===== PDF PAGE 1 ===== [Extraction: embedded PDF text] ~IllfY ©if Wf:S'T CHICAGO WHERE HISTORY & PROGRESS MEET INFRASTRUCTURE COMMITTEE Thursday, April 3, 2025 7:00 P.M. - City Council Chambers AGENDA 1. Call to Order, Roll Call, and Establishment of a Quorum 2. Approval of Minutes A. Infrastructure Committee of March 6, 2025 3. Public Participation/ Presentations 4. Items for Consent A. After the Fact Approval of City Administrator's Execution of One Year Contract with Dynegy Energy Services, LLC for the Supply of Electricity, June 1, 2025 - May 31, 2026 B. Resolution No. 25-R-0030 - Contract Award - Bluff City Construction, LLC. for the West Washington Street Soil Removal Project in an Amount Not to Exceed $579,931.45 5. Items for Discussion 6. Unfinished Business 7. New Business 8. Reports from Staff 9. Adjournment 475 Main Street T (630) 293-2200 West Chicago, lllinois F (630) 293-3028 Ruben Pineda Michael L. Guttman 60185 westchicago.org MAYOR CITY ADMINISTRATOR ===== PDF PAGE 2 ===== [Extraction: embedded PDF text] ~].11[~ ©f WES'T CHICAGO WHERE HISTORY & PROGRESS MEET Draft MINUTES INFRASTRUCTURE COMMITTEE March 6, 2025 7:00 P.M. 1. Call to Order, Roll Call, and Establishment of a Quorum. Chairman Morano called the meeting to order at 7:00 P.M. Roll call found Aldermen Dan Beebe, Heather Brown, Sandra Dimas, Alton Hallett, Joe Morano, Jeanne Short, and John C. Smith, Jr. present. Staff present included Director of Public Works, Mehul Patel, and Administrative Assistant, Ashley Heidorn. 2. Approval of Minutes A. Infrastructure Committee Minutes of February 6, 2025. Alderman Hallett made a motion, seconded by Alderman Brown, to approve the Meeting Minutes of February 6, 2025. Roll call found the vote unanimous for approval. Voting Yea: Aldermen Beebe, Brown, Dimas, Hallett, Morano, Short, and Smith. Voting Nay: 0. 3. Public Participation/ Presentations. None. '4. Items for Consent. Alderman Dimas made a motion, seconded by Alderman Brown, to approve: A. Procurement of Unleaded and Diesel Fuel from Al Warren Oil Through the DuPage County Joint Purchasing Program B. Purchase of One 2025 Ford F59 Chassis with a Step Van Body Equipped by Sauber Manufacturing from Haggerty Ford of West Chicago, Illinois, in an Amount Not to Exceed $158,869.00 C. Resolution No. 25-R-0024 - Contract Award - Brothers Asphalt Paving, Inc. for the 2025 Roadway Rehabilitation Project in an Amount Not to Exceed $1,402,603.79 D. Resolution No. 25-R-0025 -A Resolution Appropriating the Use of Motor Fuel Tax Funds and Approving a Request for Expenditure/Authorization of Motor Fuel Tax Funds for the Nuclear Drive and Northwest Avenue Reconstruction Project E. Resolution No. 25-R-0026 - Execution of a Joint Funding Agreement for State Participation (BLR 0531 OS) with the Illinois Department of Transportation for the Use of Economic Development Program Grant Funds for the Nuclear Drive and Northwest Avenue Reconstruction Project 475 Main Street T (630) 293-2200 Infrastructure Committee Meeting West Chicago, lllinois F [630) 293-3028March 6, 2025 Ruben Pineda Michael L. Guttman Page 1 of 2 60185 westchicar1 o.orn MAYOR CITY ADMINISTRATOR ===== PDF PAGE 3 ===== [Extraction: embedded PDF text] F. Resolution No. 25-R-0027 - Contract Award - Dahme Mechanical Industries Inc. - Well #8 Pump Station Rehabilitation Project (Base Bid + Alternate 1 + Alternate 2) for an Amount Not to Exceed $1,490,664.00 Roll call found the vote unanimous for approval. Voting Yea: Aldermen Beebe, Brown, Dimas, Hallett, Morano, Short, and Smith. Voting Nay: 0. 5. Items for Discussion. None. 6. Unfinished Business. None. 7. New Business. None. 8. Reports from Staff. Mr. Patel reminded the Committee of a busy upcoming construction year,· though scheduling is a bit behind due to IDOT delays. These projects include the IL-38 and Technology Boulevard Traffic Signal Installation Project, Town Road Reconstruction Project, and Nuclear Drive and Northwest Avenue Reconstruction Project. 9. Adjournment. At 7:04 P.M., Alderman Dimas made a motion to adjourn, seconded by Alderman Hallett. Motion was unanimously approved by voice vote. Respectfully submitted, Ashley Heidorn Public Works Administrative Assistant Infrastructure Committee Meeting March 6, 2025 Page 2 of 2 ===== PDF PAGE 4 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO INFRASTRUCTURE COMMITTEE AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: _L/~,_:A:__,__ AFTER THE FACT APPROVAL OF CITY FILE NUMBER: ------ ADMINISTRATOR'S EXECUTION OF ONE YEAR CONTRACT WITH DYNEGY ENERGY SERVICES, LLC COMMITTEE AGENDA DATE: April 3, 2025 FOR THE SUPPLY OF ELECTRICITY, JUNE 1, 2025 - COUNCIL AGENDA DATE: April 7, 2025 MAY 31, 2026 STAFF REVIEW: Mehul T. Patel, P.E., CFM - Director of Public Works SIGNATURE_________ _ APPROVED BY CITY ADMINISTRATOR: Michael L. Guttman SIGNATURE_____________ _ ITEM SUMMARY: Since January 2007, as a result of the electric utility deregulation law passed by the State of Illinois in 1997, the City of West Chicago has contracted for the supply of electricity from a third party supplier for electric to be supplied to the City's Water Treatment Plant, all Well Stations, and all Sanitary Lift Stations. The distribution of electric continues to be provided by ComEd. Working with David Hoover, who formed a cooperative known as the Northern Illinois Municipal Electric Cooperative (NIMEC) that represents over 30 municipalities, alternative pricing is obtained via competitive bid from four third party electric suppliers. In the past, the competitive bids were then compared with ComEd's rates to determine which pricing yields the most significant savings for the City. Now, however, ComEd no longer offers fixed rates for medium and large accounts like ours. Therefore, the City is forced to seek competitive bids or pay ComEd's floating rate, which is not recommended, as the floating rates are inflated and change hourly. On February 17, 2025, City Council approved Resolution No. 