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R-1916 - 06/22/2021 - ENGINEERING - Resolutions THE VILLAGE OF OAK BROOK COOK AND DUPAGE COUNTIES, ILLINOIS RESOLUTION 2021-ENG-DESIGN-AG-EX-R-1916 A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE VILLAGE OF OAK BROOK AND BURKE,LLC. FOR THE BROOK FOREST SUBDIVISION PHASE IV SECTION OF THE 2021 WATER DISTRIBUTION IMPROVEMENTS PROJECT GOPAL G. LALMALANI, Village President CHARLOTTE K. PRUSS, Village Clerk LAURENCE HERMAN MICHAEL MANZO JAMES NAGLE A. SURESH REDDY EDWARD TIESENGA ASIF YUSUF Village Board Published in pamphlet form by authority of the President and the Board of Trustees of the Village of Oak Brook on this the 22nd day of June 2021 RESOLUTION NO. 2021-ENG-DESIGN-AG-EX-R-1916 A RESOLUTION APROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE VILLAGE OF OAK BROOK AND BURKE,LLC.FOR THE BROOK FOREST SUBDIVISION PHASE IV SECTION OF THE 2021 WATER DISTRIBUTION IMPROVEMENTS PROJECT WHEREAS,the Village of Oak Brook is a municipal corporation with authority provided for and granted pursuant to the Illinois Municipal Code to exercise certain powers and perform certain functions pertaining to its local government and affairs; WHEREAS,the Village of Oak Brook(hereinafter referred to as"Village")upon approval of the corporate authorities may enter into an Agreement with another party pursuant to Illinois Statute; WHEREAS,Burke,LLC.(hereinafter referred to as"Engineer")is an engineering company that is a full-service engineering company, professional services include but are not limited to design and construction engineering services; WHEREAS,as part of the 2021 Budget,staff had proposed several Capital Improvement Projects and the Village previously approved the Engineer to start the Design Services, Plan Specification and Estimating for the Brook Forest Subdivision Phase IV Section of the 2021 Water Distribution Improvements Project; WHEREAS,this project referenced herein was scheduled for a Designer-Led Design-Build contract and as a result the Village now seeks to complete this project; WHEREAS,the Village of Oak Brook Corporate Authorities are of the opinion that it is in the best interests of the Village of Oak Brook to enter into the attached agreement with Burke, LLC.,for the purposes referenced herein. NOW,THEREFORE, BE IT RESOLVED by the Village President and Board of Trustees of the Village of Oak Brook,DuPage and Cook Counties,Illinois as follows: Section One—Recitals The Corporate Authorities hereby find that all of the recitals hereinbefore stated as contained in the preamble to this Resolution are full,true and correct and do hereby,by reference, incorporate and make them part of this Resolution as legislative findings. Section Two—Approval of Agreement The Village hereby approves the Agreement substantially in the form attached hereto and made a part hereof collectively as Exhibit A. 2 Section Three—Authorization and Direction The Village Manager is hereby authorized to execute, and the Village Clerk is hereby authorized to attest the Agreement,substantially in the form of such agreement attached hereto as Exhibit A, with such changes therein as shall be approved by the Village Attorney and the officials of the Village executing the same,their execution thereof to constitute exclusive evidence of their approval to any and all changes or revisions therein from and after the execution and delivery of such Agreement. Section Four-Other Actions Authorized The officers, employees and/or agents of the Village shall take all actions necessary or reasonably required to carry out and give effect to the intent of this Resolution and otherwise to consummate the transactions contemplated herein, and shall take all actions necessary in conformity therewith including, without limitation, the execution and delivery of all documents required to be delivered in connection with the transaction contemplated herein. Section Five-Authorization of Expenditures The Corporate Authorities hereby authorize and direct the expenditure of all costs related to the execution of the Agreement,additionally,the Village is authorized and directed to allocate and spend all necessary funds to fulfill the requirements of the Agreement and of this Resolution. Section Six—Waiver of Bidding Process To the extent that any requirement of bidding would be applicable to the transactions contemplated hereunder,the same is hereby waived. Section Seven-Acts of Village Officials That all past,present and future acts and doings of the officials of the Village that are in conformity with the purpose and intent of this resolution are hereby, in all respects, ratified, approved,authorized and confirmed. Section Eight—Effective Date This resolution shall be in full force and effect from and after its passage, approval and publication as provided by law. Section Nine-Publication This resolution shall be published in book or pamphlet form as provided by the Illinois Municipal Code. Section Ten—Conflict Clause All resolutions,parts of resolutions or board actions in conflict herewith are hereby repealed to the extent of such conflict. 3 Section Eleven — Saving Clause If any section, paragraph, clause or provision of this resolution is declared by a court of law to be invalid or unconstitutional, the invalidity or unconstitutionality thereof shall not affect the validity of any other provisions of this resolution, which are hereby declared to be separable. Section Twelve— Recording This resolution shall be entered into the minutes and upon the journals of the Board of Trustees of the Village of Oak Brook. 4 APPROVED THIS 22nd day of June 2021 / Gopal G.Lalmalani Village President PASSED THIS 22nd day of June 2021 Ayes: Trustees Herman,Manzo,Nagle,Reddy,Tiesenga,Yusuf Nays: None Absent: None ATTEST://!pG 0 F 0.44.p9 ,a O Charlotte K.Pruss ti Village Clerk A o Z� 9C�CDUN71 5 Exhibit A Agreement 6 REVIEW OF CONTRACTS Awarding Agen ype of Contract: DeP artm Program/Accoun Number: Awa a Contract Price: dgeted Amount: ❑ Under$20,000 0 $500,001 - $1,000,000 ❑ $20,000-$500,000 Over$1,000,000 r•wt� (fib mom t �Da,1 tA-)U* - maX� son Name: Date: a Name: Date: Name: Dater-421_ j, Name: Date (� Three (3) Originals signed by other party Date/Initials F-j Original provided to staff member for other party Date/Initials CJ Original provided to Official Files Date/Initials village of Oak Brook 'Approved by Beard of Trustees- Date/Initials