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VILLAGE OF FRANKLIN PARKPUBLIC WORKS CONTRACTStreet Sweeping ServicesTHIS AGREEMENT is made and entered into this -- day of -------, 2015 by and between theVILLAGE OF FRANKLIN PARK, an Illinois municipal corporation (the “Village”), and ----------,INC. (the “Contractor”).RECITALSWHEREAS, the Village has the need for the services by the Contractor with particular training,ability, knowledge and experience possessed by the Contractor for Street, Parking Lots, and SpecialSweeping services and:WHEREAS, the Village has determined that the Contractor is qualified and capable of performingthe services as the Village does hereinafter require, under the terms and conditions set forth hereafter;WHEREAS, the Village has determined that the Contractor's offer was the combined lowest bidand responsive proposal submitted in accordance with the Evaluation and Selection Criteria set forthin the Request for Proposal and meeting the Village’s requirements;THEREFORE, the parties agree as follows:1.0Services To Be ProvidedThe Contractor shall perform those services described in Exhibit A of this Agreement. TheContractor shall provide and bear the expense of all equipment, work, and labor of any sortwhatsoever that may be required for the transfer of materials and completing the work provided forin this Agreement, unless otherwise specified in this agreement. The Contractor shall perform allwork in accordance with all applicable federal, state, and local laws, rules, and regulations.2.0Contract DocumentsThe Agreement between the parties includes Public Notice, Instruction to Bidders, Contractor’sProposal, Bid Schedule, this Agreement, Scope of Work included in Exhibit A, General andSpecial Conditions as described in Exhibit B, Drawings, Fee Compensation set forth in Exhibit C,Specifications, Addenda (if any), Tax Identification Number as specified in Exhibit D, approvedAdditional Service Request Orders (Exhibit E), Certificate of Insurance naming the additionalinsured, and copy of the Contractor's state Contractor license, UBI number, and the Contractor’sBusiness license, which are hereby incorporated by reference and made a part of this Agreement asif fully set forth herein, and shall be referred to as the "Contract Documents."Page 1 of 24Village of Franklin ParkStreet Sweeping Services
3.0Compensation3.1The Village agrees to retain the Contractor to provide the services and materials to doand cause to be done the above-described work and to complete and finish the same according tothe terms and conditions contained in this Agreement.3.2The Contractor shall submit invoices for work performed using a format that is acceptable tothe Village. Invoicing will be submitted once monthly.3.3The Village agrees to pay the Contractor for the actual work completed, as identified in theabove Section 1.0, Services To Be Provided, according to the rates set forth in Exhibit C for a sumnot to exceed and 00/100dollars( .00).3.4 The Contractor shall complete and return to the Village Exhibit D, Taxpayer IdentificationNumber, prior to or along with the first invoice submittal. The Village shall pay the Contractorfor services rendered within thirty (30) days after Village approval of submitted invoice.3.5Each Contractor or Subcontractor performing Work on this Project shall comply in allrespects with all laws governing the employment of labor, Social Security, and UnemploymentInsurance of both the State and Federal government. There shall be paid each employee engaged inWork under this Contract at the site of the Project, no less than the minimum wage for theclassifications of labor employed in compliance with Chapter 48, Section 39s of the Illinois StateStatutes regarding "General Prevailing Hourly Rates," a copy of the latest edition of which ishereinafter included. Contractor shall make his own investigation locally and satisfy himself as toavailability of labor. Contractor shall submit Certified Payrolls utilizing Illinois Department ofLabor Certified Transcript of Payroll “IL452CM01” and “IL452CM02”, or similar form. CertifiedPayrolls will be submitted with each invoice.3.6Contractor shall submit with each invoice Waivers of Lien from Contractor and all subcontractors/suppliers for all work completed and paid from the previous invoice. Contractor shallprovide final Waiver of Lien for all contract work at the conclusion of project work.4.0Time of Performance4.1This Agreement shall become effective upon the date of execution, and shall expire, unlessotherwise terminated or extended, on November 30, 2015. All work under this Agreement shall becompleted prior to the expiration of this Agreement.4.2The Village has the option to renew this Agreement for up to two (2) additional oneyear periods.5.0Warranties/Guaranty5.1The Contractor warrants to the Village that any materials and equipment furnished underthis Agreement will be new and of good quality unless otherwise required or permitted by thePage 2 of 24Village of Franklin ParkStreet Sweeping Services
