HomeMy WebLinkAbout2005 Resolution No. 042•
•
•
RESOLUT ION NO . t./-).....
SERIES OF 2005
CONTRACT NO,
l '/-:J..DOS°
A RESOLUTION AWARD ING A NEGOTIATED CONTRACT FOR AN AMENDMENT TO
THE ACMS GRANULAR ACTIVATED CARBON LEASE AGREEMENT FOR PURCHASE
INSTEAD OF THE COMP ET ITIVE B[D PROCESS UNDER SECTION I 16 (b) OF THE
HOME RULE CHARTER AND SECTION 4-1-3 OF THE ENG ... EWOOD Ml/!':ICIPAL CODE
2000 .
WHEREAS, seasona l alg ae events in the Allen Water Treatment Plant 's raw water supp lie s
lead to complaints of musty tastes and odors from Englewood customers; and
WHEREAS, granular activa ted carbon removes the organic materia l which causes the taste
nnrl odor problems ; and
WHEREAS 1 carbon filters have been used successfully fo r effccti 4! tas te and odor removal;
and
WHEREAS, the granular activated ca rbon removes the organic material which causes the taste
and odor problems ; an d
WHEREAS, the granular uctivated charcoal is leased since carbon requires periodic
regene ration and pos sibly correct disposal according ro Co lorado law; and
WHEREAS , the A :MS GAC Lease Agreement w"" signed in 1998 ; and
WHEREAS, the ACMS GAC Lease Agreement provides carbon for five filters , each requiring
2,700 cuhic feet ofGAC; and
WHEREAS , the ACMS GAC Lease Agreement also provides for labor and equipment for the
remova l, regeneration and installation into the filters along with GAC tes ting every six months;
and
WHEREAS, the existi ng ACMS Lease Agrrcment wi ll expire sho nly and the panics wish to
amend the Lease Agreement to provide for the increased costs for reactivation of the carbon , and
WHEREAS , the Ame ndm ent to the original Agreement wi ll be for one year and may be
•enewed by the City of Englewood Utilit ies Director for six years ; and
WHEREAS, American Water Resources , Inc. is the sole source suppli er of the Granu lar
Activated Carbon and the se rvices needed to provide and repl ace the ca rbon for the filter s at the
Allen Water Treatment Plant ; and
WHEREAS, Section I 16 (b) of the Englewood Home Rule Chane r and Section 4-1-3-1 ,
Englewood Municipal Code 2000, allow co ntrac ts for public works or improvements to be
negotiated , provided th at contracts for whi ::h no competi ti ve bids have been requested have been
approved by resolution which sha ll declare the reason for exception to th e competitive bidding
requirement;
NOW , THEREFORE , BE IT RESOLVED BY THE CITY COUNC IL OF THE LJTY OF
ENGLEWOOD , COLORADO, THAT :
Section I. The Englewood Utilitie s Department is hereb}' aut horized to negotiate an
ar.1cnJmcnt to the Lease Agreement for the All en Water Treatment Plant fi ve carbon fi lters and
periodi c n.·generntion and correct di spo sa l as we ll as labor and equipment for the remova l,
regeneration and installation into th e filters along with Granular Activated Carbon te st ing every
six mont hs with Americ2.n Water Re so urces , Inc . in th e amount of SI ,950 per month , per filter for
five filters , in li eu of the co mpetitive bid process as allowed by Section 116 (b) of the Englewood
Home Ruic Charter and Section 4-1-3 -1, Englewood Municipa l Code 2000 . Allac hed hereto as
Exhibit A.
Section 2. The Mayor is hereby authorized lo enter into an Amendmen t to the 1998 GAC
Lease Agreement -for the All en Water Treatment Plant.
Section 3. This agreement sha ll be for one year and, subject to appropriation by the City, and
may be renewed by the Englewood Uti lities Director for six one-year term s.
ADOPTED AND APPROVED this 22"" day of February, 2005 .
I, Loucrishia A. Ellis, City Cle~ City of Engle
above is a true copy of Resolution No. cries of 2005.
•
•
•
•
•
•
GACLEASEAGREEMENT
This LEASE AGREEMENT Is made and entered loco Chis ___ day of ____ 2005
by and between American Wacer Resources, Inc., a Virginia corporation, having its pri,lclpal
office in Voorhees, New Jeney, (hereinafter "AWR") and tbe City of&glowood, Colorado,
(hereinafter "the City").
