HomeMy WebLinkAbout25-25 Resolution No. 25-25
RESOLUTION
AUTHORIZING EXECUTION OF A THIRD 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 Third 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: February 12, 2025
Adopted: February 12, 2025
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
THIRD EXTENSION OF
PURCHASE AGREEMENT
THIS THIRD EXTENSION OF PURCHASE AGREEMENT (hereinafter referred to as
the"Extension Agreement"is hereby made and entered into this 12 day of February
2025, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to
as the "City"), and Stewart Spreading, Inc., an IIlinois 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 parties entered into a Second Extension of Purchase Agreement, dated
March 6, 2024, which extended the Original Agreement for a term commencing on January 2024
and terminating on December 31,2024(the"Second 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 pubic 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, subject to the additional services and price adjustment
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 Third Extension Agreement shall be in an
amount of$2,886,000; and
WHEREAS, the changes provided to the Original Agreement in this Third Extension
Agreement are germane to the Original Agreement as signed and this Third Extension Agreement
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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 Third 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, 2025, and which shall
terminate on December 31, 2025, under the same terms of the Original Agreement except as
expressly provided for in this Third 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 Third Extension Agreement, said
term being January 1,2025 to December 31,2025,shall not exceed the total amount
of $2,886,000. The detailed basis of the fee schedule associated with the work
performed under the Third Extension Agreement shall be as follows:
• Airlite—Water Treatment Plant$0.0780 per gallon transferred from the Airlite lagoons
to the McLean lagoons.
• McLean Lagoons - $1 12.404 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 - $179.317 per Dry Ton for Lime removed and landfilled from the
South McLean Boulevard Lagoons and the McLean temporary storage lagoon for
Airlite Lime."
5. That except as amended by this Third Extension Agreement the Original
Agreement shall remain in full force and effect.
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6. That in the event of any conflict between the terms of the Original Agreement, as
amended by the First Extension Agreement and the Second Extension Agreement, and the
provisions in this Third Extension Agreement, the provisions of this Third Extension Agreement
shall control.
7. This Third 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 Third
Extension Agreement may be executed electronically,and any signed copy of this This Extension
Agreement transmitted by facsimile machine, email, or other electronic means shall be treated in
all manners and respects as an original document. The signature of any party on a copy of this
Third Extension Agreement transmitted by facsimile machine, email, or other electronic means
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 Third
Extension Agreement as of the date and year first written above.
CITY OF EL STEWART SPREADING, INC.
By C� yjj.1,
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Cityanager Its(insert title Business Development Manager
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Attest: Attest:
2)/tAi \--1/U
ity Clerk President a Secre .. M^N,
iffieruIVA
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