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R-22-07VILLAGE OF DEERFIELD RESOLUTION NO. R-22-07 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') 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's 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 ("Contract'); 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 substantially the form attached to this {00124645.1} Resolution as 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: Benton, Jacoby, Jester, Metts-Childers, Oppenheim, Seiden NAYS: None ABSTAIN: None ABSENT: None PASSED: February 7, 2022 APPROVED: February 8, 2022 RESOLUTION NO. R-22-07 Daniel C. Shapiro, Mayor ATTEST: Kent S. Street, Village berk {00124645.11 EXHIBIT A CONTRACT {00124645.1) r ,1 TIjE \/LLIAGE OF DEERF IELD AGR-EEMENT BETWEEN OWNER A}ID CONTRACTOR THIS AGREEMENT is dated as of the 7th day of February in the year 2022by and between the Village of Deerfield (hereinafter called Owner) and VISU Seuter, I-ng. (hereinafter called Contractor) for the 2022 Storm Sewer Lining Program. Ownqr and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follorvs: Article 1. CONTRACT DOCUMENTS 1.1 The Contract Documents which comprise the entire agreement betu,een Oumer and Contractor concerning the Work consist of the follou'ing: 1'his Agreernent; Specifications bearing the title GIINBRAL CONDIII_Q-NS.$ID--SPECIAL CONDUIONS; Instructions to Bidders; Non-Collusion certificate; Non-Discrim ination Certificate Addenda, if any; Subcontractor's Clertifi cates (if any); Contractor's Bid Proposal; and Other documents attached to the Agreement including but not limited to insurance, surcty, bonds and financial information. L,2 There are no Contract Documents other than those listed above in this Article l. 'l'he Contact Documents may only be amended, modified or supplemented by Change Order approved, in writing, by the Owner and Contractor Articlc 2. WORK Contractor shall complete all Work as specified or indicated in the Contract Documents. If the Contractor fails to correct defective Work or persistently fails to carr), out the Work in accordancc with the Contract Documents, the Owner, by a written order, may direct the Contractor to stop thc Work, or any portion thereof. until the cause for such order has becn eliminated; horvever, this right of the Orr.ner to siop ttre Work shall not givc 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. if thc Contractor defaults or neglects to carry out the Work in accordance u,lth the Contract Documents and fails rvithin 7 days after rcceipt of u.rittcn notice from the Ouner to commence 2.1 )', 2.3 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 noticc and without prejudice to any other remedy he may have. make good such deficiencies. ln such case zu1 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 zrmount, the Contractor shall pay the difference to the Owner. Afticle 3. EFFf,CTM DATE The term of this Contract shall begin February 7,2022 and end December 31,2022. All lining work for this Contract shall be completed by Seplember 30, 2022. All PACP coded files shall be received hy December 31,2022. Article 4. CONTRACT PRICE Oumer shall pay Contractor for completion of the Wor*. in accordance u,ith thc Contract Documents. Article 5. CONTRACTOR'S REPRESENTATIONS In order to induce Or.r,ner to enter into this Agreemen! Contractor makes the following representations: 5.1 Contractor has familiarized itself u'ith thc nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Lau,s and Regulations that in arly manner may affect cost, progress, perfcrrmance or li-unishing 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 bl,Owner is acceptable to Contractor. IN WITNESS WHEREOF, Owner and Contrastor have signed this Agreement in duplicate. One counterpalt each has been delivered to Owner and Contractor. AII portions of the Contract Documents have been signed or identified by Ou,ner and Contractor. VILL|GE OF DEERFIELD CONTRACTOR C'gK'ArioEs If a btoRoo*rr. sEAL By Attest M ',4utfutrized Siynulorv rnE-< s. sEtrE-eTlct{ 9J.9.-.s&, Attest CoePo aATE SecrzeTfrLj