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HomeMy WebLinkAboutMajor Maintenance (16)ATTACHMENT PROFESSIONAL SERVICE AGREEMENT CONTRACT BETWEEN THE CITY OF EVANSTON (OWNER) AND (GO NTRACTOR) This is a COMracl between the Gly of Evanston, an Illinois municipal corporation located al 2100 Ridge Avenue, Evanston, Illinois 60201, hereinafter called "Ownm, arrastcteussitn.(>x,{inl•.maaloa al�ka,¢ASw�x_«rnti hereinafter called "Contractor, to provide autoRmek body and collision repair services for the City of Evanston Public Works Department, Fleet Services Division as set forlh In RFP ___(,q:7Q____ (Attachment A). Co reacdoes services are to be performed for the Owner who Is located at 2100 Ridge Avenue, Evanston, Illinois 60201 Compensation for all services provided by the Contractor under terms of the Contract shall be based on services provided in accordance with fees set forth in the Conlambs s proposal attached hereto and made a part hereof as Attachment 8. Compensation for costs incurred as result of improper performance by the Connector will not be allowed. Deficits of the Contract compensation provisions follow in the text of the Contract and Standard Provisions incorporated by reference. Compensation in excess of the Contract amount shall not be allowed unless approved in advance by the Owner by a written Contract amendment. The Contractorsrepresentative IsUO,Dilo, a_ The representative can be contacted at $ni, tb'mt (phone), ZNNS hnnnz/ zeZ4:C_6C_7( The Owners representative is�_S.sr��,E' The representative can be contacted at Nothing in this Contract accords any third -parry beneficiary rights whatsoever to any non-party that may be enforced by any non-party to this Contract For the Zeacier (' For the City of Evanston Title Tine:_ C. y r1lmJkGtK_____ _ Date /D-a0'O,Q_ �/'}�'°0_ _________._.__ Date _____ --- __ TABLE OF CONTENTS Article 1 Definitions Article 2 Contractor's Responsibilities 21 General 2.2 Subcontractors 23 Contractor's Representative Article Owner's Responsibilities 31 Owners Representative Article 4 Basic Scope of Sombre Amcie5 Miscellaneous Promsions 6 1 General 5.2 Additional Services 53 Legal Relations 5A Indemnity 5.5 Insurance Requirements 56 Ownership of Contract Doeuments 5.7 Temstabon, Suspension or Abandonment 58 Contact Change Nobfcatlon Arllrle6 Compensation 61 Basic Services 6.2 Invoicing and Payment Abachmont A- CM1y of Evanston Request for Proposal li Attachment B - Contractor's Proposal Article 1 Numbers IT "Owner" means the Clt of Evansto / ,/ 1,2 "Contractor' mean. 4Z , , r�ry,r�y_d�rr��P III 1.3 "Project" means auto/lutd:k hotly and collision report servces cadenced for the Owner end., into Contract 14 "Scope" means the performance of services set forth Attachment A. 15 "Serwher' means the auto/trgek body and collies. most, servces furmshed by the CoM.mr in accordance with this Contract Adds 2 Contractors Respensibithas 2.1 General 2 1.1 The Contractor's services consist of those services performed by the Contractor and Contractors employees as enumerated m Article 4 of this Contract. 2.12 The Contractor shall not conduct any work outside the Basic Scope of Services as set forth In Article 4 and shall not receive any additional compensation therefore well the prior written approval here the Ownerin the form of an amendment to this Contract. 2 1 3 The Contractor shall provide servces in accordance with the City Code of the City of Evanston and all other applicable codes and regulations set forth by any goven ing bodies having jurisdiction over the Protect. 22 Subcontractors 2.2.1 The homes of all subcontractors used by the Contractor to parts. specific services directly related to this Project shall be submitted to the Owner for approval in writing before their use on this Project The guidelines, terms, conditions and roqulroments of this contract shall apply to all persons used by the Contractor to assist in the performance of the Contract 2.2 2 If the Contractors assistants, employees, or subcontractors prove unsabehictor, to the Owner, such persons shalt be immedlately nneved from the Project and 2.2.3 Consent to assign, sublet or oihenase trapsfel-umponsibility for any portion of the Project shall not be construed to relieve the Contractor of any re mbe,ithem for the fulfillment of this Conner No subletirng, subcontracting or essignment any portion of the work under this Contract shall state, imply, intend or be construed to