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HomeMy WebLinkAboutR-24-71VILLAGE OF DEERFIELD RESOLUTION NO. R-24-71 A RESOLUTION WAIVING BIDDING AND APPROVING A CONTRACT TO [NAME OF CONTRACTOR] DEMOLITION WORK AT 755 AND 757 KIPLING PLACE WHEREAS, 755 Kipling, LLC, an Illinois limited liability company ("Owner') is the record title owner of the property commonly known as 755 Kipling Place, Deerfield, Illinois ("Property'); and WHEREAS, the Property is improved with a dilapidated and unoccupied single- family home of brick construction ("Structure') and an in -ground swimming pool ("Pool'); and WHEREAS, the Structure encroaches on the property commonly known as 757 Kipling Place ("Adjacent Property'; and WHEREAS, on March 13, 2023, the Village inspected the Property and determined that it was in violation of numerous provisions of the Village Code and 2018 International Property Maintenance Code ("IPMC'), and Section 11-31-1 of the Illinois Municipal Code ("Unsafe Property Statute'); and WHEREAS, on September 23, 2024, the Court approved a consent decree ("Consent Decree') concerning the Property; and WHEREAS, the Consent Decree required the Owner to obtain a demolition permit to demolish the Structure and Pool by October 1, 2024, and provided that the Village could do so if the Owner failed to obtain a permit; and WHEREAS, the Owner has not obtained a demolition permit from the Village; and WHEREAS, due to Owner's failure to abide by the Consent Decree, the Village desires to retain a contractor to demolish the Structure and Pool pursuant to the terms of the Consent Decree ("Demolition Work'); and WHEREAS, the Village obtained a quote from SE Inc. ("Contractor') to perform the Demolition Work for a cost of $39,200 pursuant to an demolition contract ("Contract'); and WHEREAS, the Mayor and Board of Trustees have determined that waiving bidding and entering into the Contract with the Contractor to provide the Demolition Work 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 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. 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 Demolition Work. SECTION 3: APPROVAL OF CONTRACT. Pursuant to the Village's home rule authority, the Contract by and between the Village and Contractor is hereby approved in substantially the form attached to this Resolution as Exhibit A. 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 Axon; 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 5: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval by two-thirds of the Village Board according to law. AYES: Benton, Berg, Goldstone, Jacoby, Oppenheim NAYS: None ABSTAIN: None ABSENT: Metts-Childers PASSED: October 7, 2024 APPROVED: October 7, 2024 RESOLUTION NO. R-24-71 Daniel ('Shapiro, Mayor ATTEST: Kent S. Stre t, Village C1 rk 4866-1715-0445, v. 1 EXHIBIT A Contract {00129436.1) 4866-1715-0445, v Full Name of Contractor Principal Office Address Local Office Address Contact Person 1. Work VILLAGE OF DEERFIELD CONTRACT FOR DEMOLITION AT 755 AND 757 KIPLING PLACE e MO-O C..+ S& nn l SL:u t ! cAL*,Telephone Number 'Na — Ll R _S V5l• A. Contract and Work. Contractor agrees that Contractor shall, at Its sob cost and expense, provide, perform, and complete, in the manner specified and described, and upon the terms and conditions set forth, in this Contract and Village's written notification of acceptance In the forth included in this bound set of documents, all of the following, all of which is herein referred to as the 'WoW: 1. Labor, Equipment Materials and Supplies Provide, perform, and complete, in the manner specified and described in this Contract, all necessary work, labor, services, transportation, equipment, materials, supplies, information, data, and other means and items necessary for (I) the demolition of the single-family house, swimming pod, garage, driveway, and all structures on the properties commonly known as 755 and 757 Kipling Place, Deerfield Illinois (the 'Work Site'), (it) disconnection of all utilities on the Work Site, and (ih) removal of the construction fencing on the Work Site, and (iv) proper disposal of all demolition debris (collectively, " Work ); which Work is more fully described in Attachment A and by this this reference made a part of this Contract 2. Permits. Procure and furnish all permits, licenses, and other governmental approvals and authorizations necessary in connection therewith; 3. Bonds and Insurance. Procure and fumish all bonds and all insurance certificates and policies of insurance specified in this Contract 4- Taxes. Pay all applicable federal, state, and kx,al taxes; 5. Miscellaneous. Do all other things required of Contractor