25-R-0011 authorizing the City's participation in NIMEC and authorizing the City Administrator to approve a contract with the lowest cost electricity provider. On March 10, 2025, NIMEC obtained bids from four suppliers (i.e., AEP, Dynegy, NRG, and Constellation). Dynegy Energy Services won the bid and on Tuesday, March 11, 2025, the City Administrator executed a one year contract (June 2025 thru May 2026) with Dynegy Energy for 0.07877 $/kWh for contract year one from June 1, 2025, to May 31, 2025. Historically, the City has signed a two-year or three-year contract but staff based on various parameters made a recommendation to sign a one year contract. The existing contract expires on May 31, 2024, and the City's current rate is $0.05889 $/kWh. Under the new contract, the City will be paying approximately 33.8% more for energy than the previous contract. The increase is due to the energy shortage and market uncertainty caused by the tariff implementation. ACTIONS PROPOSED: City Council approval of the City Administrator's execution of a one-year contract with Dynegy Energy Services, LLC for the supply of electricity for the City's Water Treatment Plant, all Well Stations, and all Sanitary Lift Stations. COMMITTEE RECOMMENDATION: ===== PDF PAGE 5 ===== [Extraction: embedded PDF text] ~DYNEGY ELECTRIC SERVICE AGREEMENT EXHIBIT A - Standard Large Stable Issued: March 11, 2025 This offer is presented to CITY OF WEST CHICAGO ("Customer") by DYNEGY ENERGY SERVICES, LLC ("Supplier'') and represents a price for Customer's full requirement retail power ("Retail Power'') needs at the service location(s) listed in Table 2, each service location referred to as an ("Account"). Upon acceptance, this offer will become Exhibit A of Supplier's Electric Service Agreement Terms and Conditions ("Agreement"), a copy of which is attached. By signing this Exhibit A, Customer is authorizing Supplier to enroll each Account with the Utility ("Utility") noted in Table 1. Tablet Select Term: Quote#: Delivery Term Delivery Term Power Price Voluntary REC Voluntary EFEC Begins: Ends: UkWh): Quantity (%): Quantity (%): Q-03182601 May 2025 May2026 $0.07877 N/A N/A Utllity: ComEd Regional Transmission Organization (RTO): PJM Broker Consultant (If blank, N/A): Trinity Energy LLC Power Price: Supplier will arrange for delivery of Customer's Retail Power. The Power Price noted in Table 1 includes charges for energy, capacity, applicable Regional Transmission Operator, ancillary services and other market settlement charges, distribution and transmission energy losses, charges associated with the purchase, acquisition and delivery of renewable energy certificates (RECs) in accordance with the state-mandated Renewable Portfolio Standards ("RPS") requirements, if applicable, the charge for additional voluntary RE Cs, or Voluntary EFECs, and scheduling and load forecasting associated with the delivery of Customer's Retail Power. Voluntary REC Quantity: If applicable in Table 1, the Power Price in Table 1 will include a charge associated with the Voluntary REC Quantity requested by Customer. Retail Power shalt be associated with the generation of electricity from a renewable energy resource such that the percentage required, when added to Customer's obligation under the RPS of this Agreement, shall equal the Voluntary REC Quantity (%) selected in Table 1. The Parties agree and understand a REC is separate from the Retail Power being delivered but, nonetheless, constitutes value associated with the provision of Retail Power. It is understood and agreed that any RECs purchased and retired in accordance with the aforesaid state mandate is not the property of Customer and Customer has no claim, interest, or right to said RECs, or any value derived therefrom. Voluntary EFEC Charge: If applicable in Table 1, the Power Price in Table 1 will include a charge associated with the Voluntary EFEC Quantity requested by Customer. Emission Free Energy Certificates: Supplier agrees to provide emission free energy supply based on Customer's specified percentage as set forth herein. Emission free energy supply may be provided through an Emission Free Energy Certificate ("EFEC'), an Alternative Energy Certificate ("AEC"), a Zero Emission Certificate ("ZEC"), or any other recognized instrument representing emission free energy, collectively a "Certificate." Each Certificate represents the environmental and fuel diversity attributes of one megawatt-hour of electricity generated by an eligible emission free source. Certificates will be provided in an amount equivalent to the value shown in Table 1 of the Customer's actual net usage over the term of the Agreement. Upon written request from Customer, Supplier will provide Customer with an attestation that (a) Certificates were generated in an amount equivalent to the percentage of Customer's actual net usage as provided herein, and (b) each Certificate has not been previously contracted and cannot be claimed by any other customer. The Certificate may be provided from the obligation year or an earlier vintage year. Customer shall be entitled to (i) identify, and (ii) make marketing claims regarding the purchase of Certificates under this Agreement only after Supplier has reviewed and provided its written consent. Notwithstanding the foregoing, Customer understands the physical output and associated electrons from the generation source of the Certificates may not be generated on the same electric grid as the Customer's premises. Standard Large Stable Page 1 of 8 Confidential Document- See Sec. 8 CMT-000015 Standard Large Stable Contract Version: 10.18.2024 ===== PDF PAGE 6 ===== [Extraction: embedded PDF text] Customer will incur additional service and delivery charges from the Utility, and Customer is solely responsible for payments of all charges related to the delivery of electricity from the Utility. Net Metering. Customer must enroll, and be accepted in, as applicable by state law, Utility's