limit the legal liability of either the Contractor or the sub-coorme o 23 Contractors Representative 2.31 The Contractor shall designate a representative authorized toad on the Contractor's behalf with respect to the Project. Article 3 Owner's Responsibility 31 Ownar's Representative 31 1 The Owner shall designate s ropresenoWs authorized to act on the Owner's behalf with respect to the Contract 15 Article 4 Basic Scope of Services 41 Required Services 4.1.1 As set forth in Attachment Article 5 Miscellaneous Provisions 5.1 General 51.1 This Contract is made in Illinois and shalt be governed by the laws of the State of Illinois in the event of litigation the venue shall be in Cook County, Illinois. 6.1.2 This Contract represents the entire and integrated contract between the Owner and Contractor and supersedes all poor negotiations, representations or contracts, either written or oral. rots Contract maybe amended only be written instrument signed by both Owner and Contractor 513 This Contract has been negotiated and entered Into by each party with the opportunity to consult independent counsel and should not be construed against one party or the other based on which party drafted any portion of the Contract, 61.4 Contractor hereby waives and forfeits all claims that any work, services or other activities were performed pursuant to an oral contract or other oral contract separate from this Contract. 5.1.5 It is understood that the obligations assumed in this Contract shall be binding upon the Owner and upon the Contractor, and upon the successors, eymmans, administrators and assigns of the pastes hereto and that neither the Owner nor the Contractor shall assign, subcontract or transfer their interest in this Contact 516 Whenever possible, each provision of this Contract shall be interpreted in a manner sale be effective and valid under applicable law If, however, any s prov ion of this Contract, or portion thereof, is prohibited by law or found invalid under any law, only such provision or fueled thereof shall be ineffective, without in any manner invaidaling or affecting the remaining provisions of this Contract or valid portions of such provisions, which ate hereby deemed severable 5.1 i The Contractor corollas it has not been barred from being awarded a contract with a unit of State or local Government as a result of violation of Section 33E-3 or Section 33E of the Criminal Code of 1961 (bid rigging or bid rotating). 51.3 The Contractor certifies, pursuant to the tilinas Human Rights Act (775 ILOS 512- 105 at sog.), that it has written sexual harassment policy that includes, at a minimum, the following information. (1) the illegality of sexual harassment, (^_) the definition of sexual harassment under State law, (3) a description of sexual harassment utilizing examples, (4) The Contractor's intermit complaint process including penalties, (5) legal recourse, investigation and complaint process available through the Illinois Department of Human Rights and the Human Rights Commission and directions on how to contact both; and (6) protection against retalial on as provided to the Department of Human Rights. 51.9 if any language or figures contained In any attachments or exhibits referenced herein are In conflict with this contract, this contract shall prevail. 51 10 All material communications between the parties hereto shall be in writing 5.2 Additional Services 52.1 If in the Contractor's opinion the Owner requests work not included in the Basic Scope of Services of this Contract (hereinafter referred to as "Additiona) Services") or reasonably inferable therein, the Contractor must promptly notify the Owner In willing if it is the Continuities opinion that extra compensation or additional time allowance is warranted. 522 The Contractor's proposal for Additional Services shall Include thelushficalionfor the claim for extra compensation and the amount of additional to andlor time requested All proposals for Additional Services shall be based on the billing rates provided in Attachment E. 52.3 The Contractor shall not proceed with any Additional Services outside of the Basic Scope of Services unless and until the Owner has approved a wriden Contract amendment enforcing the Contractor to proceed. Such Contract amendments shall Include appropriate time oftentimes if the Owner determines they are w imarderl. 