R-21-46VILLAGE OF DEERFIELD
RESOLUTION NO. 2021- R-21-46
A RESOLUTION APPROVING AN AWARD OF CONTRACT FOR
THE LANDSCAPE MAINTENANCE TO MILIEU DESIGN, LLC.
OF WHEELING, ILLINOIS
WHEREAS, the Village of Deerfield ("Village') is a home rule municipality in
accordance with Article VII, Section 6 of the Constitution of the State of Illinois of 1970; and
WHEREAS, on November 19, 2021, the Village sought bids for the award of a contract
for Landscape Maintenance ("Contract'); and
WHEREAS, Milieu Design, LLC., of Wheeling, Illinois ("Contractor'), was the lowest
responsible and responsive bidder of the firms that submitted bid packages to the Village for
the Contract; and
WHEREAS, the Mayor and Board of Trustees have determined that entering into the
Contract with Contractor will serve and be in the best interest of the Village and its residents;
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE BOARD OF
DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows:
SECTION 1: RECITALS. The Village Board hereby adopts the foregoing recitals as
its findings, as if fully set forth herein.
SECTION 2: APPROVAL OF CONTRACT. The Contract by and between the
Village and Consultant is hereby approved in substantially the form attached to this
Resolution as Exhibit A, and in a final form and substance acceptable to the Village Manager
and the Village Attorney.
SECTION 3: AUTHORIZATION TO EXECUTE CONTRACT. The Mayor and the
Village Clerk are hereby authorized and directed to execute and attest, on behalf of the
Village, the final Contract upon receipt by the Village Clerk of at least one original copy of
the final Contract executed by Consultant; provided, however, that if the executed copy of the
final Contract is not received by the Village Clerk within 60 days after the effective date of
this Resolution, then this authority to execute and attest will, at the option of the Mayor and
Board of Trustees, be null and void.
SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect
from and after its passage and approval according to law.
[SIGNATURE PAGE FOLLOWS]
100120922.11
AYES: Benton, Jacoby, Jester, Metts-Childers, Oppenheim, Seiden
NAYS: None
ABSTAIN: None
ABSENT: None
PASSED: December 6, 2021
APPROVED: December 7, 2021
RESOLUTION NO:
Daniel C. Shapiro, Mayor
ATTEST:
Kent S: Street, Village Clerk
{00120922.11
EXHIBIT A
Contract
{00120922.1)
THE rV,lGE OFDEItftLD
AGREEMENT BETWEEN OWNER AND CONTRACTOR
THIS AGREEMENT is dated as of the 6th day of December in the year 2021 by and between the Village
of Deerfield (hereinafter called Owner) and Milieu Design. LLC. (hereinafter called Contractor) for the
2022 Landscape Maintenance. Owner and Contractor, in consideration of the mutual covenants
hereinafter set forth, agree as follows:
Article 1. CONTRACT DOCUMENTS
1.1 The Contract Documents which comprise the entire agreement between Owner and Contractor
concerning the Work consist of the following:
This Agreement;
Specifications bearing the title GENERAL CONDITIONS AND SPECIAL CONDITIONS;
Instructions to Bidders;
Non -Collusion certificate;
Non -Discrimination Certificate
Addenda, if any;
Subcontractor's Certificates (if any);
Contractor's Bid Proposal; and
Other documents attached to the Agreement including but not limited to insurance, surety, bonds
and financial information.
1.2 There are no Contract Documents other than those listed above in this Article 1. The Contract
Documents may only be amended, modified or supplemented by Change Order approved, in
writing, by the Owner and Contractor.
Article 2. WORK
2.1 Contractor shall complete all Work as specified or indicated in the Contract Documents.
2.2 If the Contractor fails to correct defective Work or persistently fails to carry out the Work in
accordance with the Contract Documents, the Owner, by a written order, may direct the
Contractor to stop the Work, or any portion thereof, until the cause for such order has been
eliminated; however, this right of the Owner to stop the Work shall not give rise to any duty on
the part of the Owner to exercise this right for the benefit of the Contractor or any other person or
entity.
2.3 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract
Documents and fails within 7 days after receipt of written notice from the Owner to commence
and continue correction of such default or neglect with diligence and promptness, the Ouner may,
after 7 days followilg receipt by the Contractor of an additional written notic€ and without
prejudice to any other remedy he may have, male good such deficiencios. In such case an
appropriate deduction may be taken by Owner from the palments then or thereafter due the
Contractor for the cost of correcting such deficiencies. If the palments then or thereafter due the
Contractor are not sumci€nt to cover such amount, the Contractor shall pay the difference to the
Owner.
Article 3. EFFECTM DATE
The term of this Contract shall be one (l) year commencing January l, 2022.
Article 4. CONTRACT PRICE
owner shall oav Contraclor for gqgpletion of the Work in accordance with the Contract Documents.
Article 5. CONTRACTOR'S REPRESENTATIONS
ln order to induce Owner to enter into this Agreement, Contractor makes the following representations:
5.1 Contractor has familiarize.d itself with the nau[e and extent of the Contract Documents, Worh
site, locality, and all local conditions and Laws and Regulations that in any manner may affect
mst, progress, performance or frnnishing of the Work.
52 Contractor has given Owner written notice of all conflicts, errors or discrepancies that he has
discovered in the Contract Doouments and the writton resolution thereof by Owner is acceptable
to Contractor.
IN WITNESS WHEREOI., Owner and Contractor have signed this Agreement in duplicate. One
counterpart each has been delivered to Owner and Contractor. All portions ofthe Contact Documents
have been signed or identified by Owner and Contractor.
VILLAGE OF DEERFIELD CONTRACTOR
Village President
CORPORATE SEAL
Authorized Signatory
If a corporation, affix COMORATE SEAL
a
at