by this Contract and 6. Quality. Provide, perform, and complete all of the foregoing in a proper and workmanlike manner, consistent with highest standards of professional and construction practices, in full compliance with, and as required by or pursuant to this Contract, and with the greatest economy, efficiency, and expedition consistent therewith. B. Performance Standards. Contractor agrees that all Work shall be fully provided, performed, and completed in accordance with the speaficatlons attached hereto In -1- Attachment A and by this reference made a part of this Contract. No provision of any referenced standard, specification, manual or code shall change the duties and responsibilities of Village or Contractor from those set forth in this Contract Whenever any equipment, materials, or supplies are specified or described in this Contract by using the name or other identifying feature of a proprietary product or the name or other identifying feature of a particular manufacturer or vendor, the specific item mentioned shall be understood as establishing the type, function, and quality desired. Other manufacturers' or vendors' products may be accepted, provided that the products proposed are equivalent in substance and function to those named as determined by Village in its sole and absolute discretion. C. Responsibility for Damage or Loss f< this Contract is accepted, Contractor proposes and agrees that Contractor shall be responsible and liable for, and shall promptly and without charge to Village repair or replace, damage done to, and any loss or Injury suffered by, Village, the Work, the Work Site, or other property or persons as a result of the work D. Inspection/TestinalReiection. Village shall have the right to inspect all or any part of the Work and to reject all or any part of the Work that is, in Village's judgment, defective or damaged or that in any way fails to conform strictly to the requirements of this Contract and Village, without limiting its other rights or remedies, may require correction or replacement at Contractor's cost, perform or have performed all Work necessary to complete or correct all or any part of the Work that is defective, damaged, or nonconforming and charge Contractor with any excess cost incurred thereby, or cancel all or any part of any order or this Contract Work so rejected may be returned or held at Contractor's expense and risk Contractor shall take in full payment for all Work and other matters set forth under Section 1 above. Including overhead and profit taxes, contributions, and premiums; and compensation to all subcontractors and suppliers, the compensation set forth below. A. Schedu12 of Prices. For providing, performing, and completing all Work, the total Contract Price of: s 3—-00.0o B. Basis for Determining Prices. It is expressly understood and agreed that: I. All prices stated in the Schedule of Prices are firm and shall not be subject to escalation or change; 4894-21 So-11i 5. v.1 2. Village Is not subjed to state or loci sates, use, and excise taxes. that no such taxes are included in the Sd*" of Prices, and that all claim or right to claim any additional compensation by reason of the payment of any such tax is hereby waived and released. and 3. AN other applicable federal. state, and local taxes of every kind and nature applicable to the Work are included In the Schedule of Prices. 4. The approximate quantities set forth In the Schedule of Prices for each Unit Price Item, if applicable, are Vdlage's estimate orgy, that Village reserves the right to increase or decrease such quantities, that payment for each Unit Price Item shall be made only on the actual number of acceptable units of such Unit Price Item installed complete in place in full compliance with this Contraa and that all claim or right to dispute Of complain of any such estimated quantity, or to assert that them was any misunderstanding in regard to the nature or amount of any Unit Price Item to be provided or performed, hs hereby waived and released: and Any items of Work rot specifically listed or referred to in the Schedule of Prices, or not specifically included for payment under any Unit Price Item, shall be deemed incidental to the Contract Price, shall not be measured for payment, and shall not be paid for separately except as incidental to the Contract Price, Including without limitation extraordinary equipment repair, the cost of transportation, packing, cartage, and containers, the cost of preparing schedules and submittals, the cost or rental of small tools or buildings, the cost of utilities and sanitary conveniences, and any portion of the time of Contractor, its superintendents, or