5.3 Legal Relations 5 3A The Contractor shall become familiar with and shall at all limes comply with and observe all federal, state and local laws, ordinances and regulations which in any manner affect the Project or the Contractor's conduct 532 In carrying out the provisions of this Conjugal, or in exercising any power or authority granted to the Owner thereby, there shall be no personal liability upon the authorized representatives of the Owner, It being understand that in such matters they act as agents and representatives of the City of Evanston. 533 The Contractor or its officors, agents, and employees shall be responsible for any and all damages to property or persons arising out of a negligent act, error and/or omission in the Contractor's performance of this Contract. 5.34 The Contrec n shall indemnify and hold harmless the Owner and all their officers, agents and employees on account m any damages to persons or property resulting from negligence of the Contractor or its officers, agents, and employees arising out of, or in connection with the performance and completion of this Contract 535 Contractor shall be and act as an independent contractor and not as a partner, joint venturer or agent of the City and shall not bind nor attempt to bind City to anycontwO Contractor is an independent contractor and is solely responsible for all taxes, withholdings, and other statutory or contractual obligations of any sort, lnc elim, but not limited to, Workers Compensation Insurance, and Contractor agrees to defend, indemnify and hold the City harmless from any and all claims, damages, (lability, attorneys fees and expenses on account of (1) a failure or an alleged failure by Contractor to satisfy any such obligations or any other obligabon grader this Contract or otherwise) or (it) any other action or inaction of Contractor 54 Indemnity 54,1 The Contractor shall indemnify, protect and save harmless the Owner, its agents, consultants, officials and employees, against all adjacent deaths, loss damages, claims, suits, judgments, costs and expenses which may In anywise accrue against tho Owner in consequence of the granting of this Contract or which may In anywise result there from, whether or not it shall be alleged or determined that the act was caused through the negligent act or omission of the Contractor or his or her employees, of the sub -contractor or his or her employees, If any and the Contractor shall, at his or her own expense, appear, defend and pay all charges of attorneys and all costs and other expen arising there from or incurred in connection therewith, and. if any judgments shall be rendered against the Owner in any such act, the Contractor shall, at his or her own expense, satisfy and discharge same. 5b Insurance 65.1 Contractor shall carry and maintain at its own cost, with such wmpanles as are acceptable to Owner, all necessary liability insurance (which shall Include minimumas a the requirements set forth below) during the term of this Contract, for damages caused or contributed to by Consultant, and insuring Consultant against claims which may arise out of or result from Consultant's performance or failure to perform the Sennoes hereunder, i. Workers compensation in statutory limits and employers liability Insurance in the amount of at least $500,000 2. Comprehensive general liability coverage, and designating Owner as additional Insured for not less than $1.000,000 combined single limit for bodily Injury, death and property damage, per occunrr nce 3 Comprehensive automobile habltify Insurance covering owned non -owned and leased vehicles for not toss than $1,000,000 combined single limit for bodily injury, death or property damage, per occurrence 4 Errors and omissions or professional liability insurance respecting any insurable professional services hereunder In the amount of at least S 100,000 5.5.2 Work can not commence until the Contractor has provided the Owner first with cerllticates of Insurance and, if requested by Owner, certified copes of the policies of insurance evidencing the coverage and amounts set forth in this Section. Contractor's certificate of Insurance shall contain a provision that the coverage afforded under the poleybd will not be canceled or reduced without sixty (60) days prior written notice (hand delivered or registered mall) to Owner 5.6 Ownership of Contract Documents 56.1 Contractor Is specifically prohibited from using in any form or medium, the name of the Owner for public advertisement, unless expressly granted by written permission of the Owner 56.