net metering program in order to participate in net metering with Supplier. The validity, interpretation and performance of this Agreement shall be governed by and performed in accordance with the laws of the State of Illinois, together with administrative and judicial decisions construing applicable provisions of the Illinois retail choice law, 220 ILCS 5/16-101 et al, and without regard to principles of conflicts of law. This offer Is contingent on acceptance by the Utility of the enrollment of Customer with Supplier. By signing below, you certify that 1) you are authorized on behalf of Customer to enter into this Agreement with Supplier, 2) Customer has read the Terms & Conditions of this Agreement and agrees to be bound by them, and 3) Customer authorizes Supplier to enroll the Account(s) listed In Table 2 with the Utility which will allow Supplier to provide retail electricity. IN WITNESS WHEREOF, subject to any of the foregoing execution conditions, the Parties have executed and delivered this Agreement on the date last signed by the Parties. DYNEGY ENERGY SERVICES, LLC ~l;OFWE~ By: SR Name: crahriatbpl@ snt, 11. io1516:l2 con Name: Micbael' Guttman Title: Sr Director Title: City Admjnistratoc Date: Mar u 2025 Date: March 11, 2025 **Signatory certifies authorization to enter in to this Agreement Standard Large Stable Page 2 of8 Confidential Document - See Sec. 8 CMT-000015 Standard Large Stable Contract Version: 10.18.2024 ===== PDF PAGE 7 ===== [Extraction: embedded PDF text] BILLING AND NOTICE INFORMATION FEIN or DUNS#: 36-6006144 1K] Check here if you are a local government entity as defined by 50 ILCS 505/Local Government Prompt Payment Act. If applicable, see Section 4 of the Terms & conditions for below: D Check here to receive one master invoice that Includes detailed usage by Account. If blank, an Individual invoice for each Account will be Issued. 0 Check here if you want invoices malled to the Service Location, Attn: Accounts Payable. Otherwise, please complete Invoice Information below. Invoices (Complete below section) Notices Attn: Accounts Payable Attn: David Hoover Address: 475MainSt Address: 47S Main St WEST CHICAGO WEST CHICAGO, IL 60185 IL60185 E-mail: E-mail: dhoover@nlmec.net Phone: Phone: 847-392-9300 Sales Contact Notices/Inquires Name: Scott Strebel Attn: Customer Care Address: 1500 Eastport Plaza Dr Address: 6555 Sierra Drive Collinsville Irving TX 75039 IL62234 E-mail: scott.strebel@vistracorp.com E-mail: businesscare@vistracorp.com Phone: Phone: 844-441-0716 Option-3 Upon dual execution and delivery to Supplier, this Agreement is binding. Please retain a copy for your records and send a signed copy to Supplier. Supplier will forward all necessary doa.iments to the Utility. Standard Large Stable Page 3 of 8 Confidential Document - See Sec. 8 CMT-000015 Standard Large Stable Contract Version: 10.18.2024 ===== PDF PAGE 8 ===== [Extraction: embedded PDF text] ELECTRIC SERVICE AGREEMENT ACCOUNT INFORMATION SHEET FOR CITY OF WEST CHICAGO AS OF 03/11/2025 TABLEZ Utility: ComEd Bill Account# Service Location Group 1 0807072403 13 811 E HAWTHORNE LN, WEST CHICAGO, IL 6018S 2 1319470948 12 699 Shingleoak Dr. Lift Station, WEST CHICAGO, IL 60185 3 1384839139 12 525 INDUSTRIAL DR, WEST CHICAGO, IL 60185 4 2181524196 12 1435 W ROOSEVELT RD, WEST CHICAGO, IL 60185 5 2371518418 13 2201 TOWER RD, WEST CHICAGO, IL 60185 6 2654773272 16 2551 MEADOWLARK DR, WEST CHICAGO, IL 60185 7 3002177880 13 320 FREMONT ST, WEST CHICAGO, IL 60185 8 3424042495 13 1900 POWIS RD, WEST CHICAGO, IL 60185 9 3622866029 13 627 HAWTHORNE LN, WEST CHICAGO, IL 60185 10 4406444307 13 842 MAIN ST, WEST CHICAGO, IL 60185 11 4896015577 13 1522 W HAWTHORNE LN, WEST CHICAGO, IL 60185 12 5231374573 11 1689 JOLIET RD, WEST CHICAGO, IL 60185 13 5609084153 5 244 S Neltnor Blvd, WEST CHICAGO, IL 60185 14 6006555316 15 1415 PRAIRIE CROSSING DR DU PAGE, WEST CHICAGO, IL 60185 15 6427789086 13 320 E FOREST AVE, WEST CHICAGO, IL 60185 16 7021922674 13 2290 SMITH RD, WEST CHICAGO, IL 60185 17 7242808880 12 1255 HELENA DR, WEST CHICAGO, IL 60185 18 7321987788 12 253 George St. Pump Station, WEST CHICAGO, IL 60185 19 7345436143 12 410 COOLIDGE AVE, WEST CHICAGO, IL 60185 20 7904519060 11 1450 S NELTNOR BLVD, WEST CHICAGO, IL 60185 21 9927789774 12 1400 W HAWTHORNE LN, VILLAGE, WEST CHICAGO, IL 60185 _sg__ SR Standard Large Stable Page4 of 8 Confidential Document - See Sec. 8 CMT-000015 Standard Large Stable Contract Version: 10.18.2024 ===== PDF PAGE 9 ===== [Extraction: embedded PDF text] ELECTRIC SERVICE AGREEMENT Supplier may return Customer to Utility default service, GENERAL TERMS AND CONDITIONS thereby terminating this Agreement. 4. PAYMENTS/INVOICES This Electric Service Agreement ("Agreement") is between Supplier will issue an invoice via mail or e-mail based on Supplier and Customer and is dated and effective as of the actual usage data provided by the Utility as soon as date the Exhibit A is signed by both parties. To the extent practicable after the end of each Monthly Billing Cycle in there is a conflict in the terms, interpretation or which service was provided. Each invoice will include Supplier understanding of this Agreement and Exhibit A, the terms of charges set forth in this Agreement and payments shall be Exhibit A shall supersede the terms of this Agreement. received by Supplier within sixty (60) Calendar Days following 1. ELECTRIC ENERGY SERVICES the issue date of each invoice, the "Due Date". Alternatively Supplier shall supply and deliver to Customer and Customer and upon mutual agreement of the Parties and approval by shall exclusively purchase and receive from Supplier all Retail Utility, Supplier may issue an invoice that includes both Power as defined in Exhibit A, pursuant to the terms and Supplier charges set forth in this Agreement and the Utility's conditions which are described in the attached Exhibit A and delivery service charges, in which case the Due Date shall be incorporated