WITNBSSETH
WHEREAs, A WR i5 a supplier of Granular Activaled Camon (hereinafter ("GAC") to the
potable WIiier induatry; and .
WHEREAS, the City has a need for OAC at Its Allon Water Treatment Pl.ant (herolnafter the
"Water Plant"); and
WHEREAS the City desh"l'.s to enter into this Agreement with A WR to provide GAC to che City
. for use at che Water Plant;
NOW, TIIEREFORE, for and in consideration of the mucual promises contained in this
Aereem,cn~ the parties hereby lllfCC as follows:
A . §!!J'.lga
I . A WR will provide GAC inceting the specifications as shown in Exhibit I, which, is
attached to and made part of this ,¼n,cmont, for five rtlters, each requiring 2,700 cubic
feet of GAC beginning March I, 2005 .
2. A WR will provide supervision , adequate labor and all equipment for the installatloo of
the OAC into the filters on a schedule agreed to by the patties. The City will provide all
necessary water, electricity, and suitable di ainage to accomplish the insl3lLuioo of the
GAC into the filters.
3. A WR will test all GAC supplied under this Apcemeot every six (6) months, provided Ibo
City submits the aamplea for testing. Such tests shall include Iodino Number, Appmnt
Density, A&h, Sczeea Analysis, Eft'ective Size and Uniformity Cocfficic.ot. The City may
request additional tests and shall pay A WR $500icst for all such testing. The payment to
A WR shall be due and payable thirty (30) days aftc:r the test results are reported to the
City.
4. The City acknowledges that A WR bas title to and is the owner of all GAC suppllt,d by
B.
A WR under this Agreement. Tbe City may not n:move tho GAC from tbc fllmrs or cause
the GAC to be removed from the filters except for emergency 111.lintenance.
ComkkrJ&n
The City shall pay A WR for the services provided hereunder, a monthly rental fee of One
thousand Nino Hundred end F'uy Dalian ($1 ,950) per filter, beginning oo the Mt day of the
monlb following installation of the GAC into each filter end continllllli for eleven (II) months
thereafter. All such payments shall be due on the Mt day of each month. Any payracnt Iha! ls
over thirty (30) days past due shall be subject to a late payment fee of one and one half (I.,%)
pel'Ceol per month. Tbc monthly rent al fee shall be dlle for the useful life of the teaetivaled
GAC .
2
•
•
•
• C. Ism
I. The Term of this Agreement shall begin on Mm:h I, 2005 u,d shall continue twelve (12)
monlhs thereafter. The City intends to eX1end this "'1'cemmt beyond the twelve ( 12)
month period if monies are appropriated. In such event the City shall renew the
Apcement for six (6) one-year terms .
2. This Agreement is • succeuor Agreement to the 1998 Agreement for virgin OAC per
paragnph C.2 of that Apemeat memorializing the panics intent to put in place a new
Agreement with &imllar tmns and cODditions. Under this new l\gleement. A WR will
supply I blend of "Cuslom Reactivlled"/virgin OAC to !ht City for use It the \'I,' ...
Plant. The montbly payments to A WR by the City under this Apecn,e.at wW be
increased from $1,850/filterpcr month to $1 ,950/fllter per month.
• D. 1)nalgatiog
•
Upon termination of this Agreement, the City may miuest the removal of all OAC ll any lime
thereaflcr. A WR will remove all GAC within thirty (30) days of such notice. mmsport the &pent
OAC to A WR's reactivation plant and reactivate all sptnt GAC, at its sole cost and C.-q,en&C, and
shall provide the City with TO.I' test results before and after reactivation in uccordance with in
all applicable regulations.
E. FplJ!!MaJtwt
Either pany hereto shall be excused to tbc CJttent that its performance is pn,vcnted by any
cu=stancc beyond its n,asonable control, including, but not limited to, we, explosion, strike,
labor dispute, war, act of God, riot, or action of any governmental authority .
F. Cgjprado law to Govern
'lbis Agreement shall be eovcmcd by and construed In accordance with tbe laws of the state of
Colorado, without giving effect to conftict of law principles.
G. ~
All notices requin:d under 11'is Ag,:eemcot shall be given by Certified Mall, Rctum
Receipt Requested, and shall be ~ made when deposited in the US mall, properly
addreued, with~ prepaid, as followa :
Ammcan Wlkr Resourceo, !Qe.