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the Owner's reserved rights 57 Termination, Suspension or Abandonment 51 1 This Contract may be terminated by the Owner upon not less than seven (I) days written notice, or immediately in the event the Owner determines that the continuation of this Contract presents a threat to the public health, welfare, or safety In the event of a termination of services by the Owner, the Owner shall have no fablilfy of any kind whatsoever to the Contractor after the termination date including any claim for lost profits or opportunities. 5.7.2 In the event of termination of the contract, the Contractor shall be compensated for services performed prior to termination. 5.7.3 If the Owner suspends the Project more than thirty (30) consecutive days, the Contractor will be compensated for services performed prior to notice of suspension on a prorated basis The City shall have no further liability 18 whatsoever to Contractor after suspension of Contractors services maturing, but not limited b, any and all clanms for lost nal or oppodunilies ,574 If the Owner fails to make payments m accordance with Article ], the Contractor may, upon thirty (30) rays' written notice to the Owner, suspend performance of servces under this Contract. in the even) of a suspension of services, the Contractor shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services Contractor shall not suspend services in the event of a good faith dispute between Contractor and the Oity 5 ] 5 If the Owner commits a material breach of this Contract, the Contractor may terminate this Contract by written notice to the Owner only after the Owner has been given a writhe. ford, of a material breach by the Contractor and does not cure the failure within a period of ten (10) busin,ss days 576 Obligatsmi imposed on Contractor by paragraphs 5.4 and 5 5 of this contract survive termination of this contract for any reason including full performance. 5 T T The Owner will give Contractor (60) days mmm notice to cure any unseramed, areas deemed so by owner, if contractor does not cure the defiderwas within that time paned, the contract will be terminated at all faalires regardless of facility with unsarsfadory cleaning 58 Contact Change duplication, 5.1 Contact Names and Addresses. Notices required or sent under this contract shall be sent m whiling and duetted a follows 511 To the owner:2z,E✓o-f<dnSG. 51.2 Tel J Ir tor, wio.zoi ch 62 blaitinirr.' Nerces shall be sent by First CIasS mail, with the postage prepaid, return receipt requested or by recelpted personal delivery 53 Notice. Notice is effective on the rod business day, if mailed, and upon delivery, 0 personally delivered Article 6 Compensation 6.1 Saso Services 61 1 Payments for Parades shall be made on a monthly basis after performance of services by the Contractor and acceptance by the Owner Such payment shall be lull compensation for Contractor's services rendered In that pander. 6.1 2 The Contractor will not recelve additional compensation to complete the Services for this Phomd as ourmed in Article 4 unless Additional Serve as are required and authorized by the Owner in writing in advance. 6A 3 The Owner has the equitable right to set off against any sum due and payable to the Contractor under this Contract, any amount the Owner determines the Contractor owes the Owner, whether ahem, under this Contract or under any other Contract or chartered 6 2Invoicing and Payment 62.1 Payment will be made in accordance with all local ordinances and regulations of the Owner and in accordance with the Illinois Prompt Payment Act To be eligible for payment, all invoices must be pre -approved by the City Councll Requests for payment must be received at least hvo weeks prior to a proposed City Canded mccrng data No payment recreate eligible for submission to City Council unless first approved as to its completeness and accuracy by the Department Director or his/her designee. 622 Compensation in excess of the total Contract amount will not be allowed unless justified in the Owner's sore judgment and authorized in advance by a written Contract amendment 6.25 Compensation for improper performance by the Contractor will not be allowed 20 ATTACHMENT SPECIFICATION SHEETS Fleet Services RFP SOeafira[l. Sheet for Car and Llght Tracks JYu �Yr Pts= -�"',.«•, o , ..W� yz" S�eI .� N,-1. �„ "•�. l3, Yes Y<f �. ,�, :/IJ.