16-26 Resolution No. 16-26
RESOLUTION
AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1
WITH BENEFICIAL REUSE MANAGEMENT, LLC
FOR LIME RESIDUE REMOVAL
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby
authorized and directed to execute an Amendment Agreement No. 1 on behalf of the City of
Elgin with Beneficial Reuse Management, LLC for lime residue removal from lagoons located at
the South McLean site and lagoons located at the Airlite Water Treatment Plant, a copy of which
is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: February 24, 2016
Adopted: February 24, 2016
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
AMENDMENT AGREEMENT NO. 1
THIS AMENDMENT AGREEMENT NO. 1 is hereby made and entered into this 24th
day of 2016, 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 term of the Original Agreement provides for services from January 2015
and ending December 31, 2015; and
WHEREAS, the Original Agreement further provides that the City shall have the option,
at its discretion, of four (4) one-year extension agreements under the same terms and conditions
provided for in the Original Agreement at the City's sole discretion; and
WHEREAS,the City has determined to exercise its option for the first one-year extension
of the Original Agreement to extend the term of the Original Agreement for an additional year
from January 1, 2016,through December 31, 2016; and
WHEREAS, the changes contemplated by this Amendment No. 1 are germane to the
Original Agreement as signed; and this Amendment Agreement No. 1 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
acknowledged,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. The term of the Agreement under Article II `DURATION AND SCOPE OF
WORK" be and is hereby extended by one year from January 1, 2016, through and including
December 31, 2016, under the same terms and conditions provided for in the Original
Agreement.
3. That except as amended in this 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 and
the provisions in this Amendment Agreement No. 1, the provisions of this Amendment
Agreement No. 1 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: //f-Od• 1,�� r-r/ By: Aiv/C,
Y
City Manager
Attest: Attest:
A 4/ A _ A _ uu..(2.(4'
ity Clerk
F:U.egal Dept\Agreement\Beneficial Reuse Management-Amend#1-clean 1-11-16.docx OFFICIAL ANN 8SAL
Notary Public-State of Wools
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