herein for all purposes. The Retail Power will be sixty (60) days. All payments shall be made via an electronic delivered to the interconnection between the transmission method or check to the account specified on each invoice. system of the applicable transmission provider and the Should the Utility fail to provide the customer's usage Utility's ("Utility'') distribution system ("Delivery Point"). information to Supplier within five (5) Business Days after the Customer's Utility will be responsible for delivery of Retail published meter read date, Supplier reserves the right to Power to Customer's meter from the Delivery Point. The provide the Customer with an estimated bill to be trued up in delivery of Retail Power over the Utility's distribution system an invoice that follows receipt of the actual bill. Amounts not is subject to the terms and conditions of the Utility's tariff paid on or before the Due Date shall be deemed delinquent relating to delivery and metering. Customer's Utility will send and a late payment charge equivalent to one and one-half Customer a notice confirming the switch to Supplier for percent (1.5%) will be assessed each month on the unpaid electricity (the "Confirmation"). Customer shall provide balance ("Interest Rate"). If Customer in good faith disputes written notice as soon as practicable of any changes to the correctness of any invoice rendered under this Customer's Account and meter numbers and/or billing Agreement, then Customer shall 1) provide written locations associated with Customer's delivery services. explanation of the basis of the dispute to Supplier no later Customer is solely responsible for payments of all charges than the Due Date and 2) pay the undisputed portion of the related to the delivery of the Retail Power from the Utility amount invoiced no later than the Due Date. If the disputed whether billed to Supplier or Customer, and agrees to hold amount is determined to have been due by Supplier, it shall harmless and indemnify Supplier from any liability, demand be paid to Supplier within five (5) Business Days of such or payment for same. Customer represents and warrants it is determination, along with interest at the Interest Rate from eligible to receive electric energy services from Supplier and and including the date such amount was due, but excluding that it has given all required notices to the supplier currently the date paid. For purposes of this Agreement, "Business serving Customer, if applicable. Day'' shall mean any day except a Saturday, Sunday, or a 2. TERM OF AGREEMENT Federal Reserve Bank holiday, and "Calendar Day'' shall mean After Supplier and the Utility process Customer's enrollment every day including Saturday, Sunday and Federal Reserve request, Retail Power delivery will begin for each Account Bank holidays. with the first available meter reading date of the month Alternatively, if eligible, Customer will receive a single bill noted under "Delivery Term Begins" in Table 1 or as soon as from the Utility that contains Supplier charges set forth in this possible thereafter, and ends with the regularly scheduled Agreement and Utility charges. Customer will make meter reading date for the month noted under "Delivery payments to the Utility according to the Utility's billing rules Term Ends" in Table 1 on Exhibit A (''Term"). At the end of the and schedules. Failure to pay Supplier charges may result in Term of this Agreement, Supplier will return Customer to the Account(s) being returned to the Utility's standard Utility default service, unless a written amendment has been service and forfeiture of Customer's right to choose another executed to renew the Term. Notwithstanding the foregoing, retail electric service provider until past due amounts are the Term is subject to renewal pursuant to the conditions paid. Failure to pay invoice charges may result in the under Section 3, Monthly Renewal. Account(s) being disconnected in accordance with the 3. MONTHLY RENEWAL Utility's business practices. If, due to Utility rules, any This Agreement shall automatically continue on a monthly Account(s) become ineligible for a single bill from the Utility basis rRenewal Term") at the rates determined by Supplier, at any time during contract, then Supplier will issue an invoice which may vary from month to month. If Customer has not for all ineligible Account(s). Supplier's invoice will reflect the notified Supplier that Customer has elected to obtain Retail Power Price for Retail Power times the kWh each month for Power from another retail supplier, then Supplier may, in its those accounts billed by supplier, and Customer will make sole discretion, place Customer on Renewal Term service or Standard large Stable Page 5 of8 Confidential Document-See Sec. 8 CMT-000015 Standard Large Stable Contract Version: 10.18.2024 ===== PDF PAGE 10 ===== [Extraction: embedded PDF text] payments to Supplier in the terms described above in Customer and Customer's agents and Supplier and/or Supplier billing. Supplier's agents shall treat as confidential all terms and If Customer is a state government entity as defined by its conditions of this Agreement, including all information and local government Prompt Payment Requirements Act documentation exchanged by the Parties during the indicated in Exhibit A, then, in such event, said Act shall negotiations of this Agreement. Neither Party will disclose control with regard to the calculation of payment due dates terms and conditions of this Agreement to any other party, and late payment charges. All other provisions in this except as required by law. Notwithstanding the foregoing, paragraph remain the same and are in effect. Supplier and/or Supplier's agents and Customer and/or 5. CUSTOMER INFORMATION Customer's agents shall be allowed to acknowledge that an Customer authorizes Supplier to receive current and Agreement for Retail Power services does exist between the historical energy billing and