its office and engineering staff. C_ Time of PavmeM. It is expressly understood and agreed that all payments shall be made in accordance with the following schedule. Contractor will invoice Village for all Work completed, and Village will pay Contractor all undisputed amounts no later than 45 days after receipt by Village of each invoice. All payments may be subject to deduction or setoff by mason of any failure of Contractor to perform under this Contract. Each payment shall include Contractors certification of the value of, and partial or final waivers of lien covering, all Work for which payment is then requested and Contractor's certification that all prior payments have been properly applied to the payment or reimbursement of the costs with reaped to which they were paid. All payments may be subject to deduction or setoff by reason of any failure of Contractor to perform under this Contract. Each payment shall include Contractors oerdeation of the value of, and partial or final waivers of lien covering, all Work for which payment is then requested and Contractor's certification that all prior payments have been properly applied to the payment or reimbursement of the ousts with reaped to which they were paid. 3. Contract Time 515 Contractor agrees that Contractor shall commence the Work within 10 days after the Vintage directs Contractor to commence the Work (the Tommencement Date'). Cortraomr proposes and agrees that Contractor shall perform the Waft dilgently and continuously and shall complete the Wok **wn 6 days after the Commencement Date (the 'Completion Date'), Contractor acknowledges that the Village has no duty to direct the Contractor to commence the Work If the Wage thas not directed Contractor to commence the work by December 31, 2024. this Contract shall automatically terminate and no payments shall be due from the Vdlage- Notwithstanding any other provision hereof, the Village may terminate this Contract at any time upon live days prior written notice to the Contractor In the event that this Contract is so terminated, the Contractor shall be entitled to retain only that portion of the Village's payment for Worts actually performed. 4. Financial Assurance A. insurance. Contractor agrees that Contractor shall provide certificates of insurance evidencing the minimum insurance coverage and limits set forth below within 10 days after Village's acceptance of this Contract Such insurance shall be In form, and from companies, aocepteble to Village and shell name Village, inducting Its Board members and elected and appointed officials, its o ficers, employees. agents. atomeys, consultants, and representatives, as an Additional Insured. The insurance coverage and limits set forth below shall be deemed to be minimum coverage and limits and shall not be construed in any way as a limitation on Contractors duty to tarty adequate insurance or on Contractor's liability for losses or damages under this Contrad. The minimum insurance coverage and limits that shall be maintained at all times while providing, performing, or completing the Work are as follows: .J TAR. .1 . 1 .=1 Limb shall not be less than: Workers Compensebon: Statutory Employers Uabikttr M,000 each accident -injury; $500.000 each employee -disease; $5W.000 disease - policy. Such insurance shall evidence that coverage applies to the State of Illinois and provide a waiver of subrogation in favor of Wage. ill ILKI!._ .u' lL ► �t: � • 1 Limits for vehicles owned. non -owned or rented shall not be less than. $1,000.000 Boddy Injury and Property Damage Combined Single Limit 'LLl i �' 1-11 • - ' ' 1 Limns shall not be less than: $1,000.000 Wily injury and Property Damage Combined Single Limit. 4694-2160.1165, v. 1 Coverage is to be written on an `occurrence' basis. Coverage to include: - Premises Operations - Products/Completed Operations - Independent Contractors - Personal Injury (with Employment Exclusion deleted) Broad Form Property Damage Endorsement 'X,"C,' and 'U" Contractual Liability Contractual Liability coverage shall speclflcally Include the indemnification set forth below. 4. Umbrella Liability Limits shall not be less than: $2,000,000 Bodily Injury and Property Damage Combined Single Limit. This Coverage shalt apply in excess of the limits stated in 1, 2, and 3 above. C. Indemnification. Contractor shall indemnify, save harmless, and at the Village's option, defend Village, against all damages, liability, claims, losses, and expenses (including attomeys' fees) that may arise, or be alleged to have arisen, out of or in connection with Contractor's performance of, or failure to perform, the Work or any part thereof, or any failure to meet the representations and warranties set forth in Section 6 of this Contract. D. Penalties. Contractor shall be solely liable for any fines or civil penalties that are imposed by any governmental or quasl- govemmental agency or body that may arise, or be alleged to have arisen, out of or in connection with Contractor's performance of, or failure to perform, the Work or any part thereof. 