Contract Documents, that the work will be free from defects, and that the work will conformto the requirements of this Agreement. Work not conforming to these requirements, includingsubstitutions not properly approved and authorized in writing by the Village, may be considereddefective.5.2The Contractor, for him/herself, and for his/her heirs, executors, administrators, successorsand assigns, does hereby agree to the full performance of all the covenants herein contained uponthe part of the Contractor. The Contractor shall be responsible for, and shall indemnify and hold theVillage harmless from, any damage or expense by reason of failure of performance, as specified in theAgreement.6.0Change OrdersChanges to the scope of work to be performed, as described in Exhibit A of this document, or theamount of the contract sum, or the time for completion of the work, may be accomplished only bythe written document, Exhibit E Special Work Request Order, signed by the Contractor and theVillage. Once effective, the Contractor shall proceed promptly with the work as modified, unlessotherwise provided in the change order. No change order shall be effective until it has been signedby the Village. All change orders must specify any increase in costs to the Village or no additionalcharges will be allowed.7. 0Insurance7.1The Contractor shall maintain insurance acceptable to the Village in full force andeffect throughout the term of this Agreement. Such insurance shall cover all risks arising directlyor indirectly out of the Contractor's activities or work hereunder. The limits set forth in no waylimit the Contractor’s liability to the Village or to other third parties under this Agreement.7.2The policy or policies of insurance maintained by the Contractor shall provide at least thefollowing limits and coverages:a.Commercial General Liability Insurance. The Contractor shall obtain, at theContractor’s expense, and keep in effect during the term of this Agreement, ComprehensiveGeneral Liability Insurance covering Bodily Injury and Property Damage on an “occurrence” form(1996 ISO or equivalent). This coverage shall include Contractual Liability insurance for theindemnity provided under this Agreement. The following insurance will be carried:CoverageGeneral AggregateProducts-Completed Operations AggregateEach OccurrenceFire Damage (any one fire)Medical Expense (any one person)Page 3 of 24Village of Franklin ParkStreet Sweeping ServicesLimit 2,000,0002,000,0002,000,00050,00025,000
b.Business Automobile Liability Insurance. If the Contractor will be using a motorvehicle in the performance of the services herein, the Contractor shall provide the Village acertificate indicating that the Contractor has business automobile liability coverage for all owned,hired, and non-owned vehicles and equipment. The Combined Single Limit per occurrence shallnot be less than 2,000,000. Said insurance shall name the Village as an additional insured andshall require notice be provided to the Village in accordance with policy provisions in the eventof cancellation.c.Workers’ Compensation Insurance. The Contractor and all employers providingwork, labor, or materials under this Agreement that are subject employers under the IllinoisWorkers’ Compensation Law shall comply with s a i d l a w , which requires them to provideworkers’ compensation coverage that satisfies Illinois law for all their subject workers oremployees that are exempt under sai d l aw . Out-of-state employers must provide Illinoisworkers’ compensation coverage for their workers who work at a single location within Illinoisfor more than 30 days in a calendar year. Contractors who perform work without the assistanceor labor of any employee need not obtain such coverage. This shall include Employer’s LiabilityInsurance with coverage limits of not less than 500,000 each accident.d.Insurance Carrier Rating. Coverages provided by the Contractor must beunderwritten by an insurance company deemed acceptable by the Village with a rating of A- orbetter. The Village reserves the right to reject all or any insurance carrier(s) with an unacceptablefinancial rating.e.Certificates of Insurance. As evidence of the insurance coverage required by thisAgreement, the Contractor shall furnish a Certificate of Insurance to the Village. TheAgreement shall be effected and no work shall be performed hereunder until the requiredcertificates and the additional insured endorsements have been received and approved by theVillage. The Contractor agrees that it will not terminate or change its coverage during the termof this Agreement without giving the Village at least thirty (30) days' prior advance notice.f.Additional Insured. The Village will be named as an additional insured with respectto the Contractor's liabilities hereunder in insurance coverages. The following is included asadditional insured: The VILLAGE OF FRANKLIN PARK, its elected and appointed officials,officers, agents, employees, and volunteers. Except professional liability and workers'compensation coverage, all policies shall provide an endorsement.7.3The coverage provided by these policies shall be primary, and any other insurance carriedby the Village is excess. The Contractor shall be responsible for any deductible amounts payableunder all policies of insurance. In the event a dispute arises between the Village and the Contractorfor which the Contractor has obtained insurance, the maximum amount which may be withheldby the Village for all such claims shall be no more than the amount of the applicable insurancedeductible.8.0Assignment/DelegationPage 4 of 24Village of Franklin ParkStreet Sweeping Services