usage data from the Utility and Parties. At Supplier's discretion, third-party agents of such authorization shall remain in effect unless Customer Customer may be asked to execute a confidentiality rescinds such authorization in writing. Supplier reserves the agreement. right to cancel this Agreement in the event that Customer 9. WARRANTY, DISCLAIMER AND LIMITATION OF rescinds such authorization. Customer has the right to LIABILITY request from Supplier, twice within a twelve (12) month Supplier warrants title to all Retail Power delivered period without charge, up to twenty-four (24) months of hereunder, and sells such Retail Power to Customer free from Customer's payment history. liens and adverse claims to the delivery point. THIS IS 6. TAXES SUPPLIER'S ONLY WARRANTY CONCERNING THE RETAIL Except for taxes on the gross income and property of POWER PROVIDED HEREUNDER, AND IS MADE EXPRESSLY IN Supplier, all federal, state, and municipal or other LIEU OF ALL OTHER WARRANTIES AND REPRESENTATIONS, governmental subdivision taxes, assessments, fees, use EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED taxes, sales taxes or excise taxes, or similar taxes or fees WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, incurred by reason of Retail Power sold under this Agreement MERCHANTABILITY OR OTHERWISE. UTILITY WILL PROVIDE are the sole responsibility of Customer, and Customer agrees DELIVERY SERVICES UNDER THIS AGREEMENT; THEREFORE to hold harmless and indemnify Supplier from any liability, SUPPLIER IS NOT LIABLE FOR ANY DAMAGES RESULTING demand or payment for same. It is understood that Supplier FROM FAILURE BY THE UTILITY OR RTO. SUPPLIER DOES NOT is responsible for all taxes applicable prior to Supplier's GUARANTEE UNINTERRUPTED SERVICE AND SHALL NOT BE delivery to the Delivery Point, and Supplier agrees to hold LIABLE FOR ANY DAMAGES SUSTAINED BY CUSTOMER BY harmless and indemnify Customer from any liability, demand REASON OF ANY FAILURE, ALTERATION OR INTERRUPTION or payment for same. OF SERVICE. NEITHER PARTY SHALL BE RESPONSIBLE UNDER 7. CREDIT ANY CIRCUMSTANCES FOR ANY SPECIAL, INCIDENTAL, Should Customer's creditworthiness or financial condition INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, deteriorate following the date of this Agreement, Supplier INCLUDING LOSS OF PROFITS, OR OTHER BUSINESS may request adequate financial security from Customer in a INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR form acceptable to Supplier as determined in a commercially CONTRACT, UNDER ANY INDEMNITY PROVISION OR reasonable manner. The failure of Customer to provide OTHERWISE, INCURRED BY THE OTHER PARTY. adequate financial security to Supplier within ten (10) 10. FORCE MAJEURE Business Days of a written request by Supplier shall be If a Party is prevented by Force Majeure from carrying out, in considered an Event of Default under Section 14. For whole or part, its obligations under this Agreement (the purposes of this Section, creditworthiness or financial "Claiming Party") and gives notice and details of the Force condition shall be determined by Supplier in a commercially Majeure to the other Party as soon as practicable, then the reasonable manner, based upon but not limited to, Claiming Party shall be excused from the performance of its reasonable concern over Customer's payment pattern, obligations under this Agreement (other than the obligation discovery of negative or derogatory public information, to make payments then due or becoming due with respect to and/or based upon a review of Customer's most recently performance prior to the Force Majeure). The Claiming Party audited annual financial statements or such other documents shall remedy the Force Majeure with all reasonable dispatch. that may be necessary to adequately determine Customer's During the period excused by Force Majeure, the non- creditworthiness (which, if available, shall be supplied by Claiming Party shall not be required to perform its obligations Customer upon the reasonable request of Supplier). In under this Agreement. "Force Majeure" shall mean an event addition the determination of creditworthiness or financial or circumstance which prevents the Claiming Party from condition may include consideration of the market exposure performing its obligations or causes delay in the Claiming assumed by Supplier relevant to the liquidation value of this Party's performance under this Agreement, which event or Agreement under Section 14. circumstance was not anticipated as of the date this 8. CONFIDENTIALITY Agreement was agreed to, which is not within the reasonable control of, or the result of the negligence of, the Claiming Standard Large Stable Page 6of 8 Confidential Document - See Sec. 8 CMT-000015 Standard Large Stable Contract vrrsion: 10.18.2024 ===== PDF PAGE 11 ===== [Extraction: embedded PDF text] Party, and which, by the exercise of due diligence or use of any of the following: (a) the failure to make, when due, any good utility practice, as defined in the applicable transmission payment required pursuant to this Agreement if such failure tariff, the Claiming Party is unable to overcome or avoid or is not remedied within five (S) Business Days (as such term is cause to be avoided, such as, but not limited to: acts of God, defined in Section 4 above) after written notice of such fire, flood, earthquake, war, riots, strikes, walkouts, lockouts failure; (b) any representation or warranty made by such and other labor disputes that affect Customer or Supplier. Party herein is false or misleading in any material respect Force Majeure shall not be based on 1) Customer's inability when made or when deemed made or repeated; (c) the to economically use the Retail Power purchased hereunder; failure to perform any material covenant or obligation set or 2) Supplier's ability to sell the Retail Power at a price forth in this Agreement (except to the extent constituting a greater than the price