HomeMy WebLinkAbout23-88 Resolution No. 23-88
RESOLUTION
AUTHORIZING EXECUTION OF A FIRST EXTENSION OF PURCHASE AGREEMENT
WITH STEWART SPREADING, INC. FOR THE REMOVAL AND DISPOSAL OF WATER
TREATMENT LIME RESIDUALS
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 a First Extension of Purchase Agreement on behalf of
the City of Elgin with Stewart Spreading, Inc., for the removal and disposal of water treatment
lime residuals, a copy of which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: April 26, 2023
Adopted: April 26, 2023
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
FIRST EXTENSION OF
PURCHASE AGREEMENT
THIS FIRST EXTENSION OF PURCHASE AGREEMENT(hereinafter referred to as the
"Extension Agreement" is hereby made and entered into this 2b&day of April ,
2023, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to
as the "City"), and Stewart Spreading, Inc., an Illinois corporation (hereinafter referred to as
"Contractor").
WHEREAS, the City and Contractor hereto have previously entered into an agreement
dated October 27, 2021 (hereinafter referred to as "Original Agreement"), wherein the City
engaged the Contractor to remove time residue from lagoons located at the South McLean site and
lagoons located at the Airlite Water Treatment Plant(hereinafter referred to as the"ProjecYj;and
WHEREAS,the term of the Original Agreement terminated on December 31,2022
WHEREAS, the Original Agreement further provides that the parties may agree to enter
into subsequent one-year extension agreements under the same terms and conditions as provided
for in the Original Agreement, subject to an annual price adjustment based upon the Consumer
Price Index(CPI)published on January 1 of each year;and
WHEREAS, the Original Agreement provided for a maximum payment by the City of
$4,130,000 for all work performed through December 31,2022;and
WHEREAS,the parties hereto have determined and agree that the total maximum payment
for the work performed and services described in this First Extension Agreement shall be in an
amount of$2,239,320; and
WHEREAS,the parties have determined it to be in their mutual best interests to extend the
term of the Original Agreement for an additional one-year tern upon the same terms and
conditions of the Original Agreement, subject to the additional services and price adjustment
provided for herein;and
WHEREAS, the changes provided to the Original Agreement in this First Extension of
Purchase Agreement are germane to the Original Agreement as signed and this First Extension of
Purchase Agreement is in the best interest of the City and authorized by law.
NOW,THEREFORE,for and in consideration of the mutual undertakings provided herein,
and other good and valuable consideration,the receipt and sufficiency of which is hereby mutually
acknowledged,the parties hereto agree as follows:
1. The above recitals are incorporated into and made part of this First Extension
Agreement as if fully recited herein.
2. The parties agree to extend the term of the Original Agreement for an additional
one-year term, which shall be deemed to have commenced on January 1, 2023, and which shall
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terminate on December 31, 2023, under the same terms of the Original Agreement except as
expressly provided for in this First Extension Agreement.
3. Attachment A of the Original Agreement, under the heading"Stewart Spreading,
Inc. will be responsible for:," is hereby amended by adding a new provision thereto, to read as
follows:
"Stewart Spreading,Inc.,shall provide certain additional services to include:
a. If there is need,removal of lime residual from the decant ponds and will
maintain the decant ponds located at the McLean Lagoons site, up to
$40,000 per year for time and materials;
b. Approved lagoon site maintenance and/or lagoon improvements shall
be provided on a time and materials basis"
4. Attachment A of the Original Agreement, under the heading "Contract Rates," is
hereby amended by adding a new provision thereto to read as follows:
"Anything to the contrary in this Agreement or Attachment A thereto
notwithstanding, the total amount that the City shall pay Stewart Spreading, Inc.,
for any work performed during the term of the First Extension Agreement, said
term being January 1, 2023 to December 31, 2023, shall not exceeded the total
amount of$2,239,320. The detailed basis of the fee schedule associated with the
work performed under the First Extension Agreement shall be as follows:
• Airlite—Water Treatment Plant$0.0731 per gallon transferred from the Airlite
lagoons to the McLean lagoons.
• McLean Lagoons - $89.907 per Dry Ton for Lime removed and land applied
from South McLean Boulevard Lagoons and the McLean temporary storage
lagoon for Airlite Lime.
• McLean Lagoons - $143.427 per Dry Ton for Lime removed and landfilled
from the South McLean Boulevard Lagoons and the McLean temporary storage
lagoon for Airlite Lime."
S. That except as amended by this First Extension Agreement the Original Agreement
shall remain in full force and effect.
6. That in the event of any conflict between the terms of the Original Agreement and
the provisions in this First Extension Agreement,the provisions of this First Extension Agreement
shall control.
7. This First Extension Agreement may be executed in counterparts, each of which
shall be an original and all of which shall constitute one and the same agreement. For the purposes
of executing this First Extension Agreement, any signed copy of this First Extension Agreement
transmitted by fax machine or e-mail shall be treated in all manners and respects as an original
document. The signature of any party on a copy of this First Extension Agreement transmitted by
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fax machine or e-mail shall be considered for these purposes as an original signature and shall
have the same legal effect as an original signature. Any such faxed or e-mailed copy of this First
Extension Agreement shall be considered to have the same binding legal effect as an original
document. At the request of either party any fax or e-mail copy of this First Extension Agreement
shall be re-executed by the parties in an original form. No party to this First Extension Agreement
shall raise the use of fax machine or e-mail as a defense to this First Extension Agreement and
shall forever waive such defense.
IN WITNESS WHEREOF, the undersigned have entered into and executed this First
Extension Agreement as of the date and year first written above.
CITY OF ELGIN S WART SPREADING, INC. ,
City Manager Its President&Secretary)
Attest: Attest:
r
City Cle Greg Halmagyi, Business Development Mgr.
Legal DepdAgreementlStewart Spreading Extension Agr-Lime Removal-3-20-23.docx
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