HomeMy WebLinkAboutR-24-37VILLAGE OF DEERFIELD
RESOLUTION NO. 2024- R-24-37
A RESOLUTION APPROVING AN AGREEMENT WITH WE -BORE -IT, LLC OF
SPRING GROVE, ILLINOIS FOR
2024 STREET LIGHT SYSTEM UPGRADES SERVICES
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 desires to retain a qualified firm to provide Street Light
System Upgrades ("Services'); and
WHEREAS, the Village solicited proposals from qualified firms to complete the
Services ("RFP'); and
WHEREAS, the Village received two proposals to provide the Services; and
WHEREAS, the Village has determined that the proposal submitted by We -Bore -It,
LLC of Spring Grove, Illinois ("Consultant'), provided the proposal best meets the needs
of the Village based on the evaluation criteria set forth in the RFP; and
WHEREAS, the Village and Consultant. desire to enter into an agreement for the
provision of the Services by Consultant ("Agreement'); and
WHEREAS, the Mayor and Board of Trustees have determined that entering into
the Agreement with Consultant 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 AGREEMENT. The Agreement 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
Manger and the Village Attorney.
SECTION 3: AUTHORIZATION TO EXECUTE AGREEMENT. The Mayor and
the Village Clerk are hereby authorized and directed to execute and attest, on behalf of the
Village, the final Agreement upon receipt by the Village Clerk of at least one original copy
of the final Agreement executed by Consultant; provided, however, that if the executed copy
of the final Agreement 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.
100120936.11
SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect
from and after its passage and approval according to law.
AYES: Benton, Berg, Goldstone, Jacoby, Metts-Childers, Oppenheim
NAYS: None
ABSTAIN: None
ABSENT: None
PASSED: May 20, 2024
APPROVED: May 20, 2024
RESOLUTION NO: R-24-37
Danie C. Shapiro, Mayor
ATTEST:
Kent S. Street, Villa e Clerk
{00120936.1 }
EXHIBIT A
Agreement
100120936.11
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FINAL QUOTE AND ACCEPTANCE (FQA)
Kevin Gottschalk at Deerfield Public Works and Engineering,
We are pleased to provide the following fixed quote based on the information you have provided us to
date and our completed site survey at the following project location: 1144 Blackthorn Lane Deerfield, IL
60015
Scope of Work:
• Directional boring of 4,850 feet throughout the neighborhood as seen in the image included within
this document as part of an installation to bring conduit to light poles.
• Provide and place 1-1 1/4" (1.25") rolled HDPE conduit with pull tape within all footage.
• Provide and place 6-13" x 24" hand holes at designated locations.
• Depth of 24" is expected for installation of all conduits; under roads we will drop to 30" - 36" depth
as is typical.
• Crew to cut out existing sod as possible; set aside and put back after backfll/tamp. Dirt, seed,
and straw blanket where sod falls apart.
Project Assumptions: Unless otherwise stated in the above Scope of Work (SOW), We -Bore -It's
assumptions are being made and factor into the price and terms of service provided. Please review the
following project assumptions and notify We -Bore -It if you have any questions, comments, or concerns.
We assume that if this quote is for a prevailing wage project, if requested, We -Sore -It will act only
to facilitate the forwarding of certified payroll documentation from our authorized contracting
partner (ACP) to you, the customer.
2. We assume that there are no utilities to be crossed under the pavement, so no open cut or
restoration to the pavement will be required to complete this bore.
3. We assume all permits, local, state, and the government, will not be the responsibility of
We -Bore -It.
4. We assume that any site Engineering "if needed" will be paid for or provided by the Customer and
will not be the responsibility of We -Bore -It.
5. We assume that we will only be installing conduit or pipe and that we will not be pulling any wiring
and/or cable or making any connections to facilities; specifically, we will not be providing a "tracer
wire" used for locating buried assets (i.e., conduit, pipe, etc.).
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6. We assume we will not provide conduit, pipe, grouting, or other specialized materials unless
otherwise specified in the above scope of work.
7. We assume you will not require us to provide special restoration services in the areas where the
crew will work, such as plants, bushes, mulch, etc. The backfilling of excavated areas and
tamping of existing ground materials are standard.
8. We assume that the above -stated scope of work reflects in sufficient detail the scope of work
provided by you, the Customer. All work, services, and materials (if any) that We -Bore -It may or
may not be providing have been clearly outlined in our documentation, and you agree.*
9. We assume that bored or trenched areas do not contain excessive rock obstructions, concrete
obstructions, previous landfills, or solid rock.**
10. We assume we will not be responsible for locating or for any damages that may occur to any
private utilities and/or facilities that are not marked or exposed before arriving and/or digging.****
Your final quote price for this project is: $69,833.75
" The final -.uote . irice ; resented in this document is based on a 30-da; commitment window. We -Bore -It ctuotes that
exceed th4U days will be reviewed to ensure that the earlier pricing related to eguinment materials_ and labor costs
has not changed.