5. Finn Contract All prices and other terms stated in this Contract are firm and shall not be subject to withdrawal, escalation, or change provided Village accepts this Contract within 45 days after the date the Contractor's execution of this Contract. G. Contractor's Representations and Warranties To induce Village to accept this Contract, Contractor hereby represents and warrants as follows: A The Work. The Work, and all of its components, (1) shall be of merchantable quality; (2) shall be free from any latent or patent defects and flaws in workmanship, materials, and design; (3) shall strictly conform to the requirements of this Contract, including without limitation the performance standards set forth in Section 1 B of this Contract; and (4) shall be fit, sufficient, and suitable for the purposes expressed in, or reasonably inferred from, this Contract and the warranties expressed herein shall be in addition to any other warranties expressed or implied by law, which are hereby reserved unto Village. -3- 4894-2150-1165, v. 1 B. Compliance with Laws. The Work, and all of its components, shall be provided, performed, and completed in compliance with, and Contractor agrees to be bound by, all applicable federal, state, and local laws, orders, rules, and regulations, as they may be modified or amended from time to time, Including without limitation the Illinois Prevailing Wage Act, 8201LCS 130/0.01 2( M. and any other prevailing wage laws; any statutes requiring preference to laborers of specified Gasses; the Illinois Steel Products Procurement Act, 30 ILCS 56511 N M.; any statutes prohibiting discrimination because of, or requiring affirmative action based on, race, creed, color, national origin, age, sex, or other prohibited Classification; the Employment of Illinois Workers on Public Works Act, 30 ILCS 57010.01 gj M.; and any statutes regarding safety or the performance of the Work. C. Prevailina Wage Act. This Contract calls for the construction of a "public work," within the meaning of the Illinois Prevailing Wage Act,.820 ILCS 130(0.01 DI M. (the "Act). If the Illinois Department of Labor revises the prevailing rate of hourly wages to be paid, the revised rate will apply to this Contract. Contractor and any subcontractors rendering services under this Contract must comply with all requirements of the Act, including but not limited to, all wage, notice, and record -keeping duties and certified payrolls. D. Not Barred. Contractor is not barred by law from contracting with Village or with any other unit of state or local government as a result of (i) a violation of either Section 33E-3 or Section 33E4 of Article 33 of the Criminal Code of 2012, 720 ILCS 5133E-1 e; deg.; or (ii) a violation of the USA Patriot Act of 2001, 107 Public Law 56 (October 26, 2001) (the 'Patriot Act") or other statutes, orders, rules, and regulations of the United States government and its various executive departments, agencies and offices related to the subject matter of the Patriot Act, including, but not limited to, Executive Order 13224 effective September 24, 2001. Contractor is not acting, directly or indirectly, for or on behalf of any person, group, entity or nation named by the United States Treasury Department as a Specially Designated National and Blocked Person, or for or on behalf of any person, group, entity or nation designated in Presidential Executive Order 13224 as a person who commits, threatens to commit, or supports terrorism; and Contractor is not engaged in this transaction directly or indirectly on behalf of, or facilitating this transaction directly or indirectly on behalf of, any such person, group, entity or nation. E. Qualified. Contractor has the requisite experience, ability, capital, facilities, plant, organization, and staff to enable Contractor to perform the Work successfully and promptly and to commence and complete the Work within the Contract Price and Contract Time set forth above. Contractor warrants and represents that it has met and will meet all required standards set forth in Village's Responsible Contractor Ordinance M-66- 11, including, without limitation, that Contractor and all of Contractor's subcontractors have an active apprenticeship and training program approved and registered with the United States Department