00-28 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
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