Bid_#2022-15_South_American_Exhibit_Example_Contract.pdf

CITY OF BLOOMINGTON

CONTRACT WITH

FOR

Section 1. Recitals. The recitals set forth above are incorporated into this Section 1 as if specifically stated herein.

Section 2. Incorporation of Bid/RFP/RFQ & Proposal Terms / Prevailing Wage. This work was subject to the following procurement initiative by the CITY:

__________________________________________________________ (hereinafter “Request”)

Accordingly, the provisions of the Request and the proposal submitted by CONTRACTOR (hereinafter collectively referred to as “Procurement Documents” and attached as Exhibit A), shall be incorporated into this Contract and made a part thereof and shall be considered additional contractual requirements that must be met by CONTRACTOR. In the event of a direct conflict between the provisions of this contract and the incorporated documents, the provisions of this contract shall apply. This contract calls for the construction of a “public work,” within the meaning ofthe Illinois Prevailing Wage Act, 820 ILCS 130/.01 et seq. (“the Act”). The Act requires contractors and subcontractors to pay laborers, workers and mechanics performing services on public works projects no less than the current “prevailing rate of wages” (hourly cash wages plus amount for fringe benefits) in the county where the work is performed. The Department publishes the prevailing wage rates on its website. The Department revises the prevailing wage rates and the contractor/subcontractor has an obligation to check the Department’s web site for revisions to prevailing wage rates. For information regarding current prevailing wage rates, please refer to the Illinois Department of Labor’s website. All contractors and subcontractors rendering services under this contract must comply with all requirements of the Act, including but not limited to, all wage requirements and notice and record keeping duties.

This includes Public Act 100-1177 which became effective on June 1, 2019.

Section 3. Description of Services. CONTRACTOR shall provide the services/work identified in the Procurement Documents, and specifically as follows: _____________________

Section 4. Payment. For the work performed by CONTRACTOR under this Contract, the CITY shall pay CONTRACTOR one of the following:

__ A flat fee of $_________ as set forth in the Procurement Documents.

__ Fees as set forth in the Procurement Documents.

Section 5. Default and Termination. Either party shall be in default if it fails to perform all or any part of this Contract. If either party is in default, the other party may terminate this Contract upon giving written notice of such termination to the party in default. Such notice shall be in writing and provided thirty (30) days prior to termination. The non-defaulting party shall be entitled to all remedies, whether in law or equity, upon the default or a violation of this Contract. In addition, the prevailing party shall be entitled to reimbursement of attorney’s fees and court costs.

THIS AGREEMENT, dated this ____ day of ______________, 2022, is between the City of Bloomington (hereinafter “CITY”) and (hereinafter “CONTRACTOR”).

NOW THEREFORE, the parties agree as follows:

Section 6. Representations of Vendor. CONTRACTOR hereby represents it is legally able to perform the work that is subject to this Contract.

Section 7. Assignment. Neither party may assign this Contract, or the proceeds thereof, without written consent of the other party.

Section 8. Compliance with Laws. CONTRACTOR agrees that any and all work by CONTRACTOR shall at all times comply with all laws, ordinances, statutes and governmental rules, regulations and codes.

Section 9. Compliance with FOIA Requirements. CONTRACTOR further explicitly agrees to furnish all records related to this Contract and any documentation related to CITY required under an Illinois Freedom of Information Act (ILCS 140/1 et. seq.) ("FOIA") request within five (5) business days after CITY issues notice of such request to CONTRACTOR. CONTRACTOR agrees to not apply any costs or charge any fees to the CITY regarding the procurement of records required pursuant to a FOIA request. CONTRACTOR shall be responsible for any damages/penalties assessed to CITY for CONTRACTOR’S failure to furnish all documentation in CONTRACTOR'S possession responsive and related to a request within five (5) days after CITY issues a notice of a request.

Section 10. Governing Law. This Agreement shall be governed by and interpreted pursuant to the laws of the State of Illinois.

Section 11. Joint Drafting. The parties expressly agree that this agreement was jointly drafted, and that both had opportunity to negotiate its terms and to obtain the assistance of counsel in reviewing it terms prior to execution. Therefore, this agreement shall be construed neither against nor in favor of either party, but shall construed in a neutral manner.

Section 12. Attorney Fees. In the event that any action is filed in relation to this agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorneys' fees.

Section 13. Paragraph Headings. The titles to the paragraphs of this agreement are solely for the convenience of the parties and shall not be used to explain, modify, simplify, or aid in the interpretation of the provisions of this agreement.

Section 14. Counterparts. This agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute the same instrument.

CITY OF BLOOMINGTON

By: ____________________________ Its City Manager

ATTEST:

By: ____________________________ City Clerk

By: ____________________________ Its_____________

By: ____________________________ Its_____________

Exhibit A

Additional Contract Terms

The Illinois Public Museum grant funding requires that bidders acknowledge that the following items are to be incorporated into the standard City contract when awarded.