439 Sandy Drive
Olenshaw, l'eall8ylvanla 1Sll6
Allmltlon: Mr. James Fisher
City of Ba&Jewaw
Utilltle6 Department
1000 &s)ewood Parkway
Englewood, Colorado 80110
R.. M!ereJlftDfflll
1. This A:recment sball DO! i,;; oill,..oned by either party witbaat the written conseot of !be
other party, which COIIICnl shall DOl be llllfl!UOll8bly withheld. Any assignee aball
assume all the obligations of this Agreement and tbe assi1Dor shall not be relicv,,d of its
obligations under this Agree.meot by xeason of such assignment
2. This AgRement conllirures the ent!n, •arcemcnt between the parties in conncclioo with
the supply of OAC 10 be provided for use in !be filters designmd herein.
3. Any waiver by either party of any provisioo or condition of this A,reement shall not be
construed or deemed to be a waiver of any other provision or condition of this Agreement
4
•
•
•
•
•
•
nor a waiver of a subsequcnl breach of the same provision or coi,dlli011, uoless such
waiver be so cxpieased in writing &nd 5isned by the party 10 be boUlld
4. If any provision contained herein is held lo be unenforceable by a court of law or equity,
this Agffle,nen1 shall be con.mucd as If such provuloo wa.s oot conlaioe(I herein aod the
1Ulelll'orcelbl of such provision shall 001 be held lo render any other provision of this
Aar=mcnt unenforceable.
S. AWR bud,y agrcca to indemnify and save lwmless the City apinst any and all liability,
loss or dllDlp which the City may Incur, suffer or be ,eqnlted to pay by rca1011 io
cormecdon with the ICII of cransporwion, handlioJ, treatment, storage, rcactivalioa.
diJposal or Olbcr activity ID conaectlon with Ille OAC wblch Is tbe subject bmeof,
provided such liability, loas or .tamase's no! caused by the netlls-=e or inl&lllollal acu
oftbe City,
IN Wrl'NESS WHEREOF, tbe parties have ca,•sed Ibis Apeeme:it lo be cxeculed by
their duly authorized rcpreseatali-.
CITY OF ENGLBWOOD INC.
BY:~-----------
Title: _________ _
Date:
s
AMERICAN WATER RESOURCES, INC.
By:-\.----., -2 --William B. Else1maat
Title: Yicc Pzmidnnt M4 Anidert Scqmry
Date: February IS , 200S
ll)OOT
lOOflBI[.l •
VlRGIN GAC QUALITY CONTROL SPECIFICAITONS
I. IODINE NUMBER (Miu .) 900
2. MOISTURE , wt % (Max.) 2
3. ABRASION NUMBER (Min.) 75
4. EFFECTIVE SIZE, mm 1.0 -1.2
5. UNIFORMITY COEFFICIENT (Max.) l.S
6. smVE SIZE, us SIEVE SERIES. wt%
LARGER TilAN NO 8 (Max.) 5
SMALI..ER THAN NO 20 (Max.) 4
7. ASH. wt % (Max.) 9
8. WATER SOLUBLB ASH, wt% 0.5
9. MAX . WATER EXTRACTABLB PHOSPHATE wt% 1.5 •
10. BULK. DENSITY, lbslcu. fl. 28
11. BACKWASH EXPANSION
MIN. @ 16 gpm/sq. ft. 70F 23%
MIN.@ 18 gpm/sq, ft. 60F 38%
•
•
•
•
WARRANTY
A WR warrants that the OAC fumisl.ed under this Aglecment shall perfonn the function of
effective turbidity removal. For the purposes of wamuuy, effective turbidity removal shall be
defined as that degree of tmbidity removal presently accomplished by the City In its normal filter
treatment proceJs . The filters will, during the norm,'. plant operation, receive settled water with
a turbidity less than or equal to 2.0 NTU and prod1;,cc a filtered water quality less than 0.1 NTU.
Filter ruo volume.• wh6D terminated for headless or turbidity brealdhrough will be greater than
10,000 gallons/squan, foot of filter surface area. The waminty is contingent °" the following:
A Filb>I$ will be maintained in ~ood operating condition by the City and will be
operated In accordance with accqxed industry practice.
B GAC bed deplb will be mainwned as close to the lnltial thlny-slx (36) web bed
deplh as possible during the wllffllDty period. with the exception of an allowable
attrition loss ofup to two iucbes of bed depth per filter per year. If the losses
should ex=d two inches of bed depth in any filter during any one year of
operation. the excess OAC loss will be immediately replaced with GAC meclini
the specifications in EXHIBIT I of this Agreement. For any reason odier than the
sole negligence of A WR. all labor, transportation and other expense involved In
C
. replacing the GAC will be paid by the City .