The Contractor shall not assign this Agreement nor delegate any duties hereunder without priorwritten consent of the Village, which consent may be withheld by the Village in its solesubjective discretion for any cause whatsoever. If the Village agrees to assignment of tasks to asubcontractor, the Contractor shall be fully responsible for the acts or omissions of anysubcontractor and of all persons employed by them, and neither the approval by the Village ofany subcontractor nor anything contained herein shall be deemed to create any contractual relationbetween the Village and the subcontractor.9.0Compliance with LawsThis Agreement shall be subject to, and the Contractor shall at all times comply with, all applicablefederal, state and local laws, regulations, rules and provisions of the VILLAGE OF FRANKLINPARK Municipal Code, and ordinances of the VILLAGE OF FRANKLIN PARK.10.0Termination/Default10.1Not for Cause. At any time and without cause, the Village shall have the right, in itssole discretion, to terminate this Agreement by giving at least thirty (30) days' notice to theContractor. If the Village terminates the contract pursuant to this paragraph, it shall pay theContractor for services rendered to the date of termination.10.2Default. The whole or part of this Agreement may be terminated by the Village upondefault in performance by the Contractor, if such default is not fully cured to the Village'ssatisfaction within ten (10) days of notice thereof. In case of default, the Village shall have anyand all remedies available to it in law or equity, including money damages, injunctive relief, andspecific performance.11.0Indemnification/Hold HarmlessTo the fullest extent allowed by law, the Contractor shall defend, indemnify, and hold the Village, itsofficers, officials, employees, and volunteers harmless from any and all claims, injuries, damages,losses or suits, including attorney fees, arising out of or in connection with the performance of thisAgreement. The Contractor waives the right to indemnification and defense. The Contractor shallalso reimburse the Village for any damage done to Village property.12.0Independent ContractorFor all purposes, the Contractor shall be deemed an independent contractor and shall not be deemedan employee of the Village.13.0General and Special ConditionsSee Exhibit B attached hereto and incorporated herein by reference.Page 5 of 24Village of Franklin ParkStreet Sweeping Services
13.1Non-Discrimination. Any Contractor who competes for or is awarded a public contract maynot discriminate against an employee, subcontractor, or supplier in awarding a subcontract becausethe employee, subcontractor, or supplier is a minority, woman, or emerging small business enterprisecertified under, or a business enterprise that is owned or controlled by or that employs a disabledveteran, as defined by.a.This type of discrimination within three (3) years of the current solicitation can leadto debarment or disqualification of the proposer.b.Violation after the contract is awarded may be regarded as a breach of contract.13.2Time of the Essence. Time is expressly made of the essence of each provision of thisAgreement.13.3Waiver. Waiver by the Village of any breach of any term or condition of this Agreementshall not be construed as a waiver of any other breach.13.4Contract/Binding Effect. This Agreement, together with all Contract Documents referred toherein, constitutes the entire agreement between the parties hereto.13.5Modification. No modification of this Agreement shall be of any force or effect, unless inwriting signed by the parties.13.6Governing Law/Venue. This Agreement shall be construed in accordance with andgoverned by the laws of the State of Illinois. Venue will be in Cook County.13.7Attorney Fees and Costs. If a suit, action, or other proceeding of any nature whatsoever(including any proceeding under the U.S. Bankruptcy Code), is instituted in connection with anycontroversy arising out of this Agreement or to interpret or enforce any rights or obligationshereunder, the prevailing party shall be entitled to recover attorney, paralegal, accountant, and otherexpert fees and all other fees, costs, and expenses actually incurred and reasonably necessary inconnection therewith, as determined by the court or body at trial or on any appeal or