under this Agreement. separate Event of Default, and except for such Party's 11. CHANGE IN LAW OR REGULATORY EVENT obligations to deliver or receive where such Party has made In the event that any change in or enactment of any rule, payments due for such failure to deliver or receive) if such regulation, Utility operating procedure, tariff, ordinance, failure is not remedied within five (5) Business Days (as such statute, or law affecting the sale or transmission, distribution, term is defined in Section 4 above) after written notice by or purchase or other obligation under this Agreement Supplier to Customer; (d) such Party (1) files a petition or (induding but not limited to any administrative ruling, otherwise commences, authorizes or acquiesces in the interpretation, or judicial decision}, or any new or increased commencement of a proceeding or cause of action under any charges to maintain system reliability affects Supplier's costs bankruptcy, insolvency, reorganization or similar law, or has to deliver Retail Power, as determined in Supplier's any such petition filed or commenced against it, (2) makes an reasonable discretion (a "Change in Law"), Supplier shall 1) assignment or any general arrangement for the benefit of provide written notice to Customer of the change, 2) specify creditors, (3) otherwise becomes bankrupt or insolvent the effect on price necessary to accommodate the Change in (however evidenced), or (4) has a liquidator, administrator, Law, and 3) state the date upon which such new pricing shall receiver, trustee, conservator or similar official appointed be effective, which date shall not be less than thirty (30} days with respect to it or any substantial portion of its property or from the date of the written notice and shall coincide with assets as part of bankruptcy proceeding or reorganization for the next Monthly Billing Cycle invoice that follows the thirty the benefit of creditors; (e) the failure of Customer to satisfy (30) day period. Customer agrees that it shall be bound by the creditworthiness/collateral requirements under Section the new pricing set forth in the written notice described in 7 of this Agreement; or (f) a Party consolidates or merges the foregoing provision. with or into, or transfers all or substantially all of its assets to 12. ASSIGNMENT/CUSTOMER NAME CHANGE another entity and, at the time of such consolidation, This Agreement shall be binding on each Party's successors amalgamation, merger or transfer, the resulting, surviving or and permitted assigns. Neither Party shall assign this transferee entity fails to assume all the obligations of such Agreement or its rights without the prior written consent of Party under this Agreement, or the resulting, surviving or the other Party, which consent shall not be unreasonably transferee entity does not satisfy the creditworthiness withheld; provided, however, 1) Supplier may assign its rights requirements/collateral requirement set forth in Section 7 of and obligations under this Agreement to an affiliate without this Agreement (each, an "Event of Default"). consent of the Customer, or 2) the assigning party Suspension and Early Termination: If an Event of Default ("Assignor'') shall be released from all liability under this occurs, the non-defaulting Party ("the Non-Defaulting Party'') Agreement if assignee agrees in writing to be bound by the may, at its option and in its sole discretion, 1) suspend its terms and conditions and assumes the liability of Assignor performance under this Agreement, or 2) terminate this under this Agreement. Agreement ("Early Termination"), at which Early If Customer undergoes a change of legal name during any Termination, the Non-Defaulting Party shall have the right to term of this Agreement, Customer is responsible for notifying liquidate this Agreement and to demand payment of, which the Utility and Supplier of such change in Customer's legal the defaulting Party ("the Defaulting Party") shall pay upon name (such new name, the "New Name") as soon as invoice, a settlement amount which shall be equal to a) if practicable. Customer further agrees to take any and all steps Customer is the Defaulting Party, any unpaid invoices plus the as may be required by the Utility to continue as Supplier's positive difference (if any) of the Power Price minus the customer or to re-enroll with Supplier. Market Price multiplied by the Total Monthly Usage kWh in 13. WAIVER the Monthly Billing Cycles remaining In the Term or Renewal Except as otherwise set forth in this Agreement, failure or Term, or b) if Supplier is the Defaulting Party, the net result delay on the part of either Party to exercise any right, power, of any unpaid invoices by Customer to Supplier and, the or privilege under this Agreement shall not operate as a positive difference (if any) of the Market Price minus the waiver of such right, power or privilege of this Agreement. Power Price multiplied by the Total Monthly Usage kWh in 14. EVENTS OF DEFAULT the Monthly Billing Cycles remaining in the Term or Renewal Definition: An "Event of Default" shall mefn, with respect to Term. Any such calculation shall be discounted to present a defaulting party (the "Defaulting Party''), the occurrence of value, plus other costs, expenses and charges under this Standard Large Stable Page 7 of 8 Confidential Document - See Sec. 8 CMT-000015 Standard Large Stable Contract Version: 10.18.2024 ===== PDF PAGE 12 ===== [Extraction: embedded PDF text] Agreement which the Non-Defaulting Party incurs as a result terms, provisions or conditions contained herein or the rights of such Early Termination, in addition to and without or obligations of either Party under this Agreement, such prejudice to any right of setoff, recoupment, combination of question or controversy shall in the first instance be the accounts, lien or other right to which the Non-Defaulting subject of a meeting between the Parties to negotiate a Party is otherwise