R-22-84VILLAGE OF DEERFIELD
RESOLUTION NO. 2022- R-22-84
A RESOLUTION APPROVING A RENEWAL OF AN AGREEMENT WITH VISU-
SEWER, LLC. OF BRIDGEVIEW, ILLINOIS FOR
SANITARY SEWER LINING SERVICES
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, on January 6, 2020, the Village entered into an agreement with VISU-
Sewer, LLC., of Bridgeview, Illinois ("Contractor'), for the provision of Sanitary Sewer
Lining services ("Agreement'); and
WHEREAS, pursuant to Section 1.1 of the Agreement, the Agreement may be
extended for up to 2 additional terms of 1 year; and
WHEREAS, the Village has been satisfied with the services provided by Contractor,
and desires to renew the Agreement through December 312023, at rates consistent with the
provisions set forth in Section 1.1 of the Agreement ("Renewal Agreement'); and
WHEREAS, the Mayor and Board of Trustees have determined that entering into the
Renewal Agreement 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: APPROVAL OF RENEWAL AGREEMENT. The Renewal
Agreement by and between the Village and Contractor is hereby approved in 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 3: AUTHORIZATION TO EXECUTE RENEWAL AGREEMENT. The
Mayor and the Village Clerk are hereby authorized and directed to execute and attest, on
behalf of the Village, the final Renewal Agreement upon receipt by the Village Clerk of at
least one original copy of the final Renewal Agreement executed by Contractor; provided,
however, that if the executed copy of the final Renewal 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.
SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect
from and after its passage and approval according to law.
AYES:
{00120937.11
NAYS: Berg, Jacoby, Oppenheim, Seiden . Mhaj�ro
ABSTAIN: None
ABSENT: Benton, Metts-Childers
PASSED: December 19, 2022
APPROVED: December 19, 2022
RESOLUTION NO: R-22-84
Daniel C. Shapiro, Mayor
ATTEST:
0�t
KeA t S. Street, Vill ge Clerk
(00120937.11
EXHIBIT A
Renewal Agreement
{00120937.1)
THE VI4LIGE OF
DE9khJEELD
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 Sanitary 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 cagy 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.
IN WITiVESS JYHEREOF, 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
a`°�•C�� OF DEF'4,�
sEAL
CONTRACTOR
Authorized Signatory
If a corporation, affix CORPORATE SEAL
Attest Attest
1711age 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
LIM
Attest
Village President
CORPORATE SEAL
Village Clerk
CONTRACTOR
By
Authorized a "tory
KEITIt M. AL F-Y.AWDER, PPIES tOE► TICEA
If a corporation, affix CORPORATE SEAL
Attest
-n,mz aL"--"'
Authorized Signatory
DAULO L. AIF-XA1JoeA
CORPOMATE SE.CYtGTA2�}