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Home My WebLink About19-41 Resolution No. 19-41 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 3 WITH BENEFICIAL REUSE MANAGEMENT, LLC FOR WATER TREATMENT LIME RESIDUE REMOVAL AND DISPOSAL BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute Amendment Agreement No. 3 on behalf of the City of Elgin with Beneficial Reuse Management, LLC for water treatment lime residue removal and disposal, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: March 20, 2019 Adopted: March 20, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AMENDMENT AGREEMENT NO. 3 THIS AMENDMENT AGREEMENT NO. 3 is hereby made and entered into this 20th day of March , 2019,by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as the"City"), and Beneficial Reuse Management, LLC, an Illinois limited liability company(hereinafter referred to as "Contractor"). WHEREAS, the City and Contractor hereto have previously entered into an agreement dated January 28, 2015 (the "Original Agreement"), wherein the City engaged the Contractor to remove lime residue from lagoons located at the South McLean site and lagoons located at the Airlite Water Treatment Plant (hereinafter referred to as"Original Agreement"and the"Project"); and WHEREAS,the Original Agreement provided for a term of one(1)year through December 31, 2015, with the City having the option, at its sole discretion, of four (4) one-year extensions; and WHEREAS, the City exercised its option for the first one-year extension pursuant to Amendment Agreement No. 1 which extended the term of the agreement from January 1, 2016 through December 31, 2016; and WHEREAS, the City and the Contractor entered into Amendment Agreement No. 2 dated April 12, 2017, wherein the Contractor reduced the price of$56.00 per dry ton to $54.00 per dry ton in exchange for the City agreeing to extend the term of the agreement through December 31, 2022; and WHEREAS, in 2018 the Contractor performed lime residue removals in excess of the not- to-exceed total annual sum for 2018, such excess amount being in the amount of$31,854.60; and WHEREAS, the City and the Contractor desire to enter into an Amendment Agreement No. 3 to provide for the additional lime residual removal cost for 2018, and to reduce the annual residuals removal amounts for 2020, 2021 and 2022 as provided herein; and WHEREAS,the changes contemplated by this Amendment Agreement No. 3 are germane to the Original Agreement as signed; and this Amendment Agreement No. 3 is in the best interest of the City and is authorized by law. NOW, THEREFORE, for and in consideration of the mutual undertakings as provided herein, and other good and valuable consideration, the sufficiency of which is hereby mutually acknowledge, the parties hereto agree as follows: 1. The above recitals are incorporated into and made a part of this agreement as if fully recited hereby. 2. Article III of the Original Agreement, as previously amended, is hereby further amended by replacing the entire section of this Article with the following: "Article III. TIME OF PERFORMANCE. The CONTRACTOR shall provide the goods or services upon receipt of purchase order; and the CITY shall pay the CONTRACTOR from January 1,2015 through December 31,2016,$56.00 per dry ton, and from January 1, 2017 through December 31, 2022, $54.00 per dry ton, properly dewater, remove, load, haul and dispose of residuals from the South McLean and Airlite Sludge Lagoons up to and not-to-exceed total annual sum of 1,960,000 for 2015 and 2016, 1,890,000 for 2017, 1,921,854.60 for 2018,up to and not-to-exceed total annual sum of 1,858,154.4 for 2019 and up to and not-to-exceed total annual sum of$1,512,000 for 2020 through 2022." 3. That except as amended in this Amendment Agreement No. 3, and as previously amended pursuant to Amendment Agreement No. 2 and Amendment Agreement No. 1, the Original Agreement shall remain in full force and effect. 