001 of our proposal. Our proposal indicated that we would limit increases to the Consumer Price Index - Urban Indices with a 5% cap per year. This practice is in common use in our industry and has yielded annual increases of 2-3% for the past few years. A concern was expressed at the Committee meeting of June 24, 1998 that the CPI-U might not accurately reflect the conditions in our industry and could negatively effect the City of Elgin. Therefore, we are willing to document and substantiate the factors that impact our collection operations. Typically, these are labor, fuel, equipment and tipping fees. If our costs are lower than the CPI-U, we will limit our increases to those numbers that we can substantiate. If our costs are greater than the CPI-U, we will limit our increases to the published consumer index with the 5% cap still in place. Waste Management offers these assurances because continuing our relationship with the City of Elgin is of paramount importance to all of our employees and their families that live and work in your community. We feel that our proposal is unique in the Chicago marketplace and ensures a superior program for the residents of Elgin. Thank you for your consideration in this matter. Sincerely, Al Bilthouse Director of Operations Pct—O-let � A Division of Waste Management of Illinois. Inc FilcycleAmenca a WMI Service �� `0 OF et.c. `ey� City of Elgin Agenda Item No. June 15, 1998 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Solid Waste Contract Waste Management West (WMW) Contract Extension PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider extending the present solid waste disposal contract with WMW. BACKGROUND Our current contract with WMW was initially executed on February 14 , 1990 and expires on 12-31-98 . Staff was in the process of preparing specifications to re-bid that contract in July of this year. Based on figures from surrounding communi- ties, we would expect to see lower prices as a result of the bidding process . WMW has, however, submitted a proposal to extend their current contract in lieu of rebidding. The proposal submitted by WMW on 3-13-98 outlined price reductions during 1998, the last year of their contract . Their 101, reduction for garbage, recycled materials and yardwaste would be firm thru 1999 as part of the proposed contract extension. WMW is proposing a 3-year extension with two 2-year negotiated extensions . Reductions of the current contract costs will result in cost savings to the City of $260, 285 in 1998 (April-December) and $349, 885 in 1999 as outlined on our attachment . Also, other services proposed by WMW represent a value to the City, or incentives worth $493, 255 in 1998, and $345, 000 in 1999, again as outlined on the attachment . Under this proposal, the price for grass stickers in Elgin would remain $1 . 00 each through 2001 . We compare this to yardwaste stickers in Naperville which now cost $1 . 35 each, for all brush and grass clippings . Elgin charges for only grass clippings . The WMW proposal also includes the distribu- tion of over 20, 000 new 18 gallon recycling bins to each customer so everyone will have at least two bins . Free collection from City Parks via 96 gallon covered carts to replace existing 55 gallon drums is also included in the proposal and would result in a much cleaner environment in the Parks . The Parks Department currently utilizes two grounds maintenance personnel to collect refuse in the parks . Solid Waste Contract Extension Proposal June 15, 1998 Page 2 WMW will participate in a yearly Household Hazardous Waste (HHW) program ($25, 000/year) and will purchase a new fleet of side loader trucks to improve collection efficiency and reduce litter blown out of the trucks . WMW will provide further education programs in the school system and will continue to assist with our leaf collection program. WMW was a co-founder of the Elgin Proud and Beautiful volun- teer group in 1987 along with the City and Chamber of Com- merce . During that time frame WMW representatives have served as directors while providing thousands of dollars worth of free disposal during our City-wide Clean-ups . The possibility of a contractor change in January ' 99, with key Public Works personnel retiring, causes us to be concerned over the status of our solid waste program. Coordinating a new solid waste contractor with personnel who have no experi- ence in the matter and remobilizing in the middle of the snow season could negatively impact service to the community. Recent solid waste bids in Naperville and Aurora resulted in changes in haulers for each community as follows . Naperville lost WMW to the low bidder BFI, while Aurora lost BFI to the low bidder WMW. The program in Aurora is volume-based where garbage is paid by the homeowner via a sticker charge for each bag or can. Due to the vast difference in contracts we did not attempt to compare Aurora ' s volume-based program to our unlimited volume program. Naperville and Glendale Heights have similar programs and were included in our price comparison (see attached sheet) . Each program has new prices which are higher than the proposed rate offered to the City of Elgin by WMW. Each program, however, is slightly different as to costs for yardwaste, appliances, dumpsters, trash cans, leaves, multi-family units and tires . While the population of Naperville is greater than Elgin (119, 000 vs 85, 000) , the volume of garbage alone collected is less ( ' 96 : 65, 096 C.Y. in Naperville vs 72 , 915 C.Y. in Elgin) . Therefore, the price in Naperville for garbage collection ($6 . 