** The above -stated work scope outlines the work, services, and materials (if any) that We -Bore -It may or may not be
providing. The Customer should not assume that anything not specifically identified in the above work scope, related
to the aforementioned, is inclusive of the quoted price being forwarded in this document. We -Bore -It's pricing and
ability to meet customer expectations directly depend on the Customer being clear on what their project needs are -
any omissions or oversights outside of this agreement are the Customer's responsibility and may require an "adder"
or "requote" of the entire project.
*** Based on initial discussions and/or the site survey with the customer, the area is expected to have no excessive
rock, concrete, or previous landfill obstructions that would require specialized equipment to cut through to complete
the project. However, if it is determined by We -Bore -It and the Customer that rock cutting is required, an additional
"adder" will be needed to complete the project. The additional "adder" cost is aW included in today's quoted price.
This disclaimer is being provided to ensure complete transparency to the customer.
**** Private assets are the sole responsibility of the customer. Private assets that are not marked, identified, or are
untraceable (for example, water irrigation systems) may be at risk. All efforts will be made to avoid any damage. The
customer will be responsible for all parts and labor required to repair or replace the unmarked, unidentified, or
untraceable asset. Any deviation from this policy must be presented to WBI in writing and approved by an authorized
WBI associate. There will be no guarantee or warranty expressed or implied by WBI should this protocol be deviated
from.
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ITerms of Service
Contracts: All customers must sign this document before the project can commence. This document
clearly states the project scope, specifications, agreements, and payment terms. This document is a
binding legal agreement between the customer and We -Bore -It, LLC, and should be treated as such and
reviewed carefully.
Payment Terms: Please review the following Terms of Service and Agreement; if there are any
questions, please contact us immediately.
• New/Existing Accounts: A 50% down payment is due before the project is started. The
remaining 50% is due upon project completion and acceptance, as detailed under the
"INVOICING" section. All work beyond the original project scope will be accounted for separately
and invoiced separately. An early termination fee may apply if the customer cancels the project
before the start date. Should the customer decide to cancel the project after it has started, the
50% down payment will be forfeited. If more than 50% of the project has been completed upon
written notification of project cancellation, the customer remains responsible for any portion
completed and invoiced beyond the 50% down payment. (applicable when bank and trade
references are not fully established).
• Private Utility Locating: As a customer, you are solely responsible for the private locating of all
non-public utilities, underground assets, or obstructions. This includes but is not limited to private
water lines, gas lines, electric lines, communication lines, and other non-public utilities.
Unmarked, unidentified, or untraceable assets, such as water irrigation systems, may be at risk
despite our best efforts to prevent damage. It's important to note that the customer will bear all
costs associated with repairing or replacing these assets, including parts and labor. Please be
aware that failure to identify and locate these assets before the project starts could lead to delays,
additional costs, or asset damage. In such cases, we cannot be held liable. We -Bore -It will call
811 to have all public utilities marked.
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related to the customer -provided engineering details.
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Best Efforts Clause: In adherence with providing the Customer the required communication and
management of the project demands, certain protocols must be followed. The Customer agrees to
communicate only with their designated We -Bore -It, LLC representative concerning the project. All
associates of We -Bare -It, LLC are instructed to take direction only from their designated We -Bore -it, LLC
representative, as well as to ensure that established lines of communication and agreed -upon project
particulars are followed implicitly.
Additions and/or alterations to the agreed -upon project and/or scope of work are to be communicated in
writing, with such alterations being agreed to by both parties (Customer and We -Bore -It) via signature.
Unauthorized changes to the project and/or scope of work, including project costs and other deviations
from protocol, are unacceptable and will be considered a breach of the agreement. Upon an agreement
breach, all monies collected to date will be frozen and may be forfeited.
"We -Bore -It agrees to perform to the best of its abilities to successfully fulfill the duties required to the
Customer's reasonable satisfaction. WBI is not responsible for loss incurred regarding missed schedules
and/or due dates as a result of mechanical or equipment failure, medical emergencies, logistics, poor
weather conditions, force majeure, or Acts of God that may inadvertently delay a schedule or timeline."
Further, the Customer will not directly or indirectly solicit or attempt to induce any We -Bore -It employee,
associate, or "authorized contracting partner" (subcontractor) to terminate his or her employment or
working relationship with We -Bore -It, LLC.
