00-185 Resolution No. 00-185
RESOLUTION
AUTHORIZING EXECUTION OF AN ASSIGNMENT AND ASSUMPTION OF
LIME RESIDUE AGREEMENT WITH WHEELABRATOR WATER
TECHNOLOGIES, INC. AND SYNAGRO MIDWEST, INC .
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna
Mecum, City Clerk, be and are hereby authorized and directed
to execute an Assignment and Assumption of Lime Residue
Agreement on behalf of the City of Elgin with Wheelabrator
Water Technologies, Inc . and Synagro Midwest, Inc . for the
assignment of the contract for removal and disposal of lime
residue from BioGro to Synagro Midwest, Inc . , a copy of which
is attached hereto and made a part hereof by reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: August 9, 2000
Adopted: August 9, 2000
Omnibus Vote : Yeas 7 Nays 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
ASSIGNMENT AND ASSUMPTION OF LIME RESIDUE AGREEMENT
This Assignment and Assumption Agreement is hereby made
and entered into this )q day of 40.,4c,o , 2000 , by and
betWeenWHE$LABRATOR WATER TECHNOLOGIES INC. a Mkryland corporation
authorized to do business in the State of Illinois
(hereinafter referred to as "Assignor") and SYNAGRO
MIDWEST INC. , a Delaware corporation also authorized to
do business in the State of Illinois (hereinafter referred to
as "Assignee" ) and the CITY OF ELGIN, a municipal corporation
organized under the laws of the State of Illinois (hereinafter
referred to as "City" ) .
WHEREAS, the City and "Bio-Gro" , a division of Assignor
have entered into a contract on January 31, 2000, for the
removal of lime residue as specified in the City' s RFP Number
99-113 and the other documents made a part of said contract
(hereinafter referred to as the "Lime Residue Agreement" .
WHEREAS, Assignor and Assignee have entered into an
agreement whereby Assignee 'as acquiring the "Bio-Gro Division"
of Assignor; and "parent
WHEREAS, Assignor and Assignee desire to execute and
deliver this Assignment and Assumption of the Lime Residue
Agreement to effect the assignment of Assignor ' s interest in
the Lime Residue Agreement to the Assignee; and
WHEREAS, City has approved the assignment of the
Assignor' s interest in the Lime Residue Agreement to the
Assignee by virtue of a resolution passed by the City Council
of the City of Elgin on /105..G, 1 , 2000 .
NOW, THEREFORE, the parties hereto agree as follows :
1 . Assignor hereby assigns to Assignee all of its
right, title and interest in and to the Lime Residue Agreement
with City.
2 . Assignee hereby assumes all of Assignor' s
obligations under the subject Lime Residue agreement .
Assignee agrees that it is liable for all obligations to the
City arising under the Lime Residue Agreement .
3 . The City hereby consents to the Assignment and
Assumption of the Lime Residue Agreement as provided herein.
4 . This Assignment and Assumption Agreement shall be
deemed effective as of / , 2000 .
IN WITNESS WHEREOF, the parties hereto have executed this
Assignment and Assumption Agreement as of the date first
written above .
ASSIGNOR: ASSIGNEE :
WNEELABRATOR WATER TECHNOLOGIES SYNAGRO MIDWEST , INC .
IN
BY k ( " By
David M. Beavens Alvin L. Thomas
Its Vice President Its Vice President, General Counsel
CI ' OF ELGIN
Aill
By
.. _ irtA
Jo e A, Par er
Ci y Manager
Attest :
City C erk
Agenda Item No.
City of Elgin g
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June 2, 2000 Ittp Is III Ga ,�n ;
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TO: Mayor and Members of the City Council
FINANCIALLY STABLE CIT Y GOVERNMENT
EFFICIENT SERVICES.
AND QUALITY INFRASTRUCTURE
FROM: Joyce A. Parker, City Manager
SUBJECT: Sale of BioGro by Waste Management
PURPOSE
The purpose of this memo is to give the Mayor and the City Council
information to consider agreeing to the assignment of a contract
with BioGro to Synagro Technologies.
BACKGROUND
At their February 9, 2000 meeting, the City Council passed a
resolution authorizing execution of an agreement with Wheelabrator
Water Technologies, Inc. , a Waste Management Company, BioGro
Division, for removal and disposal of lime residue at the Riverside
Water Treatment Plant.
On May 1, 2000, the City received a letter from Waste Management
announcing that BioGro was being sold to Synagro Technologies. The
announcement stated that this sale would have no impact on Biogro' s
operations or project commitments . Staff has checked Synagro' s
references and has found their performance with other clients to be
satisfactory.
Article VII of the agreement between BioGro and the City states
that no interest in the agreement will be assigned, sold or
transferred without the written consent of the City. While the
contract is not technically being assigned, it is recommended that
the City receive from Synagro an explicit, written acceptance of
the City' s contract.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None.
rik
•
1 ' •-
Sale of BioGro by Waste Management
June 2, 2000
Page 2
lykFINANCIAL IMPACT
None. Future payments under the transferred agreement will go to
Synagro rather than BioGro.
