R-22-85VILLAGE OF DEERFIELD
RESOLUTION NO. 2022 R-22-85
A RESOLUTION WAIVING THE COMPETITIVE BIDDING REQUIREMENTS
AND APPROVING A CONTRACT WITH VISU-SEWER OF ILLINOIS OF
BRIDGEVIEW, ILLINOIS FOR SEWER LINING WORK
WHEREAS, the Village of Deerfield ("Village's is a home rule municipality in
accordance with Article VII, Section 6 of the Constitution of the State of Illinois of 1970; and
WHEREAS, the Village Public Works Department desires to retain a company to
clean, televise, and reline storm sewers in the Village to ensure the storm sewers are
operating at full capacity and to prevent costly emergency repairs ("Storm Sewer Lining);
and
WHEREAS, the Village previously solicited competitive bids for cleaning, televising,
and relining sanitary sewers in the Village ("Sanitary Sewer Lining'), for which Visu-
Sewer of Illinois ("Contractor') was the lowest responsive bidder; and
WHEREAS, the Work is not adaptable to competitive bidding because it is most
efficient to utilize the same contractor for the Sanitary Sewer Lining and the Storm Sewer
Lining; and
WHEREAS, pursuant to Section 9-16 the "Municipal Code of the Village of Deerfield,
Illinois, 1975," as amended ("Village Code', the bidding requirements may be waived for
contracts for supplies and services available from a single source or, which by their nature,
are not adaptable to competitive bidding; and
WHEREAS, Contractor has proposed to perform the Storm Sewer Lining for a price
not to exceed $75,000.00 ("Con.tract'�; and
WHEREAS, the Mayor and Board of Trustees have determined that waiving bidding
and 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 THE
VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows: .
SECTION ONE: RECITALS. The foregoing recitals are incorporated into, and
made a part of, this Resolution as findings of the Village Board.
SECTION TWO: WAIVER OF COMPETITIVE BIDDING REQUIREMENT.
Pursuant to Section 9-16 of the Village Code and the Village's home rule authority, the
Village Board waives the requirement of competitive bidding for the Storm Sewer Lining.
SECTION THREE: APPROVAL OF CONTRACT. The Contract by and between
the Village and Contractor is hereby approved in the form attached to this Resolution as
{00124645.1}
Exhibit A, and in a final form and substance acceptable to the Village Manager and the
Village Attorney.
SECTION 4: 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 Contractor; 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 FIVE: EFFECTIVE DATE. This Resolution shall be in full force and
effect from and after its passage, by a vote of two-thirds of the Village Board, and approval
in the manner provided by law.
AYES: Berg, Jacoby, Oppenheim, Seiden, Shapiro
NAYS: None
ABSTAIN: None
ABSENT: Benton, Metts-Childers
PASSED: December 19, 2022
APPROVED: December 19, 2022
RESOLUTION NO. R-22-85 I
Daniel C. Shapiro, Mayor
ATTEST:
Kent S. Street, Village Clerk
{00124645.1)
EXHIBIT A
CONTRACT
{00124645.1}
THE VW E OF
DE I -LD
AGREEMENT BETWEEN OWNER AND CONTRACTOR
THIS AGREEMENT is dated as of the 19th day of December in the year 2022 by and between the
Village of Deerfield (hereinafter called Owner) and VISU Sewer Inc. (hereinafter called Contractor) for
the 2023 Storm Sewer Lining Program. 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 Owner may,
after 7 days following receipt by the Contractor of an additional written notice and without
prejudice to any other remedy he may have, make good such deficiencies. In such case an
appropriate deduction may be taken by Owner from the payments then or thereafter due the
Contractor for the cost of correcting such deficiencies. If the payments then or thereafter due the
Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the
Owner.
Article 3. EFFECTIVE DATE
The term of this Contract shall begin January 1, 2023 and end December 31, 2023.
All lining work for this Contract shall be completed by July 1, 2023. All PACP coded files shall be
received by December 31, 2023.
Article 4. CONTRACT PRICE
Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents.
Article 5. CONTRACTOR'S REPRESENTATIONS
In order to induce Owner to enter into this Agreement, Contractor makes the following representations:
5.1 Contractor has familiarized itself with the nature and extent of the Contract Documents, Work,
site, locality, and all local conditions and Laws and Regulations that in any manner may affect
cost, progress, performance or furnishing of the Work.
5.2 Contractor has given Owner written notice of all conflicts, errors or discrepancies that he has
discovered in the Contract Documents and the written resolution thereof by Owner is acceptable
to Contractor.
LV WITNESS YVHEREOF, Owner and Contractor have signed this Agreement in duplicate. One
counterpart each has been delivered to Owner and Contractor. All portions of the Contract Documents
have been signed or identified by Owner and Contractor.
PILLAGE OF DEERFIELD
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CONTRACTOR.
Authorized Signatory
If a corporation, affix CORPORATE SEAL
Attest Attest
fllage Clerk Authorized Signatory
and continue correction of such default or neglect with diligence and promptness, the Owner may,
after 7 days following receipt by the Contractor of an additional written notice and without
prejudice to any other remedy he may have, make good such deficiencies. In such case an
appropriate deduction may be taken by Owner from the payments then or thereafter due the
Contractor for the cost of correcting such deficiencies. If the payments then or thereafter due the
Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the
Owner.
Article 3. EFFECTIVE DATE
The term of this Contract shall begin January 1, 2023 and end December 31, 2023.
All lining work for this Contract shall be completed by July 1, 2023. All PACP coded files shall be
received by December 31, 2023.
Article 4. CONTRACT PRICE
Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents.
Article 5. CONTRACTOR'S REPRESENTATIONS
In order to induce Owner to enter into this Agreement, Contractor makes the following representations:
5.1 Contractor has familiarized itself with the nature and extent of the Contract Documents, Work,
site, locality, and all local conditions and Laws and Regulations that in any manner may affect
cost, progress, performance or furnishing of the Work.
5.2 Contractor has given Owner written notice of all conflicts, errors or discrepancies that he has
discovered in the Contract Documents and the written resolution thereof by Owner is acceptable
to Contractor.
IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in duplicate. One
counterpart each has been delivered to Owner and Contractor. All portions of the Contract Documents
have been signed or identified by Owner and Contractor.
VILLAGE OF DEERFIELD
Village President
CORPORATESEAL
CONTRACTOR
By .tom
Authorized Signatory
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If a corporation, affix CORPORATE SEAL
Attest Attest � ) XL-,
Village Clerk Authorized Signatory
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