RESOLUTION NO. R-83-2020

A RESOLUTION APPROVING CHANGE ORDER NO. 11
TO THE CONTRACT WITH B-MAX, INC. FOR
ELECTRIC DISTRIBUTION SYSTEM WORK 

   WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution authorizes the Village of Winnetka (“Village”) to contract with individuals, associations, and corporations in any manner not prohibited by law or ordinance; and

   WHEREAS, on April 19, 2016, the Village Council approved Resolution R-23-2016 authorizing the Village to enter into a contract (“Contract”) with B-Max, Inc. (“Contractor”)for the performance of directional boring, equipment pad installation, splice box installation, conduit installation, and related work necessary to maintain and support the Village’s electric distribution system (“Work”) during the period of June 1, 2016 to May 31, 2017 (“Term”); and

   WHEREAS, the Village has on multiple occasions extended the Term of the Contract, and did so most recently through May 31, 2021 pursuant to Resolution R-20-2020, which extensions locked in pricing; and

   WHEREAS, the Village previously approved an expenditure of $425,000 for Work to be performed this year; and

   WHEREAS, the Village has expended $388,191 this year under the Contract and desires to authorize the expenditure of: (i) an additional $50,000 for Work during the remainder of Fiscal Year 2020; and (ii) an additional $200,000 for Work during the period of January 1, 2021 through May 31, 2021 (collectively, the “Additional Work”); and

   WHEREAS, the Contractor has agreed to do the Additional Work pursuant to a change order (“Change Order No. 11”); and

   WHEREAS, pursuant to Sections 4.12.010.A and 4.12.010.C of the Village Code, the Village Council has determined that it is in the best interests of the Village to enter Change Order No. 11 with Contractor;

   NOW, THEREFORE, BE IT RESOLVED, by the Council of the Village of Winnetka, Cook County, Illinois, as follows:

   SECTION 1:   RECITALS. The Village Council hereby adopts the foregoing recitals as its findings, as if fully set forth herein.

   SECTION 2:   APPROVAL OF CHANGE ORDER NO. 11. The Village Council hereby approves Change Order No. 11 to authorize the Additional Work from the Contractor pursuant to the terms of the Contract.

   SECTION 3:   AUTHORIZATION TO EXECUTE CHANGE ORDER NO. 11. The Village Council hereby authorizes and directs the Village President and the Village Clerk to execute and attest, respectively, on behalf of the Village, Change Order No. 11, which shall be in a final form approved by the Village Manager.

   SECTION 4:    EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law.

   ADOPTED this 15th day of December 2020, pursuant to the following roll call vote:

      AYES:   Trustees Apatoff, Coladarci, Cripe, Dearborn, Lanphier and Swierk       

      NAYS:   None                               

      ABSENT:   None.                           

   Signed:

   s/Chris Rintz   

   Village President

Countersigned:

s/Robert M. Bahan   

Village Clerk