`c�-y .e ceNZ^ 1S Jd�s-s n<.� Sr ^.Y:O.�n 11p a.. 5�i11 'All 'yU �n�/ wecc ,,v1 f�U1Nf j�it:l� .•ye uq)¢uuqul+opuah —� N usY` r .,S/ o�, si 'S/ / Y -w �, -t s -ma's'/ 1mI hneaH Pµe wnlparyy.o; yaaµS uogeayraoS ej8 s.'.S 4aaIj REQUEST FOR PROPOSALS NUMBER: 10-70 FOR AUTOITRUCK BODY AND COLLISION REPAIR PROPOSAL DEADLINE: 2:00 P.M., October 20, 2009, Room 4200, Evanston Civic Center, 2100 Ridge Avenue, Evanston, Illinois, 60201 Bid Bond: $1,000 SEALED PROPOSALS TO BE RETURNED TO: Cdy of Evanston Purchasing N"slon Room 4200, Cvw Center 2100 Ridge Avenue Evanston, IL 60201 TABLE OF CONTENTS NOTICE TO PROPOSERS 3 REQUEST FOR PROPOSALS, Number 10-70 4 General Information 4 Protect Background 4 Scope of Services 4 Submittal Requirements 7 Eyaluation Creche, B RFP Contacts g Statement of Confidentiality 10 Attachment A, Disclosure of Ownership Interests 11 Attachment B, Professional Service Agreement 13 Attachment C, Autolrwok Body & Collision Repair Specification Sheets Car and Light truck 21 Medium and Heavy Trucks 22 CITY OF EVANSTON NOTICE TO PROPOSERS REQUEST FOR PROPOSALS NUMBER: 10d0 FOR AUTOITRUCK BODY AND COLLISION REPAIR The City of Evanston Public Works Department, Fleet Services Division is requesting proposals from experienced firms for Auto/Truck body and collision repair, in the Cry of Evanston, Seared submittals will be received by the Cky's Purchasing and Contracts Manager in Room 4200, Givic Center at 2100 Ridge Avenue, Evanston lllma560201, unlil2'OOpm Iocaltlmeon October 20 2009 The City of Evanston in accordance with the laws of the State of Illinois, hereby ne4Ces all proposers that it will affirmatively insure that the commet(s) entered into pursuant to this notice will be awarded to the successful proposer without discrimination on the grounds of race, color, or natwnat origin The City of Evanston reserves the light to inject any or all submittals or to accept the submiflal(s) deemed most advantageous to the City Each proposer shall be required to provide with his/her subm0fal a disclosure of ownership interest statement form in accordance with the previsions of Ordinance 15-0-78 Failure to provide such information may result In the disqualification of the candidate Jewell Jackson Purchasing and Contracts Manager REQUEST FOR PROPOSALS (RFP) AUTONRUCK BODY AND COLLISION REPAIR City of Evanston, Illinois FIFE #10-70 GENERAL INFORMATION The City of Evanston Fleet S,i Division of the Public Works Department is requesting proposals from experienced firms for the City, in the City of Evanston for auto/truck body and collision repay The RFP may be picked up in the City's Purchasing Department Proposals will be opened in private PROJECT BACKGROUND I"he Fleet Services Division within the Public Works Department In the City of Evanston Ilhnas is requesting proposals for autonruck body and collision repair The Fleet Division is responsible for the purchase, repairs, maintenance, warranty management, and disposal of vehicles it heavy equipment for the Public Works, Police, Fire, Parks, Forestry, & Recreation Departments "the (feet consists of 353 motorrzad units of equpment that consrs(s of sadans, vans, pick-up trucks, heavy fire apparatus, emergency medical technmlan units, police Jucis s, Class 8 trucks, some marine units, and heavy equipment. Expected BeneFlte. • Louwroosls • Standardized(OEM) parts • Timely, repair of City vehicles and heavy equipment Are-quabie lvendor SCOPE OF SERVICES Since every City of Evanston vehicle is critical to public safety, i a,, police, fire, stheiemikty repair It is imperative that all vendors demonstrate the ability to deliver prompt response, reasonable repair times, and quality Work During normal business hours, Which are considered to be Monday through Friday, 8 00 AM to 5.00 PM, the vendor shall respond to a request for estimate andfor pick up vehicle Within four hours after being contacted by City of Evanston Fleet Services The vendor will be expected to furnish a completed estimate within 2 business days of request If a situation arises which delays the abllity, to complete the estimate, the vendor is required to contact Fleet Services Management and provide a timeframe based on the situation, The vendor shall perform service and supply OEM parts, unless otherwise requested, at the talcs provided by the vendor on the attached spreadsheet. Pricing shall remain fine for the term of the contract All repair requests shall be