entitled, whether by operation of law, resolution of such dispute. Such meeting shall be held within equity, contract or otherwise as a result of the Event of fifteen (15) days of a written request by either Party. If within Default and early termination of this Agreement, subject to fifteen (15) days after that meeting the Parties have not any limitations on liability as set forth in Section 9 negotiated a resolution or mutually extended the period of WARRANTY, DISCLAIMER AND LIMITATION OF LIABILITY. For negotiation, the question or controversy shall be resolved by the purposes of this section "Market Price" shall mean the arbitration in accordance with arbitration procedures amount, as determined by the Non-Defaulting Party, that a established from time to time by the American Arbitration bona fide third party would pay for the subject kWh at the Association ("AAA"). The panel of arbitrators to be provided then current prevailing energy prices. The non-Defaulting shall be competent in their expertise and qualifications to Party may consider, among other things, quotations from the understand and arbitrate the dispute. In addition to the leading dealers in the wholesale energy industry, internally arbitration procedures established by the AAA, arbitration developed forward market prices and other bona fide third shall be conducted pursuant to the Federal Rules of Evidence. party offers as commercially available to the Non-Defaulting The arbitrators may award only damages as allowed for by Party, which will be adjusted, as necessary, .for the period and this Agreement, and attorney fees and other legal costs. Any differences in transmission costs, volume, and other factors, decision and award of the majority of arbitrators shall be as reasonably determined by the Non-Defaulting Party. binding upon both Parties. Judgment upon the award 15. MISCELLANEOUS rendered may be entered in any court of competent This Agreement constitutes the entire agreement of the jurisdiction. parties with respect to the subject matter of this Agreement 18. EXECUTION and supersedes and extinguishes any and all prior oral or Customer may provide Supplier with an executed facsimile written agreements between the parties concerning the copy of the Agreement, or other form of an electronic subject matter of this Agreement. This Agreement may only execution of the Agreement, and in such event the be modified or amended through a written document signed Agreement is binding on the Parties upon acceptance and by both parties. Except as otherwise set forth in this execution by Supplier, and shall be deemed an original. Agreement, failure or delay on the part of Supplier to exercise 19. CHANGES IN CONSUMPTION any right, power, or privilege under this Agreement shall not Customer will provide Supplier advanced notification of any operate as a waiver of such right, power or privilege of this planned shut-downs or known or anticipated changes to Agreement. Customer's operations that will have an impact on Supplier's 16. FORWARD CONTRACT/NON-UTILITY ability to accurately forecast Customer's load and/or notice ACKNOWLEDGEMENT of any Account closings that may occur or may be expected The Parties agree this Agreement is construed and to occur during the Term. Supplier may incorporate a request understood to be a "forward contract" as defined by the U.S. that Customer provide a periodic production or load forecast Bankruptcy Code. Each party agrees that, for purposes of this to aid in forecasting Customer's load requirements as part of Agreement, the other party is not a "utility" as such term is the terms of this Agreement. used in Section 366 of the U.S. Bankruptcy Code, and each 20. CUSTOMER SERVICE party waives and agrees not to assert the applicability of the For questions about your invoice or Supplier service, please provisions of such Section 366 in any bankruptcy proceeding contact our Customer Care Department by calling Supplier at wherein such party is a debtor. the toll free number listed on the Notices Schedule. To report 17. RESOLUTION OF DISPUTES/ARBITRATION a service outage in an emergency or for any other questions, If a question or controversy arises between the Parties please contact your Utility directly. concerning the observance or performance of any of the Signature: s..,gioSe~.g,10R,> 7isu .. (Mor'Rpdr~uez,I 1,2 16:21 COT) Email: contractlegall2@vistracorp.com Standard Large Stable Page 8 of 8 Confidential Document - See Sec. 8 CMT-000015 Standard Large Stable Contract Version: 10.18.2024 ===== PDF PAGE 13 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO INFRASTRUCTURE COMMITTEE AGENDA ITEM SUMMARY ITEM TITLE: c __ AGENDA ITEM NUMBER: _4_· _.__,~B_ _ Resolution No. 25-R-0030 - Contract Award - Bluff City Construction, LLC. for the West Washington Street Soil COMMITTEE AGENDA DATE: April 3, 2025 Removal Project in an Amount Not to Exceed $579,931.45 COUNCIL AGENDA DATE: April 21, 2025 STAFF REVIEW: Mehul T. Patel, P.E., CFM- Director of Public Works SIGNATURE. _ __________. APPROVED BY CITY ADMINISTRATOR: Michael L. Guttman SIGNATURE._________ _ ITEM SUMMARY: The City currently owns a series of properties (collectively measuring ~14 acres in total) located near 119 West Washington Street in West Chicago, Illinois (the Site). The City wishes to redevelop the Site for various potential uses (municipal, commercial and/or residential); however, the Site has been found to be contaminated due to historical operations. The City wishes to pursue and obtain a No Further Remediation (NFR) letter for the Site to both protect the human health of potential future users of the Site and to enhance the Site's marketability to potential developers. The Site was enrolled in the Illinois Site Remediation Program (SRP) in August 2015. Various subsurface investigations and remedial activities were performed at the Site. The results of these investigations delineated several areas of the Site where needed to be