HomeMy WebLinkAbout24-80 Resolution No. 24-80
RESOLUTION
AUTHORIZING EXECUTION OF A SECOND 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 Second 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: March 6, 2024
Adopted: March 6, 2024
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
SECOND EXTENSION OF
PURCHASE AGREEMENT
THIS SECOND EXTENSION OF PURCHASE AGREEMENT(hereinafter referred to as
the "Second Extension Agreement") is hereby made and entered into this 6th day of
March , 2024, 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 lime residue from lagoons located at the South McLean site and
lagoons located at the Airlite Water Treatment Plant(hereinafter referred to as the"Project");and
WHEREAS,the term of the Original Agreement terminated on December 31,2022; and
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 entered into a First Extension of Purchase Agreement,dated April
26,2023,which extended the Original Agreement for a term commencing on January 1,2023,and
terminating on December 31,2023 (the"First Extension Agreement");and
WHEREAS, the Illinois Prevailing Wage Act (820 ILCS 130/1 et seq.) (the "Act") was
amended effective January 1,2024,to provide that the services to be provided by Contractor under
the Original Agreement are considered public works that are subject to the requirements of the
Act,thereby necessitating an increase in the contract price;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 term upon the same terms and
conditions of the Original Agreement, as amended by the First Extension Agreement, subject to
the additional services and price adjustments provided for herein;and
WHEREAS,the parties hereto have determined and agree that the total maximum payment
for the work performed and services described in this Second Extension Agreement shall be in an
amount of$2,886,000;and
WHEREAS,the changes provided to the Original Agreement in this Second Extension of
Purchase Agreement are germane to the Original Agreement as signed and this Second Extension
of Purchase Agreement is in the best interest of the City and authorized by law.
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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 Second 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, 2024, and which shall
terminate on December 31,2024,under the same terms of the Original Agreement,as amended by
the First Extension Agreement, except as expressly provided for in this Second Extension
Agreement.
3. 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 Second Extension of Purchase
Agreement, said term being January 1, 2024, to December 31, 2024, shall not
exceeded the total amount of$2,886,000. The detailed basis of the fee schedule
associated with the work performed under the Second Extension of Purchase
Agreement shall be as follows:
• Airlite—Water Treatment Plant$0.0754 per gallon transferred from the Airlite
lagoons to the McLean lagoons.
• McLean Lagoons - $108.586 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 - $173.226 per Dry Ton for Lime removed and landfilled
from the South McLean Boulevard Lagoons and the McLean temporary storage
lagoon for Airlite Lime."
4. That except as amended by this Second Extension Agreement the Original
Agreement, as amended by the First Extension Agreement,shall remain in full force and effect.
5. That in the event of any conflict between the terms of the Original Agreement,as
amended by the First Extension Agreement, and the provisions in this Second Extension
Agreement,the provisions of this Second Extension Agreement shall control.
6. This Second 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. This Second
Extension Agreement may be executed electronically, and any signed copy of this Second
Extension Agreement transmitted by facsimile machine or e-mail shall be treated in all manners
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and respects as an original document. The signature of any party on a copy of this Second
Extension Agreement transmitted by facsimile machine or e-mail shall be considered for these
purposes an original signature and shall have the same legal effect as an original signature.
IN WITNESS WHEREOF, the undersigned have entered into and executed this Second
Extension Agreement as of the date and year first written above.
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CITY OF ELGIN STEW�ART SP ,�f `
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City Manager President & Secr
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City Clerk BuJsi' ness1 Developm nt anager
Legal Dept1Agreement Stewart Spreading-Ext No.2-Lime Residue Removal-2024-2-20-24-clean.docx
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