subject to prevadmg time and cost allowances for applicable vehicles currently listed in the Acclaim, Estimators' Guide, or a similar estimators' gurde for the insurance company standard gat rate and parts schedules The vendor shall piov:de pick-up and delivery services at the City of Evanston Fleet Services Garage for vehicles that arc considered safe to operate. Vehicles that are moperable, will be towed to the vendor. Towing for these volutes shall be arranged by me City of Evanston Fleet Services Division Management Should the vendor be required to amengo towing, the vendor shall use a towing company approved by City of Evanston Fleet Services, and the towing company will invoice the City of Evanston Fleet Services directly Pickup and delivery will constitute the pick up of vehicles at the City of Evanston Fleet Services garage, 2020 Asbury Avenno, and the prompt return of vehicle to the Fleet Services facility after completion of repairs or services The City may, at its sale discretion, elect to deliver antl pick-up vehicles under this proposal by mutual agreement. Vendor assumes liability for any damage to any City of Evanston property while such property is in the vendors possession, or during transport between the vendor's facility and the City of Evanston Fleet Services facility Operation of City of Evanston vehicles is limited to pickup from the City of Evanston to the vendors repair shop, test drive to ensure proper repair, and return to the City of Evanston Al no time, shall the vendor use any City of Evanston vehicles or equipment for any other reason Repair Provisions Estimates: For services requested by Fleet Services Management, a written estimate with the number of hours, based on the shop hourly rate for the type of repair being done, and type of pails required to perform the service shall be supplied by the vendor. If approved by the City, this shall become a ceding as to the maximum cost for the particular repair order in the event that hidden damage is discovered during tear down, the vendor shall inform City of Evanston Fleet Services immediately. In no event shall the vendor proceed with new additional walk without the express consent of the City of Evanston Fleet Services Basis for Repair Cost: If the price offered by the vendor for the job is considered unreasonable by the City of Evanston or otherwise subject to question based on cost experience, or for any other reason, the City may withdraw the service requirement for that job. The City of Evanston reserves the right to obtain comparative quotes at any time during the term of the contract Quality of Work: The vendor agrees that all work shall be performed by competent personnel, exper.enced and qualified to work on the specified make of automotive equipment, and that all work shall be performed in accordance with the best commercial practices and without delays The vendor must have available suitable modern equipment necessary for the satisfactory execution of any repair job Fleet Services Managementwdlmspecteach vehicle prior reorder, the vehicle is returned by the vendor Based on the situation or vendor location determination will be made in advance by mutual agreement, as to how final inspection will occur The vendor is cypecied to correct any deficiencies found after repans ate completed without delay at no additional cost to the City Repeated quakily cooled problems shall because to terminate future repairs, Parts and Materials: All material or parts furnished by the vendor and used on the repair of equipment shall be new and conform to the original equipment manufacturees specifications unless otherwise approved, in advance, by the City of Evanston Fleet Services Rebuilt assemblies or sub-assembbes may be used in the repair of equipment only with prior approval of the City of Evanston Fleet Services when such is standard industry practice, and the rebwll assembly or sub -assembly Carnes the same warranty as a new assembly or sub -assembly Vendor must apply the appropriate core credit to the repair The vendor must reuse, recycle or dispose of all associated wastes in an environmentally friendly and responsible manner Installation of City Supplied Materials or Parts: On occasion, the City of Evanston will utilize materials or parts from retired veh¢les as a cost savings measure l'he vendor will be expected to install these materials or parts at the same rate as new pads excluding any pre -authorized