1) Contractor agrees that any and all work by Contractor shall at all times comply with all laws, ordinances, statutes, and governmental rules, regulations and code as well as the terms of this contract. Failure of any of the above shall be deemed a default. In the event of a default or any other violation of this Agreement, the non-defaulting party shall be entitled to all administrative, contractual, or other remedies, whether in law or equity.

2) Force Majeure. The City shall not be in default of this Agreement and shall not be held liable for any losses, failure, or delay in performance of its obligations under this Agreement or any Agreement, Amendment, Exhibit, or Attachment hereto arising out of or caused, directly or indirectly, by an event of Force Majeure. Force Majeure is defined as God;

earthquakes: fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage;

strikes; epidemics; pandemics; riots; power failures; computer failure and any malfunction of utility, transportation computer (hardware or software) or telephone communication service;

accidents; labor disputes; acts of civil or military authority; government actions; or inability to obtain labor, material, equipment, or transportation.

3) Termination for Cause. The city may, at any time, terminate this Agreement, in whole or in part, for any of the following reasons effective immediately:

a) Contractor is found to be in violation of any term or condition of this Agreement.

b) Contractor engages in any fraudulent, felonious, grossly negligent, or other illegal acts or behavior.

c) Contractor declares bankruptcy or becomes insolvent.

d) City determines, in its sole discretion, that Contractor is no longer able to fulfill

Contractor’s obligations under this Agreement or Procurement Documents.

Upon such termination, City shall be entitled to all remedies, whether in law or equity, upon the cause of termination of this Agreement. In addition, City shall be entitled to reimbursement of reasonable attorney’s fees and court costs.

4) The awarded Contractor acknowledges that the duly authorized State government representatives shall have access to any documents, papers and records of the Contractor for making audit, examination, excerpts, and transcriptions.

5) Contractor shall carry the following insurance for the life of the construction project.

Insurance - Public Works Projects. Prior to the commencement of work governed by any contract between the CITY and any Contractor, the Contractor shall provide the City satisfactory evidence of insurance coverage via a valid Certificate of Insurance showing coverage provided by a carrier who has no less than an A- VIII rating with AM Best’s

Rating. The Certificate must list the CITY, its employees, and officials as additional named insured’s. The Certificate must also list coverage as primary and non-contributory, include a waiver of subrogation, and include a thirty (30) days cancellation notice.

All coverage, as follows shall be maintained through the life of the contract and include, as a minimum:

a) General Liability – $2,000,000 per occurrence/$4,000,000 aggregate Bodily Injury and

Property Damage

b) Products & Completed – $2,000,000

c) Worker’s Compensation – $1,000,000 Each Accident/$1,000,000 Disease-Each

Employee/$1,000,000 Disease-Policy Limit

d) Automobile Liability – $2,000,000 with $5,000 medical payments

e) Umbrella/Excess Liability – $5,000,000

Insurance: Vendors providing a service or installing equipment on or about City property shall provide to the City Clerk evidence of Comprehensive, Liability, and Workman's

Compensation insurance prior to commencement of work on City property. The vendor guarantees to save the City, its agents or employees, harmless from liability of any nature or kind, for use of any copyright, composition, secret process, pa-tented or unpatented invention, articles or appliances furnished or used in the performance of the contract, or which the vendor is not the patentee, assignee, or licensee. Furthermore, the vendor hereby agrees to save and hold harmless and indemnify the City from and against all injury, death, damage, loss, claims and liability caused by or arising out of the performance of this agreement by the Vendor, its employees, agents or sub-vendors. This agreement extends to all claims, of any nature, whether made by the Vendor’s employees or third parties.

6) Contractors Certification of Compliance with Public Act 85-1295*

The vendor certifies by signing this statement that this bid is made without prior understanding, agreement or accord with any other person submitting a bid for the same product or service and that this bid is in all respects bona fide, fair and not the result of any act of fraud or collusion with another person engaged in the same line of business or commerce. Furthermore, the firm certifies that it is not barred from bidding on this contract as a result of a conviction for the violation of State laws prohibiting bid-rigging or bid-rotating. Any false statement hereunder constitutes a felony and can result in a fine and imprisonment as well as civil damages. The vendor also understands that failure to sign this statement will make the bid non-responsive and unqualified for award.

7) Substance Abuse Prevention on Public Works Projects Act

The successful bidder must be in compliance with the State of Illinois HB-1855 (Public Act

095-0635), which amends the Prevailing Wage Act. Before an employer commences work on a public works project, the employer shall have in place a written program, which meets or exceeds the program requirements in this Act, to be filed with the public body engaged in the construction of the public works and made avail-able to the general public, for the prevention of substance abuse among its employees. The testing must be performed in a laboratory that is certified for Federal Workplace Drug Testing Programs by the Substance Abuse and

Mental Health Service Administration of the U.S. Department of Health and Human

Services.

8) The Company has developed a written policy statement prohibiting Sexual Harassment.