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HomeMy WebLinkAboutR-24-89VILLAGE OF DEERFIELD RESOLUTION NO. 2024- R-24-89 A RESOLUTION APPROVING AN EXTENSION TO A CONTRACT WITH VISU-SEWER, LLC, OF BRIDGEVIEW, ILLINOIS, FOR SANITARY SEWER LINING 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, on November 17, 2023, the Village sought bids for the award of a contract for sanitary sewer lining services ("Contract); and WHEREAS, VISU-Sewer, LLC, of Bridgeview, 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 Village has been satisfied with the services provided by Contractor and desires to renew the Contract for additional sanitary sewer lining services, in an amount not -to -exceed $450,000.00 ("Renewal Contract'); and WHEREAS, the Mayor and Board of Trustees have determined that waiving bidding and entering into the Renewal 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: WAIVER OF COMPETITIVE BIDDING. Pursuant to its home rule authority, the Village Board hereby waives the advertising and competitive bidding requirements for the sanitary sewer lining services. SECTION 3: APPROVAL OF RENEWAL CONTRACT. The Renewal Contract by and between the Village and Contractor 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 4: AUTHORIZATION TO EXECUTE RENEWAL CONTRACT. The Mayor and the Village Clerk are hereby authorized and directed to execute and attest, on behalf of the Village, the final Renewal Contract upon receipt by the Village Clerk of at least one original copy of the final Renewal Contract executed by Contractor; provided, however, that if the executed copy of the final Renewal 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: December 16, 2024 APPROVED: December 16, 2024 RESOLUTION NO: R-24-89 Daniel C. Shapiro, Mayor ATTEST: Kent S. Street, Village Clerk EXHIBIT A RENEWAL CONTRACT THE TLD OF AGREEMENT BETWEEN OWNER AND CONTRACTOR THIS AGREEMENT is dated as of the 161' day of December in the year 2024 by and between the Millage of Deeifeld (hereinafter called Owner) and VISU Sewer, Inc. (hereinafter called Contractor) for the 2025 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, 2025 and end December 31, 2025. All lining work for this Contract shall be completed by July 1, 2025. All PACP coded files shall be received by December 31, 2025. 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. i'ILLAGE OF DEEP -FIELD By _ i'illage President CORPORATE SEAL '``" OF -DBE'''.,,% aim ISHAL co CONTRACTOR LM Authorized Signatory If a corporation, affix CORPORATE SEAL �. 1 c Attest Attest ,'illage Clerk Authorized Signatory