repairlogruslung work to same The vendor shall submit invoices for all work completed at the time the repaired vehicle is ready for pick-up or delivery. Attachment C is a snapshot of the vehicles used by the City of Evanston Repair needs that may be required beyond those commonly listed. shall be priced In a manner consistent with the pricing schedule of the quoted services Term of Contract: This contract shall commence on December 1, 2009 and shall remain in effect through November 30, 2010. Notwithstanding, it shall be understood and agreed that any required warranty period which exceeds this term shall remain in full force for the duration of the warranty period Option to Renew for Three One Year Periods ( With Price Adjustment): The prices or daMUM5 quoted in this RFP shall prevail during the specified tens of the contract, at which time the City shot[ have the option to renew the contract for three additional one year periods. This option is a City prerogative and not a right of the Vendor and will be exercised only when such continuation is clearly in the best interest of the City During the option period, the City will consider an adjustment to the pricing structure if the manufacturer or supplier bodies the Vendor did price adjustment it shall be understood that such price adjustments shall not exceed the amount passed onto the Vendor/supplier by the manufacturer The Vendor shall notify the City of such adjustments during the option period at least thirty calendar days prior to the effective date of the new price to be charged to the City The City reserves the right to reject any prim adjustments submitted by the Vendor and/or to terminate the contract with the Vendor based on such price adjustments Award of Contract.'rhe City shall award the contract to the chosen Vendor due, the recommended vendor is approved by the City Council of Evanston, The General information, Scope of Services, and any Technical Specif¢atmns, the Vaccines Offer, and the Purchase Order and Pmfesstonai Ser nee Agreement are collectively an integral pad of the contract between the City of Evanston and the successful Vendor SUBMITTAL REQUIREMENTS Format Responses to this Request for Proposal should be in one volume. Any (rzm brochures crude, information pedammg to the qualification of the md,vduals may be submitted but most be included Err the single volume Four (A) paper copies of the submittal are required, including one (1) unbound odg,nal Submittals shall be prepared on standard recycled S 5 x 11 letter errs Pripet, double-spaced or one and one-half spaced, with material on both sides and separated by labeled tabs Proposers are advised to adhere to the Submittal Requirements F,lum to comply valh the instructions oflhls Request for Proposal maybe cause for rejection of the Proposal. The City reserves the right to accept any Proposals and/or any part or parts thereof and/or to reject any or all Proposals If a Proposal chooses to include material of a confidential nature in Its Proposal, such material should be identified as confidential, and the City will keep such information confidential to the extent permitted by tow Contents A list of the submittal requirements follows below, This list does not necessarily represent each submittal requirement for a complete Proposal At various points throughout this Request for Proposal, there are directions for submitting certain types of information or documentation, The detailed requirements for each submittal requirement can be found in the respective sections of this Request for Proposal Each Proposal must include the following items' Cover I after Signed by an authomzed representative of the Proposer, The letter must include the title of the representative and his or her responsibllRy with respect to the Services Executive Sumn»mdrr The executive summary or Production shall include a statement of the Proposers untlerstanding of the Services to be performed Disclosure of Gau ershto Interests Form Attachment A must be filled out and submitted with the proposal Llh di A discussion of, p) potential enforcement actions or pending litigation against the Proposer (or Against any subsidiary or parent of the Proposer or any subcontractor which the Proposer intends to use to provide a podlon of the Services) with a potential total judgment in excess of $100,000; and Qi) judgments, fines, sanctions and settlements entered in the last year in excess of $25,000 