review, inaddition to all other amounts provided by law. Payment of all such fees shall also apply to anyadministrative proceeding, trial, and/or any appeal or petition for review. Whenever this agreementrequires one party to defend the other party, it is agreed that such defense shall be by legal counselacceptable to the party to be defended, understanding that claims are often covered by insurancewith the insurance carrier designating the defense counsel.13.8Severability. If any provision of this Agreement is held invalid, the remainder shall not beaffected thereby if such remainder would then continue to conform to the terms and requirements ofapplicable law, and shall continue in force and effect.13.9Counting of Days. Whenever a time period is set forth in days in this Agreement, the firstday from which the designated period of time begins to run shall not be included. The last day ofPage 6 of 24Village of Franklin ParkStreet Sweeping Services
the period so computed shall be included, unless it is a Saturday or legal holiday, including Sunday,in which event the period runs until the end of the next day which is not a Saturday or legal holiday.13.10 Number, Gender, and Captions. In construing this Agreement, it is understood that if thecontext so requires the singular pronoun shall be taken to mean and include the plural, the masculine,the feminine and the neuter, and that generally all grammatical changes shall be made, assumed, andimplied to individuals and/or corporations and partnerships. All captions and paragraph headingsused herein are intended solely for convenience of reference and shall in no way limit any of theprovisions of this Agreement.13.11 Binding Effect. The covenants, conditions, and terms of this Agreement shall extend toand be binding upon and inure to the benefit of the heirs, personal representatives, successors,and assigns of the parties hereto.13.12 Notices. Any notice required by this Agreement may be delivered personally or mailed,certified with return receipt requested. If mailed, notice shall be deemed given upon the firstbusiness day after the date of the postmark. Notices shall be delivered or mailed to the following:To the Village: Joe Lauro, Utilities CommissionerVILLAGE OF FRANKLIN PARK9500 Belmont AvenueFranklin Park, Illinois 60131(847) 671-8253jlauro@vofp.comTo the Contractor: , Inc.Phone:( ) -13.13 Signing Authority. The individual executing this Agreement on behalf of the Contractorrepresents and warrants to the Village that he/she has the full power and authority to do so and that theContractor has full right and authority to enter into this Agreement and perform its obligations underthis Agreement.VILLAGE:CONTRACTOR:VILLAGE OF FRANKLIN PARK, ILLINOIS----------------------------------, INC.By:By:Page 7 of 24Village of Franklin ParkStreet Sweeping Services
As Its:As Its:Date:Date:Attest/Authenticated:Approved as to Form:Village ClerkVillage AttorneyPage 8 of 24Village of Franklin ParkStreet Sweeping Services
EXHIBIT AVILLAGE OF FRANKLIN PARKSERVICES TO BE PROVIDEDThe Contractor shall provide street sweeping and removal of debris for the VILLAGE OFFRANKLIN PARK’s streets and lots as outlined below and on the attached Village map:1.1Sweeping of all Village streets (92.2 lane miles*, shown on map) on the followingschedule: Weekly April 1 through November 30; following the route schedule depicted onthe attached map.2.1Sweeping of main arterial streets (total 17.5 lane miles*, shown on map) on thefollowing schedule: Twice weekly3.1Sweeping of all Village parking lots (listed on attached map) on the following schedule: Once during April, July, and, November (total area of parking lots:approximately 317,370 square feet*) total number of sweepings three4.1Sweeping of all industrial area streets (23 lane miles*, shown on map) on the followingschedule Once during April, June, August, and October for a total of four times5.1Additional Services** as requested by the Village. Emergency responseoStorm clean-up, which includes clean-up after rain and wind stormeventsoCall-out response, which includes accident and/or spill clean-up (must bewithin 30 minutes of request from the Village) Prior to community events Special sweeps* Distances and areas are estimates only. The Contractor will verify distances before submissionof bid.**All Additional Services must be requested through the Special Request Work Order, attachedunder Exhibit E, and signed by a designated Public Works Representative.Page 9 of 24Village of Franklin ParkStreet Sweeping Services
Street Sweeping MapAttached to and made part of this document.Page 10 of 24Village of Franklin ParkStreet Sweeping Services
