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R-1978 - 12/14/2021 - GOLF - Resolutions THE VILLAGE OF OAK BROOK COOK AND DUPAGE COUNTIES, ILLINOIS RESOLUTION NUMBER 2021-GOLF-AG-LGHT-R-1978 A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF A CONTRACT BY AND BETWEEN THE VILLAGE OF OAK BROOK AND UTILITY DYNAMICS CORPORATION FOR THE GOLF CLUB PARKING LOT LIGHTING 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 14th day of December 2021 RESOLUTION NO. 2021-GOLF-AG-LGHT-R-1978 A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF A CONTRACT BY AND BETWEEN THE VILLAGE OF OAK BROOK AND UTILITY DYNAMICS CORPORATION FOR THE GOLF CLUB PARKING LOT LIGHTING 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 a contract with another party pursuant to Illinois Statute; WHEREAS, the Village pursuant to the requirements of the Illinois Municipal Code previously advertised for and received sealed bids regarding the Golf Club Parking Lot Lighting Improvements Project (hereinafter referred to as the "Project"); WHEREAS,the bids for the Project referenced herein were opened and read on Thursday, December 2, 2021 at the Oak Brook Village Hall, 1200 Oak Brook Road, Oak Brook, Illinois, 60523; WHEREAS, sealed bids were received and reviewed by the Village of Oak Brook Staff and the Village's Engineer, a copy of Letter of Recommendation listing the bidders and the respective bid amounts is attached hereto and made a part hereof as Exhibit A; WHEREAS, it is the recommendation of the Village of Oak Brook Staff and Village Engineer to award the contract to the lowest responsible bidder, Utility Dynamics Corporation - $128,420.00 a copy of the contract is attached hereto along with and pursuant to the restrictions, regulations and plans as provided in the Village Engineer's Recommendation; and WHEREAS,the Village of Oak Brook Corporate Authorities feel that it is in the best interest of the Village of Oak Brook to award the contract to the lowest responsible bidder as provided for 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: 2 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 and Bid The Village hereby accepts the bid from the bidder set forth herein as the lowest responsible bidder and approves the contract substantially in the form attached hereto as Exhibit B, and directs the Village Manager to negotiate final terms, if any, with the advice of the Village Attorney. 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 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 - 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 Seven — 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. 3 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; 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 C) 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. 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. 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. The Remainder of this Page has been Intentionally Left Blank/ Roll Call Vote to follow 4 PASSED THIS 1411 day of December 2021 Trustees Herman, Manzo, Nagle, Reddy, Tiesenga, Yusuf Ayes: Nays: None Absent: None APPROVED THIS 141h day of December 2021 01 Gopal G. Lalmalani Village President ATTEST: Charlotte K. Pruss G o Village Clerk .o �•� CF CQti NT's 5 Exhibit A Letter of Recommendation 6 Exhibit B Contract 7 Exhibit C 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 8 REVIEW OF CONTRACTS Awar in A ncy: Hype oo.Tf Contract: j C?j� Depa Program/Account Number: Aw rded Contract Pri e: Budgeted Amount. o Under $20,000 C] $500,001 - $1,000,000 $20,000 - $500,000 CJ Over $1,000,000 —1 —j—of 0 LXXKP-V� I Date: O� Name: Date: I Z 3 Z Name: Date: Name: Name: Date: l'L/ Three (3) Originals signed by other party Date/Initials [] Original provided to staff member for other party Date/Initials l iti Inas __ ____ Original provided to Official Files Date/ W village of Oak Brook I Approved by Board of'Trustees Date/Initials;_