R-1972 - 12/14/2021 - BATH & TENNIS - Resolutions (2) THE VILLAGE OF OAK BROOK
COOK AND DUPAGE COUNTIES, ILLINOIS
RESOLUTION
NUMBER 2021-SC-B&T/P-AG-R-1972
A RESOLUTION
APPROVING AND AUTHORIZING
THE EXECUTION OF A CONTRACT
BY AND BETWEEN
THE VILLAGE OF OAK BROOK AND
SCHAEFGES BROTHERS, INC. FOR THE BATH & TENNIS
CLUB HIGH DIVE STAND REPAIR 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 14th day of December, 2021
RESOLUTION NO. 2021-SC-B&T/P-AG-R-1972
A RESOLUTION
APPROVING AND AUTHORIZING
THE EXECUTION OF A CONTRACT
BY AND BETWEEN
THE VILLAGE OF OAK BROOK AND
SCHAEFGES BROTHERS, INC. FOR THE
BATH & TENNIS CLUB HIGH DIVE STAND REPAIR 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, Schaefges Brothers, Inc. (hereinafter referred to as "Company") specializes
in concrete and masonry repairs;
WHEREAS, the Village is in need of having repairs and replacements made to the high
dive pool stand structure including numerous anchoring points in the concrete support system in
order to allow the high dive to pass the required safety inspection and reopen for the 2022 season;
WHEREAS,the Village entered into discussions with several concrete specialists and pool
construction companies and Company was the only one that pursued the Village's repair and
replacemnt options, Company further stated that due to several commitments for 2022, Company
would need to have the order in place prior to committing to a time slot to their 2022 spring
calendar; and
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 contract with Schaefges
Brothers, Inc. 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 Contract
The Village hereby approves the contract substantially in the form attached hereto and
made a part hereof collectively as Exhibit A.
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Section Three—Authorization and Direction
The Village Manager is hereby authorized to execute, and the Village Clerk is hereby
authorized to attest the contract, substantially in the form of such contract 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 contract.
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 contract, additionally, the Village is authorized and directed to allocate and
spend all necessary funds to fulfill the requirements of the contract 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— Prevailing Wage Act
The successful bidder shall be required to comply with all of the terms and conditions of
the Illinois Prevailing Wage Act, to the extent that it applies.
Section Nine — Effective Date
This resolution shall be in full force and effect from and after its passage, approval and
publication as provided by law; provided, however, this resolution shall not take effect until the
Consent (a copy of which is attached hereto and made a part hereof as Exhibit B) is executed by
the successful bidder, thereby memorializing its understanding of the requirements of Prevailing
Wage Act and indemnifying the Village with respect to any violation of said Act. If the Consent is
not executed within sixty (60) days after passage and approval of this resolution, this resolution
shall be void and of no force or effect, and any such approvals contained herein shall hereby be
terminated.
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Section Ten - Publication
This resolution shall be published in book or pamphlet form as provided by the Illinois
Municipal Code.
Section Eleven—Conflict Clause
All resolutions, parts of resolutions or board actions in conflict herewith are hereby repealed
to the extent of such conflict.
Section Twelve—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 Thirteen—Recording
This resolution shall be entered into the minutes and upon the journals of the Board of
Trustees of the Village of Oak Brook.
PASSED THIS 14th day of December 2021.
Ayes:
Trustees Herman, Manzo, Nagle, Reddy, Tiesenga, Yusuf
Nays: None
Absent: None
APPROVED THIS 14th day of December 2021.
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Gopal G. Lalmalani
Village President
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A �IF U��
TTEST: �,.P d�
4A�o"XULL'a4 .
Charlotte K. Pruss
Village Clerk
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Exhibit A
Contact
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Exhibit B
Consent
The undersigned, as the authorized
representative for , (hereinafter
referred to as the "Successful Bidder"), having read a copy of this resolution in full, do hereby
understand the terms and conditions of the contract and the related requirements of the Prevailing
Wage Act and hereby accept, concur, and agree to comply with all of the requirements thereunder
including but not limited to the Prevailing Wage Act to the extent that it may apply.
In addition, the Successful Bidder further agrees to fully indemnify and hold harmless the
Village of Oak Brook for any and all liabilities and/or penalties that may be assessed for any
violation that may be assessed or charged pursuant to the Prevailing Wage Act. The Successful
Bidder further agrees to pay any and all of the Village of Oak Brook's attorney's fees associated
with any defense associated with an alleged violation of the Prevailing Wage Act that may arise
as result of the award of this contract/project and the work performed by the Successful Bidder
thereunder. This consent shall be binding upon all parties in interest and all successors and
assigns.
DATED this day of 20
By:
Its:
SUBSCRIBED AND SWORN to before me
this day of 20
(SEAL)
Notary Public
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i
r. .'
1 REVIEW OF CONTRACTS
j Awardin A e p
e f Con act:
! De j� t: Program/Account Number:
Aw rde Contract /P,,nce. � �u_dg;ted Amount:
is D . � / OD
71Under $20,000 ❑ $500,001 - $1,000,000
{
❑ $20,000 - $500,000 ❑ Over $1,000,000
I
I
Name: Date: }
Name:
Date:
Name:
Date:
Name:
Date:
❑ Three (3) Originals signed by other party Date/Initials
❑ Original provided to staff member for other party Date/Initials 1
❑ Original provided to Official Files Date/Initials
Village of Oak Brook 1 Approved by Board of Trustees- Date/Initials: ____