ORDINANCE NO.  21-3031
 
ORDINANCE NO.  21-3031
 
VOTE: Passed by an omnibus vote. 
Voting aye:  Trustees Tyrrell, Rudolph,
Lewis, John, Fink, Chen and President
Gallagher._______________________ 
Voting nay: None._________________
   
DATE: January 25, 2021_____________
 
OTHER: Published in pamphlet form.
ELECTRONIC MEETING:    Mandatory Roll Call Vote. President Alice Gallagher, Village
Manager Ingrid Velkme and Village Attorney Michael Jurusik were physically present at Village Hall during the Meeting. 
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF CHANGE ORDER NO. 1 TO CONTRACT ENTERED INTO BETWEEN THE VILLAGE OF WESTERN SPRINGS AND G&M CEMENT CONSTRUCTION, INC. FOR 2020 PROSPECT AVENUE IMPROVEMENTS PROJECT.
WHEREAS, the President and Board of Trustees of the Village of Western Springs (“Corporate Authorities” or “Village”) previously approved a contract with G&M Cement Construction, Inc. (“Contractor”) to perform work relating to the 2020 Prospect Avenue Improvements Project, which is part of the 2020 Roadway Program (“Project”). The original amount of the Project Contract, approved by the Village, was equal to One Million Thirty-Nine Thousand Four Hundred Seven and 99/100 Dollars ($1,039,407.99) (“Project Contract Price”). The Project was completed in 2020; and
 
   WHEREAS, the final Contract cost of the Project is One Million One Hundred Fifteen Thousand One Hundred Forty-Three and 11/100 Dollars ($1,115,143.11) (“Amended Project Contract Price”), which is anincrease of the Project Contract Price by seven percent (7%). Whenever the original contract price of a public works project contract increases or decreases in excess of $10,000.00, a change order must be approved by the Corporate Authorities of the Village. For this Project, the Corporate Authorities of the Village are required to approve a Change Order in the amount of Seventy-Five Thousand Seven Hundred Thirty-Five and 12/100 Dollars ($75,735.12) (“Change Order No. 1”). A copy of Change Order No. 1 is attached hereto as Exhibit “A” and made a part hereof; and
 
WHEREAS, at an open, public meeting held on January 8, 2021, the Public Works and Water Committee reviewed the terms of the attached Change Order No. 1 and received input from the Village staff and the public, and then the Committee favorably recommended that the Village Board approve Change Order No. 1; and
 
   WHEREAS, based on the recommendations of Village Staffand the Project Engineer, the Corporate Authorities of the Village make the following findings and determinations in accordance with 720 ILCS 5/33E-9 (Criminal Code; Change Order Statute) regarding changes to the Project Contract:
 
Change Order No. 1 (or a series of change orders) increases the Project Contract Price by $10,000.00 or more.
 
Change Order No. 1 does not increase or decrease the Project Contract time by thirty (30) days or more.
 
3.  Change Order No. 1 (or a series of change orders): (a) is made necessary by circumstances not foreseeable at the time the Project Contract was signed; (b) is germane to the Project Contract as originally signed; and (c) is in the best interests of the Village.
 
In addition, the Corporate Authorities of the Village make the following finding and determination pursuant to Section 5 of the Public Works Contract Change Order Act (50 ILCS 525/5): the amount of Change Order No. 1 (or a series of change orders) does not increase the original Project Contract Price by 50% or more and thus the Village is not obligated to re-bid the additional work proposed under Change Order No. 1; and
 
WHEREAS, the Corporate Authorities of the Village of Western Springs, pursuant to their powers as provided by 720 ILCS 5/33E-9, have the authority to approve Change Order No. 1 because it relates to a public project and is for a public purpose.
 
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF WESTERN SPRINGS, COOK COUNTY, ILLINOIS, as follows:
 
   SECTION 1: Each Whereas paragraph above is incorporated by reference into this Section 1 and made a part hereof as material and operative provisions of this Ordinance.
 
   SECTION 2:The Corporate Authorities of the Village of Western Springs approve Change Order No. 1 to the Project Contract Price in an amount equal to Seventy-Five Thousand Seven Hundred Thirty-Five and 12/100 Dollars ($75,735.12) and direct the Village President, Village Clerk and Project Engineer, or their designees, to execute Change Order No. 1 and any other necessary documents to implement Change Order No. 1.
 
SECTION 3: This Ordinance shall become effective after its passage, approval and publication as provided by State law.
 
 
   PASSED by the Corporate Authorities of the Village of Western Springs, Cook County, Illinois on a roll call vote at a Special Meeting thereof held on the 25th day of January, 2021, and approved by me as Village President, and attested by the Village Clerk on the same day.
 
   
                     ____________________________________
                     Alice F. Gallagher, Village President
 
ATTEST:
 
 
_____________________________
James Horvath, Acting Village Clerk
 
Exhibit “A”
 
Change Order No. 1
 
(attached)
 
STATE OF ILLINOIS     )
)  SS
COUNTY OF C O O K    ) 
 
CLERK'S CERTIFICATE
 
   I, James Horvath, Acting Village Clerk of the Village of Western Springs, Cook County, Illinois, certify that attached hereto is a true and correct copy of the Ordinancenow on file in my office, entitled:
 
ORDINANCE NO.  21-_______
 
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF CHANGE ORDER NO. 1 TO CONTRACT ENTERED INTO BETWEEN THE VILLAGE OF WESTERN SPRINGS AND G&M CEMENT CONSTRUCTION, INC. FOR 2020 PROSPECT AVENUE IMPROVEMENTS PROJECT
 
which was passed by a roll call vote of the Board of Trustees of the Village of Western Springs at a Special Meeting held on the 25th day of January, 2021, at which meeting a quorum was present, and approved by the President of the Village of Western Springs on the 25th day of January, 2021.
 
   I further certify that the roll call vote on the question of the passage of said Ordinance by the Board of Trustees of the Village of Western Springs was taken by the Ayes and Nays and recorded in the Journal of Proceedings of the Board of Trustees of the Village of Western Springs, and that the result of said vote was as follows, to-wit:
 
   AYES:_______________________________________________________
 
      NAYS:_______________________________________________________
 
ABSENT:_____________________________________________________
 
   I do further certify that the original Ordinance, of which the attached is a true copy, is entrusted to my care for safekeeping, and that I am the lawful keeper of the same.
 
   IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Village of Western Springs, this 25th day of January, 2021.
 
 
                     ___________________________________
                                        James Horvath, Acting Village Clerk
 
[SEAL]