Normal lleallDCnt of the waler prior to the OAC filters will continue to be
practiced. This includes suir.ble coagulation and cwification of the raw water
and siabilizadon of the clarified water before filtration .
D Sh oul d the GAC fall to meet the wamnty due to encrustation by inorganic
precipitates such as calcium carbonate, or due to excessive biological growth, this
shall not be a breach of the warranty. In such ease, the City shall bear the cost of
cleaning the GAC to restore performance in accordance with procedures
recommended by AWR.
E Should the GAC fail to meet the warranty and A WR bas not taken steps to resolve
the problem wilhin lhirty (30) days after nolification by the City of the breach cf
warranty, then the City may replace the defective OAC and seek recovery of all
costs including, but not limited to, materials, legal, eoaincerini and administrative
costs . The City must, when taking sucli action, return to A WR t11y and all OAC
removed.
EXCEPT AS SET FORTH IN TillS EXHIBIT 2, A WR MAKES NOW ARRANTY
EXPRESSED OR IMPLIED. INCLUDING TIIE WARRANTIES OF MERCHANTABn.rrY
OR Frrl'IESS FOR A PARTICULAR P-L'RPORSE, WITH RESFFCT TO TIIE GAC OR THE
SERVICES TO BE PROVIDED UNDER TIIIS AGREEMENT. A WR SHALL HA VE NO
LlABil..ITY FOR ANY INDIRECT, INCIDENT AL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF A BREACH OFTIUS W ARRA.NTY .
COUNCIL COMMUNICATION
Date : Agenda Item : Subjecl :
Februa ry 22, 2005 11 C i Amendment to Granul ar Ac ti vate d Ca rb on
Lease Ag ree ment
Initiated By: I Staff Source:
Util iti es Depart ment St ewart Fo nda, Direc tor of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council approved th e GAC (Gra nular Acti va ted Ca rb o n) lease Ag reemen t with America n
Commonwealth Management Services, In c. (ACMS) at th eir October 19, 1998 meeting.
RECOMMENDED ACTION
Th e Water an d Sewer Boa rJ , at th eir Fe bru ary 8, 200 5 mee tin g, re commended Counci l app rova l of
th e Amend me nt to th e GAC l eas e Agreem ent.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Seaso nal algae eve nts in th e All en Water Tr ea tm ent Pl ant's raw water suppli es lead to complaints of
musty taste s and odors fr o m Engl e,vood custom ers . Carbon filt ers have be en us ed successfully for
effec tive ta ste and odor remova l. Th e granu lar activa ted ca rb on removes th e o rganic material
w hi ch causes th e tas te and odor problems. The GAC is lea sed since ca rb on req uires peri odi c
regenerati on and poss ibl y correc t disposa l acc o rding to Colorado law. Th e ex isting ACMS Lease
Agr ee m ent is provid ing th ese servi ces, but w ill ex pire sho rt ly.
The ACMS GAC Lea se Agree ment, w hi ch bega n th e fo urtl. quarter of 199 8, prc,vides ca rb on fo r
fi ve filt ers, each requiring 2,700 rnbic fee t of GAC. Th e Lease Agree ment provi des fo r lab or and
equipment for th e removal, rege neration and installa ti on int o th e filters along w ith GAC tes ting
every six months . The new agree ment will be for 12 monthly pay ments and may be renewed by
th e Utiliti es Direc tor for six yea rs.
Due to in crease d cos t of fu el and in creas ed cos ts fo r reac tiva ti on of th e carbo n, th e pa rties wish to
amend th e lease ag ree ment to pro vid e for th e in,:rea sed ex pense s. Th e prop ose d in crease ove r th e
ex istin g cos t is fo r $100 per month fo r eac h rilt cr, making repl ace ment GAC for th e fi ve fil ters
$1 ,950 per month, per filt er. To tal 1•ea rl y co st w il' be $1 17,000. In th e origin al bid, Ca lgo n Carbon
Co rp o ration st1b mitted a bid th at was substantiall y hi gher th an ACMS.
FINANCIAL IMPA CT
The Lease Agree ment Am endm ent will be for $1,950 per month , p er filt er effec ti ve March 1, 2005
fo r a twe lve-mont :, period .
LIST OF ATTACHMENTS
Reso lution .
Amendm ent to th e GAC Lease Ag reement.
•