R-22-06VILLAGE OF DEERFIELD
RESOLUTION NO. 2022- R-22-
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') 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 ("Consultant's, for the provision of Sanitary Sewer
Lining services ("Agreement's; 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 Consultant,
and desires to renew the Agreement through December 312022, 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 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 RENEWAL AGREEMENT. The Renewal
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 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 Consultant; 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: Benton, Jacoby, Jester, Metts-Childers, Oppenheim, Seiden
100120937.11,
NAYS: None
ABSTAIN: None
ABSENT: None
PASSED: February 7, 2022
APPROVED: February 8, 2022
RESOLUTION NO: R-22-06
UL - - --- -*
Daniel C. Shapiro, Mayor
ATTEST:
Kent S. Street, Village Clerk
100120937.11
EXHIBIT A
Renewal Agreement
{00120937.1 }
rHE \18&E oF
DEERFIELD
AGREEMEI{T BETWEEN OWNER AI\D CONTRACTOR
THIS AGREEMENT is dated a.s of the lLday of Februan in the year 2022 by and betweet the Village
of Deerfield (lrcrenafter called Owner) and VISU Sewer. Inc, (hereinafter called Contractor) for the 2022
Sanitary Sewer Lining Pr.ogram. Or+,ner and Contractor, in consideration of the mutual covenants
hereinafter set forth, agree as follows:
Article 1. CONTRACT DOCUMENTS
l.l The Contract Documents which comprise the entte agreement belwecn Owner and Cotrtractor
concerning the Work consist of the following:
This Agreement;
Specificarions bearing the ritle GENERAI CONDITIONS AND SPECIAL CONDITIONS;
Instnictions to Ilidders:
Non-Collusion certificate;
Non-Dis:rim ination Cenifi cate
Addenda, ifany;
Subcontractor's Certificates (if any);
Contractor's Bid Proposal; and
C)ther documents attached to the Agreement inoluding but not limited to insurance, surety, bonds
and fi nancial information.
12 There are no Contract Documents other rhan those listed above in this Article 1. The Contract
Documents may only be amended, modified or supplemented by Change Order approved, in
rwiting, by the Owner and Contractor.
Article 2. WORI(
Contractor shall complete all Work as specified or indicaled in the Contrac.t Documenls.
lf the Conlractor fails to correct defective Work or persistently fails to carry out the Work in
accordance with the Contraot Documents, the Owner, by a u,itten order, may direct the
Contractor to stop thc Work, or any portion thereof, until the cause for such order ha-s been
eliminated; ho*'fl,er, this right of the Owner to stop the Work shall not give rise to any duty on
the part ofthe OPner to exercise this right for the benefrt of the Contractor or any other person or
entity.
If the Contractor dcfaults or negLects to carD' out the Work in accordance with the Contract
Documents and fails within 7 days after reccipt of \aritten notice fiom the Olmer to commence
2.1
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 wlitten notice and without
prejudice to any other remedy he may har,e, 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. lf the payments then or thereafter due the
Contractor are not sufficient to cover such amount, the Contactor shall pay the difference to the
Owner.
Article 3. EFFECTM DATE
The term of this Contract shall begin February 7 , 2022 and end December 3l, 2022.
All lining work for this Contract shall be completed by September 30, 2022. All PACP coded filcs
shall be received by Decernber 31 ,2021.
Articlc 4. CONTRACT PRICE
Owner shall pay Contractor lbr completion of the Work in accordance u,ith the Clontract Documents.
Article 5. CONTII,ACTOR'S REPRESENTATIONS
ln order to induce Orvner to enter into this Agrccmcnt. Contractor makes the following representations:
5.1 Contractor has familiarized itself with the nature and extent of the Contract Documents, Work,
site, locali6,, 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 rvritten notice of all conflicts, errors or discrepancies that he has
discovered in the Contract Documents and the u,rifien resolution thereof by Owner is acceptable
to Contactor.
IN WITNESS WHEfuEOF, Owner and Contractor have signed this Agreement in duplicate. One
counterpart each has been delivered to Owner and Contractor. AII portions of the Contract f)ocuments
have beert signed or identified by Owner and Contractor.
VI],I,AGE OF DEEKFIELD
CORPORATE S ATI] SEAI,
Sf1, S$t "',r. \..
5.' $ 16'.J. -a-
f Authu'ized SisnatorvTHrnes s. Se?-xsttctt
Coepoenrl SI:TLETALI
Attest
IBv [l '
fifirg, President