EXHIBIT BVILLAGE OF FRANKLIN PARKGENERAL AND SPECIAL CONDITIONSGeneral and Special Conditions are additions to, or revisions of, the Village’s standard contract. Inthe event of a conflict between the Contract Documents and the General and Special Conditions,the more stringent requirements shall apply.1.1DefinitionsThe following terms and definitions used in the Agreement are described as follows:(a) “Additional Services” means additional sweeping services to be provided by theContractor in response to emergency call-outs, storm clean-up, accidents, spills,community events, and special sweeps from April 1 through November 30, 24 hoursper day within 30 minutes of notification, on a call-out basis as requested by theUtilities Commissioner or designee.(b) “Village” means the VILLAGE OF FRANKLIN PARK, an Illinois municipal corporation.(c) “Contractor” means the individual, firm, joint venture, co-partnership, or corporation, andits heirs, executors, administrators, successors, and assigns, or the lawful agent of anysuch individual, firm, partnership, or corporation, or its surety under the performancebond, constituting one of the principles to the Agreement and undertaking to perform thework herein specified.(d) “Debris” means all dirt, sand, gravel, sticks, leaves, paper, and other miscellaneous itemswhich are normally picked up by a street sweeper. The term “debris” will not includelarge items that cannot be picked up by a mechanical sweeper or that would otherwisedamage the sweeper.(e) “Emergency” means a condition of imminent danger to the health, safety, and welfare ofproperty or persons located within the Village, and protection of the environment,including, without limitations, fallen branches or fallen branches within public right-ofway, or damage from natural consequences, such as storms, earthquakes, riots, or wars.(f) “Intersection” means the area embraced within the prolongation or connection of thelateral curb lines or, if none, the lateral boundary lines of two streets which join oneanother at, or approximately at, right angles, or the area within which vehicles travelingupon different streets joining at any other angle may come in conflict including, withoutlimitation, the junction of an alley with a street.Page 11 of 24Village of Franklin ParkStreet Sweeping Services
(g) “Public right-of-way” means the land or interest in land owned, dedicated, or conveyed tothe public or a unit of government, providing for the movement of vehicles, wheelchairs,and pedestrian traffic; or providing access to abutting property, utility lines,appurtenances, and other facilities benefiting the public.(h) “Services” means all work performed by the Contractor.(i) “Street” means any street, road, boulevard, drive, alley, lane, way, place, or any portionthereof, including islands, traffic curbs, intersection areas, auxiliary lanes, and thosepaved areas between normal curb lines of the roadway, whether or not an actual curbexists.(j) “Work” means the furnishing of all labor, materials, equipment, and other incidentalsnecessary or convenient to the successful completion of the Services and carrying out ofall the duties and obligations imposed by the Agreement.2.0 G e n e r a l Requirements2.1 Conditions of PaymentFor performance of those services described herein, payment shall be based upon the followingterms:Payment by the Village to the Contractor for performance of services under this Agreement includesall expenses incurred by the Contractor, with the exception of expenses, if any, identified in thisAgreement as separately reimbursable.Payment will be made in installments based on the Contractor’s invoice, subject to the approval ofthe Utilities Commissioner or designee, and not more frequently than monthly. Payment shall bemade only for work actually completed as of the date of the invoice.Payment by the Village shall release the Village from any further obligation for payment to theContractor, for services performed or expenses incurred as of the date of the invoice. Payment shallnot be considered acceptance or approval of any work or waiver of any defects herein.The Contractor shall make payments promptly, as due, to all persons supplying labor or materialsfor the performance of the work provided for in this Agreement. Contractor to provide Lien Waiversand certified payrolls with each invoice.The Contractor shall not permit any lien or claim to be filed or prosecuted against the Villageon account of any labor or material furnished.If the Contractor fails, neglects, or refuses to make prompt payment of any claim for labor orservices furnished to the Contractor or a subcontractor by any person as such claim becomes due,the Village’s Comptroller may pay such claim and charge the amount of the payment againstPage 12 of 24Village of Franklin ParkStreet Sweeping Services