LEGAL IMPACT
t40/ -
None. The Legal Department has prepared an Assignment Agreement,
attached.
ALTERNATIVES
None.
RECOMMENDATION
It is recommended that the City Council approve assignment of the
contract for removal and disposal of lime residue from BioGro to
Synagro.
/ 1,
Re ctfully submitt .
62 ' alL)L--
Jo e A. Parker
City Manager
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I ``0 of e4c 1 iiii f Q ti Agenda Item No.
City of Elgin g
tillK
February 5, 1997
TO: Mayor and Members of the City Council
FROM: Robert O. Malm, Interim 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 in
awarding three successive one-year contracts to Wheelabrator
r 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 reac-
tions . The material, consisting mostly of calcium carbonate,
is pumped to the storage lagoons near South McLean Boulevard
and Bypass Route 20 . The storage lagoons are almost at
capacity and, therefore, continual removal and disposal of
some of the material is necessary. Water Department staff
requested proposals for this work since the former contract
with Browning-Ferris Industries expired on December 31,
1996 . The request for proposals included several options for
disposal of the lime residue to allow for the evaluation of
different methods . Four firms submitted proposals; two
addressed landfilling the material and three land applica-
tion. A tabulation of the proposals is attached.
Water Department staff evaluated and ranked the proposals
according to several categories including feasibility, clari-
ty, experience, available equipment, familiarity with local
areas and conditions, and total cost. A summary of the
evaluations is attached. The proposal from Wheelabrator was
ranked first in all categories . Its cost for the second and
third years is also lowest. Wheelabrator has a facility in
South Elgin and also received a good recommendation from the
Fox River Water Reclamation District staff, who recently
awarded the company a five-year contract.
CITY OF ELGIN WATER DEPARTMENT
Bid Tabulation Sheet For Lime Residue Removal
January 1997
Contractor Bio Gro A&J Cartage T&W Edmier Enterprise Env.
Disposal Method Land Application Land Application Land Fill Land Application
Year One Price $46.50 $59.50 $66.25 $57.85
Year Two Price $47.90 $59.50 $69.75 $62.75
Year Three Price $49.33 $59.50 $73.25 $65.75
The Prices are based on $/Dry Ton
r
CITY OF ELGIN WATER DEPARTMENT
Tabulation of Evaluation
Proposals for Lime Residue Removal
.. . . . ._.... .. ..... .. . ...........
Evaluator Total Points Awarded
Bio Gro A&J Cartage Environmental T & W Edmier
Engineering
Peter L. Bityou 1775 1515 1385 1270
Kurt Eshelman 2155 1815 1965 1845•
Paul Miller 2115 1700 1250 815
Maximum Possible Points 2175
•
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\0 OF ft_
L . /l
o .. r Agenda Item No.•
, „ ail,,.
City of Elgin
n 1,,,,,tk.;
r
February 5, 1997
TO: Mayor and Members of the City Council
FROM: Robert 0. Malm, Interim 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 in
awarding three successive one-year contracts to Wheelabrator
Water Technologies, Inc. , BioGro Division, for the removal
rk 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 reac-
tions . The material, consisting mostly of calcium carbonate,
is pumped to the storage lagoons near South McLean Boulevard
and Bypass Route 20 . The storage lagoons are almost at
capacity and, therefore, continual removal and disposal of
some of the material is necessary. Water Department staff
requested proposals for this work since the former contract
with Browning-Ferris Industries expired on December 31,
1996 . The request for proposals included several options for
disposal of the lime residue to allow for the evaluation of
different methods . Four firms submitted proposals; two
addressed landfilling the material and three land applica-
tion. A tabulation of the proposals is attached.
Water Department staff evaluated and ranked the proposals
according to several categories including feasibility, clari-
ty, experience, available equipment, familiarity with local
areas and conditions, and total cost. A summary of the
evaluations is attached. The proposal from Wheelabrator was
ranked first in all categories . Its cost for the second and
third years is also lowest. Wheelabrator has a facility in
South Elgin and also received a good recommendation from the
Fox River Water Reclamation District staff, who recently
awarded the company a five-year contract.
k
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None.
FINANCIAL IMPACT
The contract with Wheelabrator totals $697 ,500 for 1997 .
The Water Department' s budget for 1997 contains $760,000
under appropriation #401-4002-771 .45-99 , Other Miscellaneous
Services, for the first year' s contract. The second and
third years of the contract will be included as part of the
budget process in those respective years but are accommodated
within the adopted Five-Year Financial Plan.
LEGAL IMPACT
None.
ALTERNATIVES
The option of landfilling the lime residue was shown to be
more costly than land application, as indicated in the con-
tractor' s 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.
RECOMMENDATION
It is recommended that the City Council approve the award of
a contract to Wheelabrator Technologies, Inc . , BioGro Divi-
sion, for the removal and disposal of a minimum of 15, 000 dry
tons of lime residue at a cost of $46 .50 per dry ton.
Respectfully submitted,
` Il
Ldcr E . Deibert
D' - • of Water Department
�C 62Z `vs ----
Robe t 0. Malm
Interim City Manager
ROM:LED:PTM: jm 01140117 .497
Attachment