This agreement shall be deemed entered into and shall be fully enforced in accordance with the State of
Illinois. The court of competent jurisdiction residing in McHenry County, Nineteenth Judicial Circuit, State
of Illinois, shall resolve any disputes arising hereunder. Each party hereby agrees to submit to the
personal jurisdiction of such court and hereby waives all questions of personal jurisdiction or venue for the
purpose of carrying out this provision, including, without limitation, the claim or defense therein that such
courts constitute an inconvenient forum.
If either party commences any legal action or proceeding whatsoever or files a suit to enforce the
performance of any obligation of the other party hereunder or to enforce or protect such parties rights
hereunder or otherwise to obtain damages caused by a default by the other party under any of the terms
of this agreement. If such commencing party shall prevail, the other party shall pay all of the commencing
party's costs and expenses incurred in connection with the same, including, without limitation, attorney's
fees and costs, including those incurred in all appellate actions.
Invoicing: This document will serve as the final invoice and will require the customer to approve and
sign off as an acknowledgment that the project has been completed and accepted by the customer. Final
payment will be due at the time of signature.
Rights: All images and written content within We -Bore -It is the legal property of We -Bore -It, LLC and
may not be copied or used in any manner without the written permission of We -Bore -It, LLC.
Trademarks: All logos associated with We -Bore -It, LLC are covered by trademark and copyright laws
and are the legal property of We -Bore -It, LLC.
5
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WBI-18736-2222 FQAv1.2
Project Details
— --
Date: 05/1/2024 Customer/Sponsor:
Kevin Gottschalk at
Deerfield Public Works
and Engineering
Project Number: ,
Project Coordinator:
W13I-18736-22220.2 Customer Phone:
Brian Hege Customer Email:
847.561.1838
kottschalk@deerfield.il.us
Proposed Start Date:
Can be scheduled upon completion of paperwork and acceptance of terms
Proposed End Date:
Expected 18 - 21 day duration for the project to be completed
Project Address: 1144 Blackthorn Lane Deerfield, IL 60015
Project Line Items
Line Item Description
Rate
Qty, Units,
Hrs, Ft.
Cost
• Directional boring of 4,850 feet throughout
the neighborhood as seen in the image
included within this document as part of an
installation to bring conduit to light poles.
• Provide and place 1-1 1/4" (1.25") rolled
HDPE conduit with pull tape within all
footage.
• Provide and place 6-13" x 24" hand holes at
$69,833.75
1 unit
$69,833.75
designated locations.
• Depth of 24" is expected for installation of all
conduits; under roads we will drop to 30" -
36" depth as is typical.
• Crew to cut out existing sod as possible; set
aside and put back after backfill/tamp. Dirt,
.V ' I.A1 PU '3" UVV V101111.1-,C VV11'Cf%2� JUU' 10J10
apart.
Total Cost:
$69,833.75
0
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WBI-18736-2222 FQAv1.2
Terms of Payment & Agreement
If the provided quote meets with your approval and your acceptance of payment terms, please sign, date,
and return a copy of this quote. Upon receipt of this document, your assigned We -Bore -It, LLC project
coordinator will contact you to schedule your installation date. Any project scope changes will require a
Change Order and may result in additional billable line items.
Project Number: I WBI-18736-2222v1.2
Accounts exceeding the above payment terms will result in a 10% penalty fee in addition to the original
balance invoiced. Grossly delinquent accounts may result in a lien being riled due to the client's failure to
pay for services rendered.
Customer Signature:
Printed Signature: h C'i/l r S -See Dater a�
Scanned copies of authorization can be emailed to cobrienCwe-bore-it.com. Fax copies of authorization
can be faxed to 815-363-7637, or hard copies of authorization may be mailed to:
WE -BORE -IT, LLC.
Attn: Catherine O'Brien
7800 Industrial Dr
Spring Grove, IL 60081
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WBI-18736-2222 FQAv1.2
Customer Acceptance
PLEASE DO NOT COMPLETE AND SUBMIT THIS
PAGE UNTIL THE PROJECT IS COMPLETE
Project Acceptance:
This page will be completed and submitted to We -Bore -It, LLC, by the client (customer) once all work has
-,been completed as outlined in the work scope, assumptions, and project comments. We -Bore -It, LLC
prides itself on representing our client's best interests and acts on their behalf to ensure that all work is
completed on time, on budget, and as agreed. Release of funds to contracting partners will not be
authorized until the client has signed and returned this page to We -Bore -It's main offices.
** Change Orders are handled as separate and new projects rather than an addendum to a current
project W13I-18736-22220.2
I, the undersigned, accept and acknowledge that We -Bore -it, LLC's contracted
work and services have been completed as agreed, to my satisfaction and without
reservation.
Project Start Date: Project End Date:
Customer Signature: Date:
Scanned copies of authorization can be emailed to: obri n we-bore-it.com, or copies of
authorization may be faxed to 815-363-7637
F-1