funds due or to become due the Contractor. The payment of the claim in this manner shall notrelieve the Contractor or surety from obligation with respect to any unpaid claims.Each Contractor or Subcontractor performing Work on this Project shall comply in all respectswith all laws governing the employment of labor, Social Security, and Unemployment Insurance ofboth the State and Federal government. There shall be paid each employee engaged in Work underthis Contract at the site of the Project, no less than the minimum wage for the classifications oflabor employed in compliance with Chapter 48, Section 39s of the Illinois State Statutes regarding"General Prevailing Hourly Rates," a copy of the latest edition of which is hereinafter included.Contractor shall make his own investigation locally and satisfy himself as to availability of labor.Contractor shall submit Certified Payrolls utilizing Illinois Department of Labor CertifiedTranscript of Payroll “IL452CM01” and “IL452CM02”, or similar form. Certified Payrolls will besubmitted with each invoice.The Contractor will provide the Village proof of workers' compensation and unemployment insurancefor all employees, and shall make all required workers' compensation and unemployment insurancepayments as they come due.The Contractor is required to have a VILLAGE OF FRANKLIN PARK Business License.2.2Contract Pricing and AdjustmentsPrices shall be firm through the term of this Agreement. Price compensation may be allowed for anescalation in the rate of contract costs on a per hour and/or per cycle basis, at the beginning of thesecond year and the beginning of the third year, if the renewal option of this Agreement isexecuted.The compensation escalation for subsequent contracts will use the Annual Chicago, ConsumerPrice Index-Urban (CPI-U) for all items, not seasonally adjusted for the 12-month period ending inJune.2.3InvoicesEach invoice shall include adequate detail to identify the services provided. Upon completion ofeach month’s sweeping cycle, the Contractor shall submit a statement to the Village showing thefollowing information: mileage per streetcurb miles sweptnon-curb miles sweptmiles or feet of special sweepsspeed of sweepergallons of water usedcubic yards of debris removedPage 13 of 24Village of Franklin ParkStreet Sweeping Services
Tac-o-graph report showing the speed and miles swept on each sweeper used during thebilling period Cost associated with the sweeping of the parking lots shall be itemized separatelyAll sweeping work shall be paid for per sweeping cycle for each identified area. Payment will bemade monthly upon approval and acceptance of the statement submitted by the Contractor.2.4QuantitiesThe Village does not bind itself to purchase the full quantities stipulated in this Agreement asestimates. The quantities shown on Exhibit B are estimates and not exact. They represent pastsweeping activity and estimates of future usage. Payment shall be made only for quantitiesordered, delivered, and accepted, whether greater or less than the stated amounts.2.5ErrorsThe Contractor shall perform such additional work as may be necessary to correct errors in thework required under this Agreement without undue delay and without additional cost to theVillage.2.6Non-DiscriminationContractor shall certify in the documents accompanying the offer to enter a public contract thatContractor has not discriminated and will not discriminate against any minority, woman, oremerging small business enterprise, or a business enterprise that is owned or controlled by or thatemploys a disabled veteran, in obtaining a required subcontract.2.7Hours of LaborFor the labor performed under this Agreement, no person shall be employed for more than eight(8) hours in any one day, or forty (40) hours in any one week, except in the cases of necessity oremergency, or where the public policy absolutely requires it, and, in such cases, except cases ofcontracts for personal services as defined by Illinois Department of Labor, the laborer shall bepaid at least time and a half for all overtime in excess of eight (8) hours a day and for all workperformed on Saturday and on any legal holiday, per Illinois Department of Labor . In cases ofcontracts for personal services as defined by Illinois Department of Labor, any laborer shall bepaid at least time and a half for all hours worked in excess of forty (40) hours in any one weekexcept for those individuals excluded by Illinois Department of Labor.2.8Medical Care and Workers' CompensationThe Contractor shall promptly, as due, make payment to any person, co-partnership, association,or corporation furnishing medical, surgical, and hospital care, or other needed care and attentionincident to sickness or injury, to the employees of such Contractor, of all sums which theContractor agrees to pay for such services and all moneys and sums which the Contractorcollected or deducted from the wages of the employees pursuant to any law, contract, orPage 14 of 24Village of Franklin ParkStreet Sweeping Services
agreement for the purpose of providing or paying for such service.2.9RecordsThe Village shall have access to such books, documents, papers, and records of the Contractoras are directly pertinent to this Agreement for the purpo
Street Sweeping Services 3.0 Compensation 3.1 The Village agrees to retain the Contractor to provide the services and materials to do and cause to be done the above-described work and to complete and finish the same according to the terms and conditions contained in this Agreement.