Labor Bureau of Apprenticeship and Training for each of the trades that will perform Work under this Contract 7. Acknowledgements In submitting this Contract, Contractor acknowledges and agrees that: A, Reliance Village Is relying on all warranties, representations, and statements made by Contractor in this Contract. C. Acceptance. If this Contract is accepted, Contractor shall be bound by each and every term, condition, or provision contained in this Contract and in Village's written notification of acceptance in the form included in this bound set of documents. D. Remedies . Each of the rights and remedies reserved to Village in this Contract shall be cumulative and additional to any other or further remedies provided In law or equity or In this Contract. E. Tim . rime is of the essence for this Contract and, except where stated otherwise, references in this Contract to days shall be construed to refer to calendar days. F. No waiver. No examination, inspection, investigation, test, measurement, review, determination, decision, certificate, or approval by Village, whether before or after Village's acceptance of this Contract; nor any information or data supplied by Village, whether before or after Village's acceptance of this Contract; nor any order by Village for the payment of money, nor any payment for, or use, possession, or acceptance of, the whole or any part of the Work by Village; nor any extension of time granted by Village; nor any delay by Village in exercising any right under this Contract; nor any other act or omission of Village shall constitute or be deemed to be an acceptance of any defective, damaged, or nonconforming Work, nor operate to waive or otherwise diminish the effect of any representation or warranty made by Contractor, or of any requirement or provision of this Contract; or of any remedy, power, or right of Village. Q. Severability. The provisions of this Contract shall be Interpreted when, possible to sustain their legality and enforceability as a whole. In the event any provision of this Contract shall be held invalid, illegal, or unenforceable by a court of competent jurisdiction, in whole or in part, neither the validity of the remaining part of such provision, nor the validity of any other provisions of this Contract shall be in any way affected thereby. H. Amendments. No modification, addition, deletion, revision, alteration, or other change to this Contract shall be effective unless and until such change is reduced to writing and executed and delivered by Village and Contractor, except that Village has the right, by written order executed by Village, to make changes In the Work (`Change Order"). If any Change Order causes an increase or decrease in the amount of the Work, then an equitable adjustment in the Contract Price or Contract Time may be made. No decrease in the amount of the Work caused by any Change Order shall entitle Contractor to make any claim for damages, anticipated profits, or other compensation. 1. Assignment. Neither this Contract nor any interest herein, shall be assigned or subcontracted, in whole or in part, by Contractor except upon the prior written consent of Village. J. Govemina Law. This Contract, and the rights of the parties under this Contract shall be interpreted according to the internal laws, but not the conflict of law rules, of the State of Illinois. Every provision of law required by law to be inserted into this Contract shall be deemed to be inserted herein. ATTEST: VILLAGE OF DEERFIELD By. L By: pt!,,� Village Clerk Village AaAger ATTEST: [NAME OF CONTRACTOR] By: Title: Its: -4- 4894-2160-1165, v. 1 ATTACHMENT A -5- 4894-21 Wl 165, v.1 SE Inca Sdarretta Enterprises PO Box 96 Highwood Illinois 60040 847-946-6700 Office 847-946-6600 Fax Exhibit A CLIENT: Village of Deerfield 850 Waukegan Road Deerfield, Illinois 60016 PROPERTY: 755 Kipling Road Deerfield, Illinois 60016 Service Terms and Conditions SE Inc Sciarretta Enterprises will complete the following services, as listed below under Specifications. Specifications: Install construction fence and silt around perimeter of Property. (leaving it for two months following demo) Secure property. Disconnect gas and electric services to property. (Village of Deerfield will disconnect water and sewer) Demolition of house, removing all foundation and footings including, driveway(s) patio(s) and sidewalk(s) within the perimeter of property and excluding any of the above, which is on Village Property. Removal of pool and back fill. Haul away all debris and disposal. Total: $39,200.00 Signature — Signature — SE Inc. Sam Sciarretta 10/07/2024 Page I of I Authorized Person rn2YorhlflC•Sh�irp lOFII2.0L4