excavated to receive the NFR letter. A Comprehensive Site Investigation Report (CSIR), Remedial Objectives Report (ROR), and Remedial Action Plan (RAP) were submitted in August 2015. The Illinois Environmental Protection Agency rejected these reports due to various deficiencies. When she was an Illinois State Representative, current State Senator Karina Villa, was successful in securing $600,000 in grant funding through the Illinois Department of Commerce and Economic Opportunity (DCEO) for this Project. On June 15, 2023, the City received an executed grant agreement from DCEO for this Project. This is a reimbursement grant for which funds must be expended by March 31, 2026. On June 19, 2023, the City Council approved Resolution No. 23-R-0056 authorizing the Mayor to enter into a professional environmental services agreement with Civil & Environmental Consultants, Inc (CEC) to perform supplementary subsurface investigations to delineate the exact limits of soil removal, prepare an initial SRP report, a Remedial Action Plan (RAP) report, and a final SRP report to the Illinois Environmental Protection Agency (IEPA). CEC also assisted the City with the public bidding process for the Project. The scope of work generally consists of contaminated soil removal and disposal, clean construction demolition debris removal and disposal, concrete and asphalt removal and disposal, backfill excavation areas, site restoration, and all incidental and miscellaneous work necessary to complete the Project as shown on the bid documents. The request for bids was advertised in the Daily Herald and on an online bidding platform, QuestCDN, on March 4, 2025. Staff opened bids on March 25, 2025, and below are the bid results: BID SUBMITTAL CONTRACTOR RANK AMOUNT Bluff City Construction, LLC. $579,931.45 1 V3 Construction Group $629,950.00 2 RW Collins Co. $748,220.00 3 06 Environmental, LLC $750,334.71 4 Earthwerks $775,900.00 5 Swallow Construction Corp. $995,000.00 6 ===== PDF PAGE 14 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO NIA NIA I ENGINEER'S EST/MA TE I I I The FY 2025 budget includes $1,676,000 in Capital Projects Fund 08-34-53-4810. This budget includes construction and construction management costs. It should be noted; staff reduced the scope of the work significantly throughout the Project due to uncertainty about exact locations and volume of excavation associated with the future build-out plans for the site. ACTIONS PROPOSED: Approve Resolution No. 25-R-0030 authorizing the Mayor to execute a Contract with the lowest responsible bidder, Bluff City Construction, LLC of Bartlett, Illinois, for the West Washington Street Soil Removal Project in an amount not to exceed $579,931.45. COMMITTEE RECOMMENDATION: ===== PDF PAGE 15 ===== [Extraction: embedded PDF text] RESOLUTION NO. 25-R-0030 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH BLUFF CITY CONSTRUCTION, LLC OF BARTLETT, ILLINOIS, FOR THE WEST WASHINGTON STREET SOIL REMOVAL PROJECT IN AN AMOUNT NOT TO EXCEED $579,931.45 BE IT RESOLVED by the City Council of the City of West Chicago, in regular session assembled, that the Mayor is hereby authorized to execute a Contract with the lowest responsible bidder, Bluff City Construction, LLC of Bartlett, Illinois, for the West Washington Street Soil Removal Project in an amount not to exceed $579,931.45, in substantially the form attached hereto and incorporated herein as Exhibit "A". APPROVED this 21st day of April 2025. AYES: NAYES: ABSTAIN: ABSENT: Ruben Pineda, Mayor ATTEST: Valeria Perez, Executive Office Manager ===== PDF PAGE 16 ===== [Extraction: embedded PDF text] -- Land __ ., Bluff City Construction, U.C V3 Construction Group, Ltd. RW Collins Company 06 Environmental LLC & Development Corp Swallow Construction Corp City of West Chica~o llS2 SCMlthwlnd Boule~ T'l2SJ~A-..nua 722.SW, lllhStrNt H11 B■l"lnMr lnduatrial DriYII 2111 Ogden Avenue 490 TopllOII Drive Tabulation of Bids ~ Bartlatt, IL60103 Woodridge, IL 60517 Chicago, U. 60638 SL Louis, MO 63130 Llsle, IL 60532 West Chicago, IL 60185 . West Washington Street Redevelopment Soil Removal Projecl ~ Date. March 25, 2025-11.00 A.M. ~'f' - Opell!>d by) Mehul Patel ~ lt_.ied by; Dave Shah & Mehul P•Iel= Unit Unit Unit Unit Unit Unit Total Price Total Price .Units Price I Q_uantitv Iota1 Price Iolal To_tal ~ri~ Iotal Price mM~ ...,,.. S105.00 S525,000.00 1811.00 1345,000.00 _$79.31 S3111_.550JJO 5.000 $73.JU __ $80.13 M00,850.00 1 IContuninamd SoJ Removal CY I !t21l.OO f!I00_.000.00 2 ICIMn eoo..""°" OomoRion O.blh Sol Romlm>I cy I 500 $1U45.00 S3UJO S1SJ;Ql)j)O S42.50 '21,250.00 ~1.14 S20.570.00 $40.00 121),000.00 $50.00 125.000JI!)_ 3 ~Concrete Pad Removal and Oisposal fil'__l-----1Q!! $3.94 _11182.00 $13.00 $27.15 $8.145..00 $19.72 SSJl18.00 S3.00 S800.00 $15..00 ~ 4 IEw>valion B-A-6 _CY _1_2,SQ!)_ j24.68 S61.650.00 $19.00 $122.500.00 $,IS.OD S112.!i00.00 SS1.84 S129.IIOO.OO S30.00 $75.000.00 $15.00 S112.!iOOJXJ S28J)O S59,500.00 SfE.w,,.llo,,S-0.. CY I 2,125 -121).59 S43753.75 S33.00 S7D_125..0Q- ses.oo S138.125..00 ~JM $1!9,747.50 S10.00 $21,250.00 6 IT~ CY I 375 $25.39 19~.25 ~1.00 .1_1JIJ_~Q!)_ S89.2II $25.950,00 S41.94 $15727.50 $10.00 $3750.00 S60.00 ... .50Q._(JO 7 IRes1Dration S_'i'_______l__5,000 SCl.48 S2.450.00 1L50 $7,500.00 '2.25 $1~00 $1.11 SS,550.00 saoo $15,000.00 SS.00 '25,000.00 • lct,u, '-""' F"""" R•mowl and R.,,i.a.m.nr ~ S20.25 $8.075.00 SS4JJO ~tlL200JXI sao.oo '24,000.00 11!3,88_ $1$,1_511,00 S1_00.00 $3Jl,oooJJO $7llJJO $21,000.00 9 IMo.bilzationlQ_enwbizaticm t,s 123,43:UO '23,433.20 $18,000.00 _S,tB,_QOl),_Q!)_ -""""" .11_8~ !l_uaom ~.0001'0 !100,000,!)C!_ _IJMJIOIUlO 19_!~,............, LS s_1~..25_ !1_4J!Z!,21i_ 112.JJJO.OO ~OD.OD ~500.00 '2.500.00 S58,315.71 SSB_215.71 SS,000.00 15,000.00 $100,000.00 $100,000.00 $750,33'.71 $775.SOO.OO $1111!;.000.00 - Tc,Jal Aa_Roocl_ $519,11_12.70 S629,950.00 t,48.220.00- TotalMConeclad $579.931~ J829.85ll.OO ~olU20.00 $750.334.71 $775,llOOJJO 1985000.00 BID-TAB