13) is less than the proposed price in Elgin ($7 . 83) because less volume is hauled in Naperville per stop. While the unit price for garbage pick-up is lower in Naperville ($6 . 13 vs $7 . 83) , the cost per cubic yard for removal is greater, $36 . 73/C.Y. in Naperville vs $25 . 98/C.Y. in Elgin. Another contractor performs curbside recycling in Naperville for $3 . 80/Stop. Elgin' s proposed contract for recycling is $2 . 30/Stop. Naperville residents must pay $1 . 35 for each bag/bundle of yardwaste, including grass clippings . The City of Elgin pays 52c/Stop for unlimited quantities of yardwaste and residents pay $1 . 00 for each bag of grass clippings . Solid Waste Contract Extension Proposal June 15, 1998 Page 3 WMW has proposed an immediate savings program starting in 1998 along with incentives discussed above . These savings and incentives in 1998 will be lost if the WMW proposal is not accepted. Their proposal was made in March. WMW will honor the proposal to the end of the year retroactive to April . The price adjustments for 1998 would remain the same for 1999 . All other prices such as dumpsters, tires, trash cans, appli- ances, etc . would stay the same through 2001 . The 3-year extension proposed by WMW covers 1999, 2000 and 2001 . Any increases after 1999 will be limited to the "Con- sumer Price Index for the Chicago region" (CPI) , as are many other solid waste contracts in the Chicago metro region. While WMW is suggesting a 3-year extension, staff recommends that the extension be valid until March 31, 2002 instead of December 31, 2001 . This will prevent future disruptions during the snow season when the City rebids the contract . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED The following waste haulers have previously shown interest in the City' s solid waste program and have been notified of the City' s recommendation to extend WMW' s contract : BFI, Flood Brothers, Area Disposal, Alliance, Superior and Speedway. Letter from BFI to Mayor Kelly attached. FINANCIAL IMPACT The 1998 Budget includes $3 , 369, 550 for refuse disposal . The savings to the City as offered by WMW is $260, 285, or 7 . 7% of the total budget in 1998 . The 1999 savings total $349, 885 or 10 . 4% of the current contract value . Additional incentives (tasks not currently included in the contract) in 1998 and 1999, have values of $493 , 255 and $345, 000 respectively. Any increases in the solid waste contact for 2000 and 2001, will be limited to the Consumer Price Index for Urban Consum- ers - Chicago, or 5%, whichever is less . LEGAL IMPACT Approval of this proposal, under the terms of the City' s procurement ordinance, requires a 2/3 majority vote . Solid Waste Contract Extension Proposal June 15, 1998 Page 4 ALTERNATIVES 1) Accept WMW proposal and prepare an amendment for a contract extension. Advantages : - Savings and incentives realized in 1998 totaling $753 , 540 . - Avoid confusion of possibly switching waste haulers with key personnel retiring. - Better service than current contract . Disadvantages : Does not allow for receiving competitive proposals . 2) Bid a new contract . Advantages : - Test the market place and encourage competition. Disadvantages : - Possible to get a new hauler, with mobilization confu- sion, possible new routes, different pick-up times, etc. - Will not realize the $753 , 540 incentive and savings package offered by WMW in 1998 . RECOMMENDATION It is recommended that the City Council accept the proposed contract extension with WMW and authorize staff to execute the necessary contract amendment . Respectfully submitted, •yc A. Parker ity Manager GWM/DL :mg Attachments 6-12-98 WMW PROPOSAL/3-13-98 ' 98 Savings ' 99 Savings April-December January-December 1 . 20, 163 Stops/Month 1 . 20, 363 Stops/Month x$1 . 18/Stop Savings x$1 . 18/Stop Savings 9 Months 12 Months $214 , 130 $288, 340 2 . Multi-family Units : 2 . Multi-family Units : $ 14 , 355 $ 19 , 140 3 . City Hall/EPD/PW Dumpsters 3 . City Hall/EPD/PW Dumpsters $ 8, 810 $ 11, 750 4 . Parks Dumpster Collection: 4 . Parks Dumpster Collection: $ 22, 990 $ 30, 655 $260,285 $349 , 885 Incentives - ' 98 Value Incentives - ' 99 Value 1 . Grass Stickers Stay @ $1 1 . Same since 3-16-92 2 . Recycling Bins : $131,060 Single Fam2 . N/A ( 1-time deliv. in ' 98) $ 12, 195 Multi ' s $0 $ 10, 000 Deliv. 3 . Citywide Parks Collection 3 . Same ( Including approx. 225 96 gal . containers . ) $300, 000 $300, 000 4 . Parks garbage truck purchase 4 . Same budgeted in 1998 is not needed. No Estimate No Estimate 5 . Labor, used to collect parks 5 . Same refuse, can be redirected. No Estimate No Estimate 6 . Household Hazardous Waste 6 . Same $ 25,000 $ 25,000 (To be credited to City if no HHW event occurs) 7 . New side load trucks . . . 7 . Same less litter $ No Estimate $ No Estimate 8 . Educational Programs 8 . Same in Schools $ 15, 000 (WMW Est. ) $ 20,000 (WMW Est. ) 9 . WMW agrees to provide assis- 9 . Same tance with the leaf collection program at rates to be negot- iated. $ No Estimate $ No Estimate 10 . Tire pickup costs, never 10 . Same increased since 1994, will remain at $15/tire ($5 for each additional) through 2001 . 11 . Appliance pickup costs, set 11 . Same on 11-06-92, will remain at $25/appliance through 2001 . 12 . Dumpster pickup costs, never 12 . Same increased since 1990, will remain at $4 . 25/cubic yard through 2001 . 13 . Recycling will be expanded 13 . Same to accept all plastic mate- rial and household batteries . 14 . Trash can cost ($19 .50/mo. ) 14 . Same and bin cost ( $6 .50 ea. ) to remain unchanged from orig- inal contract. $493,255 $345,000 MDM0189 .A/TEXT071/MEMOTOMG.R