17-51 Resolution No. 17-51
RESOLUTION
AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 2
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 Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby
authorized and directed to execute Amendment Agreement No. 2 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: April 12, 2017
Adopted: April 12, 2017
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
AMENDMENT AGREEMENT NO. 2
THIS AMENDMENT AGREEMENT NO. 2 is hereby made and entered into this 12 th
day of April , 2017, 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 Contractor has proposed to reduce 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, the changes contemplated by this Amendment Agreement No. 2 are
germane to the Original Agreement as signed; and this Amendment Agreement No. 2 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 11 of the Original Agreement and Amendment Agreement No. 1 is hereby
amended by replacing the entire section of this Article with the following:
"Article II. DURATION & SCOPE OF WORK. The CONTRACTOR shall
provide the goods or services described at the prices and terms contained therein.
The CONTRACTOR shall commence the performance of this contract upon the
date of this agreement and shall end the performance on December 31,2022.
The CITY shall be entitled, in the CITY'S sole discretion, to require lime residue
removal from a specific lagoon of any of the six lagoons and/or the temporary
lagoon with the South McLean Lagoon and/or the two lagoons at the Airlite
Water Treatment Plant."
3. Article III of the Original Agreement is hereby 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 a not-to-exceed total annual sum of
$1,960,000.00 for 2015 and 2016, and up to a not-to-exceed total annual sum of
$1,890,000.00 for 2017 through 2022."
4. That except as amended in this Amendment Agreement No. 2, and as previously
amended pursuant to Amendment Agreement No. 1, the Original Agreement shall remain in full
force and effect.
5. That in the event of any conflict between the terms of the Original Agreement,
Amendment Agreement No. 1, and the provisions in this Amendment Agreement No. 2, the
provisions of this Amendment Agreement No. 2 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:
4it erk
F ALegal Dept\Agreement\Beneficial Reuse Management-Amend#2-3-10-17.docx
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