4. That in the event of any conflict between the terms of the Original Agreement, Amendment Agreement No. 1, Amendment Agreement No. 2 and the provisions in this Amendment Agreement No. 3 the provisions of this Amendment Agreement No. 3 shall control. IN WITNESS WHEREOF, the undersigned have entered into and executed this Amendment Agreement as of the date and year first written above. CITY OF ELGIN CONTRACTOR BY: Agri. 4/'_d ''BY%// /P2:4' City Manager Attest: Attest: 441'4(4 Ln11\-(1% tip, City erk F:\Legal Dept\Agreement\Beneficial Reuse Management-Amend#3-redlined-I-29-1 9.docx -2 - s AMENDMENT AGREEMENT NO. 3 THIS AMENDMENT AGREEMENT NO. 3 is hereby made and entered into this 20th day of March , 2019, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as the"City"),and Beneficial Reuse Management,LLC, an Illinois limited liability company(hereinafter referred to as "Contractor"). WHEREAS, the City and Contractor hereto have previously entered into an agreement dated January 28, 2015 (the "Original Agreement"), wherein the City engaged the Contractor to remove lime residue from lagoons located at the South McLean site and lagoons located at the Airlite Water Treatment Plant (hereinafter referred to as"Original Agreement"and the"Project"); and WHEREAS,the Original Agreement provided for a term of one(1)year through December 31, 2015, with the City having the option, at its sole discretion, of four (4) one-year extensions; and WHEREAS, the City exercised its option for the first one-year extension pursuant to Amendment Agreement No. 1 which extended the term of the agreement from January 1, 2016 through December 31, 2016; and WHEREAS, the City and the Contractor entered into Amendment Agreement No. 2 dated April 12, 2017, wherein the Contractor reduced the price of$56.00 per dry ton to $54.00 per dry ton in exchange for the City agreeing to extend the term of the agreement through December 31, 2022; and WHEREAS, in 2018 the Contractor performed lime residue removals in excess of the not- to-exceed total annual sum for 2018, such excess amount being in the amount of$31,854.60; and WHEREAS, the City and the Contractor desire to enter into an Amendment Agreement No. 3 to provide for the additional lime residual removal cost for 2018, and to reduce the annual residuals removal amounts for 2020, 2021 and 2022 as provided herein; and WHEREAS,the changes contemplated by this Amendment Agreement No. 3 are germane to the Original Agreement as signed; and this Amendment Agreement No. 3 is in the best interest of the City and is authorized by law. NOW, THEREFORE, for and in consideration of the mutual undertakings as provided herein, and other good and valuable consideration, the sufficiency of which is hereby mutually acknowledge, the parties hereto agree as follows: 1. The above recitals are incorporated into and made a part of this agreement as if fully recited hereby. 2. Article III of the Original Agreement, as previously amended, is hereby further amended by replacing the entire section of this Article with the following: "Article III. TIME OF PERFORMANCE. The CONTRACTOR shall provide the goods or services upon receipt of purchase order; and the CITY shall pay the S CONTRACTOR from January 1,2015 through December 31,2016,$56.00 per dry ton, and from January 1, 2017 through December 31, 2022, $54.00 per dry ton, properly dewater, remove, load, haul and dispose of residuals from the South McLean and Airlite Sludge Lagoons up to and not-to-exceed total annual sum of 1,960,000 for 2015 and 2016, 1,890,000 for 2017, 1,921,854.60 for 2018,up to and not-to-exceed total annual sum of 1,858,154.4 for 2019 and up to and not-to-exceed total annual sum of$1,512,000 for 2020 through 2022." 3. That except as amended in this Amendment Agreement No. 3, and as previously amended pursuant to Amendment Agreement No. 2 and Amendment Agreement No. 1, the Original Agreement shall remain in full force and effect. 4. That in the event of any conflict between the terms of the Original Agreement, Amendment Agreement No. 1, Amendment Agreement No. 2 and the provisions in this Amendment Agreement No. 3 the provisions of this Amendment Agreement No. 3 shall control. IN WITNESS WHEREOF, the undersigned have entered into and executed this Amendment Agreement as of the date and year first written above. CITY OF ELGIN CONTRACTOR By: // . % / By: "/ City Manager � Attest: Attest: tg/a1A4te n 'Orf671 City Clerk F:\Legal Dept\Agreement\Beneficial Reuse Management-Amend#3-redlined-1-29-19.docx -2 -