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Home My WebLink AboutOrdinance 6550113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6550 File Number: 2022-0266 WASTE MANAGEMENT: AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE THE HAULING OF BIOSOLIDS TO WASTE MANAGEMENT AT ANY OF THEIR ASSOCIATED LANDFILL SITES IN VARIOUS AMOUNTS AS NEEDED THROUGH THE END OF 2027 WHEREAS, in December 2021, the biosolids thermal dryer suffered a catastrophic failure and partially solar dried solids must be taken to the landfill for disposal; and WHEREAS, CH2M Hill is charging the costs of hauling and disposing the biosolids to the City through the annual operations and maintenance contract which includes a 10% markup over the tipping fees charged by the landfills; and WHEREAS, landfills operated by Waste Management are the only locations that can accept municipal sludge for disposal and the City is in the process of negotiating a rate with Waste Management for this service; and WHEREAS, the City will realize cost savings earlier if a bid waiver is in place so the billing arrangement can be changed once a rate has been set. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby finds the above circumstances make competitive bidding not feasible or practical and therefore waives the requirements of formal competitive bidding and authorizes the hauling of biosolids to available Waste Management landfill sites in various amounts as needed through the end of 2027, and further authorizes Page 1 Printed on 416122 Ordinance: 6550 File Number. 2022-0266 Mayor Jordan to execute any contracts with Waste Management necessary to arrange these services once a final rate is negotiated. PASSED and APPROVED on 4/5/2022 1��srrrr+ Attest: �� - +►�, _ ;x1 FAYFi i FL'ILLE : = Kara Paxton, City Clerk Treasurev Page 2 Printed on 416122 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0266 Agenda Date: 4/5/2022 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Ordinance Agenda Number: D.5 WASTE MANAGEMENT: AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE THE HAULING OF BIOSOLIDS TO WASTE MANAGEMENT AT ANY OF THEIR ASSOCIATED LANDFILL SITES IN VARIOUS AMOUNTS AS NEEDED THROUGH THE END OF 2027 WHEREAS, in December 2021, the biosolids thermal dryer suffered a catastrophic failure and partially solar dried solids must be taken to the landfill for disposal; and WHEREAS, CH2M Hill is charging the costs of hauling and disposing the biosolids to the City through the annual operations and maintenance contract which includes a 10% markup over the tipping fees charged by the landfills; and WHEREAS, landfills operated by Waste Management are the only locations that can accept municipal sludge for disposal and the City is in the process of negotiating a rate with Waste Management for this service; and WHEREAS, the City will realize cost savings earlier if a bid waiver is in place so the billing arrangement can be changed once a rate has been set. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby finds the above circumstances make competitive bidding not feasible or practical and therefore waives the requirements of formal competitive bidding and authorizes the hauling of biosolids to available Waste Management landfill sites in various amounts as needed through the end of 2027, and further authorizes Mayor Jordan to execute any contracts with Waste Management necessary to arrange these services once a final rate is negotiated. City of Fayetteville, Arkansas Page 1 Printed on 41612022 City of Fayetteville Staff Review Form 2022-0266 Legistar File ID 4/5/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Tim Nyander 3/18/2022 WASTEWATER TREATMENT (730) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends the approval of a bid waiver to waive competitive bidding to take biosolids to Waste Management, to include any of their associated landfill sites. Budget Impact: N/A N/A Account Number N/A Project Number Budgeted Item? No Current Budget Funds Obligated Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? No Budget Adjustment Remaining Budget Purchase Order Number: Change Order Number: Original Contract Number: Comments: Fund N/A Project Title $ - Previous Ordinance or Resolution # Approval Date: V20210527 CITY OF FAYETTEVILLE 94ff ARKANSAS TO: Mayor Lioneld Jordan THRU: Susan Norton, Chief of Staff FROM: Tim Nyander, Utilities Director DATE: March 18, 2022 STAFF MEMO SUBJECT: Bid Waiver to Waive Formal Competitive Bidding to Take Biosolids to Waste Management Landfills RECOMMENDATION: Staff recommends the approval of a bid waiver to waive competitive bidding to take biosolids to Waste Management, to include any of their associated landfill sites. BACKGROUND: In December 2021, the biosolids thermal dryer suffered a catastrophic failure, and while a drying solution is put into place, partially solar dried solids must be taken to the landfill for disposal. Currently, CH2M Hill is processing landfill tipping fees through the annual O&M contract. That process includes a contractual 10% markup to the contractor above the tipping fees. During normal operations, biosolids are hauled to the landfill only on the occasion when the dryer is down for preventative maintenance. The recent failure of the dryer has caused 100% of the partially -dried solids going to the landfill until a drying solution is up and running. DISCUSSION: There are no other locations to take municipal sludge. The City is currently negotiating a rate with Waste Management, and that process is not yet complete. A cost savings would be realized sooner if we get a bid waiver in place early so billing can be switched over to the City as soon as an agreement is finalized. The City Council recently allocated the funds in February to pay for the landfill tipping fees while a drying solution is put into place. BUDGET/STAFF IMPACT: There will be a deduction in the total cost of landfill tipping fees with this Bid Waiver. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CityClerk From: Norton, Susan Sent: Monday, March 21, 2022 9:25 AM To: CityClerk Cc: Nyander, Tim Subject: Fwd: Legistar Item Declined Categories: FYI Dear City Clerk, please accept this email as my request to push this item forward. Thank you. Susan Sent from my iPhone Begin forwarded message: From: "Norton, Susan" <snorton@fayetteville-ar.gov> Date: March 21, 2022 at 9:23:49 AM CDT To: "Nyander, Tim" <tnyander@fayetteville-ar.gov> Subject: Re: Legistar Item Declined Yes. I will send to ask them to push it on. Sent from my iPhone On Mar 21, 2022, at 9:21 AM, Nyander, Tim <tnyander@fayetteville-ar.gov> wrote: Susan, We had a legistar item disapproved by the City Clerk for failure to meet the Friday at 4 PM deadline. See below. I do understand that the items are supposed to be approved by everyone by 4 o'clock, and this one is on me. (I usually try to get everything in by Thursday) Andrea had written me an email around noon on Friday asking if I could get this bid waiver in allowing us to wave bidding so we can continue to haul partially dried solids to Waste Management landfills. She wanted to get it on the April 51h Council meeting Agenda. I did not open the email until about 3:45 PM on Friday. It is important to be able to continue to haul solids while the dryer is down. We have not had to stop because of the absence of this bid waiver, but if purchasing needs it I think it must be very important, and we might get stopped. Please let me know if you think this is a fair enough reason for you to put your override stamp on it. Thanks. Tim 1 Disapproved per Mayor signed and approved policy CC-01. The deadline for all Staff Agenda items to be entered in Legistar, reviewed, approved, and resolutions and ordinances written is Friday by 4:00 p.m. two weeks prior to the City Council meeting. A City Council calendar is prepared by City Clerk staff four months prior to the beginning of the year. https://ar-favetteviIleintranet.civicpIus.com/DocumentCenter/View/149/CC-01--- Submission-of-Agenda-Items-PDF?bidId= Thank you,