against the Proposer (or against any subsidiary or parent of the Proposer or any subcontractor which the Proposer intends to use to provide a portion of the Services) or against any lecithins owned or operated by the Proposer, Cost Proposals The Cost Proposals shall be submitted by completing all schedules included as Attachment C, The prices included in the Cost Proposals shall be effective for one year. RemSubmit at least three (3) municipal or large commercial references including name, address and telephone number of a contact person at the municipality or business responsible for monitoring the contract and a brief description of the services performed thereunder Assumptions Deviations and Extractions if exceptions or deviations from this Request for Proposal are evident, describe such exceptions or deviations and provide a rationale for such exceptions or deviations In no ant shall such assumption, deviation or exception involve the metrication ication oI any permits or approvals obtained by the City Failure to provide some or all of the information requested may be deemed, in the discretion of the City, to he cause for dexturi iiR eon of a Proposer Cerahcate of insurance At the time of award the proposer wAi be required to provide a cemficate of insurance naming me City of Evanston as an additional Insured Brd Bond ossecure its vide a b as required in the the for l set as ts, ach meet must provide a bond, m the Proposer, in the form set forth as Attachment Doora equal dcheckfromthe Proposer, drawn rnanational bank ifthe amount equal to one thousandcalled up n toII do o, a guarantee to the part of the Proposer that rc will, it called upon at d so, accept and sags into the Contract at rates no greater than those stated in Itsed Cost Proposals The brd bond of all unsuccessful Propose wig e ut returned after hie written successful Proposer has been selected and have executed the requited wntten agreements with the City. Evaluation Criteria The evaluation team composed of Public Works and Fleet Snider Staff will utiew the toliowrng potenti to evaluate the proposals of MOseari proposers d ar considered for interviews and/or potential negotiations Each egthe d to rassignedvaryingweights to reflect relative be Specie Presentin are it required to address each evaluation critena in the order listed and to e speafic in presenting their qualifications, • Qualifications, Experience and understanding of the services to be performed • References • Shop Hourly labor Rate • Start Time in Days from Receipt of Pads • Drscounf ON List Pdce for Parts • Pick-up and Delivery Charge • Pickup and Drop-off Service ocalmn Evaluation Schedule: The schedule for the evaWabon of proposals a as follows- Proposals due October 20, 2009 interviews/Shop Inspection Week of October 26, 2009 ContractlNoime-to-Proceed November 24, 2009 RFP CONTACTS liven have any questions regarding the RFP spechcolione contact Lonnie Jeschko, Manager Fleet Sorcerer, 847-866-2904 betchking1plvofevanstorvgot dyne have any questions regarding the submittal regarements, contact Jewell Jackson, Purchasing and Contacts Manager 847-866-2985 Jibp`iLn ci fvanstonera CONFIDENTIALITY Responses to this RFP become the exclusive property of the City of Evanston. Ail documents submitted in response to this RFP may be regarded as public records and may be sublet( to disclosure. Pmtec6on from disclosure generally applies to those elements in each submittal, wMch are marked a a"TRADE SECRET',"CONFIDENTIAL",or"PROPRIETARY" Dmegthe course of the submittal evaluation process or the course of the project, the Purchasing and Contracts Manager will accept materials clearly and prominently labeled "TRADE SECRET", "CONFIDENTIAL", or"PROPRIETARY" by the proposer or other submitting party The Purchasing and Contracts Manager will not advise as to the nature of the content of the documents entitled to protection t0 draclosurn, create the definition Of t.da secret confidential, orpropnetaryeformabon The proposer or other submitting party veil be solely responsible for all such determinations made by it, and for cleafry and prominently marking each and every page or sheet of matenals with "TRADE SECRET", "CONFIDENTIAL". or "PROPRIETARY"esitdetenninestobeappropnate Proposesswhichindiscr.minatelyse identify all or most of their submittal as protected from disclosure without lestimation may be deemed non-responswn The Purchasing and Contracts Manager will endeavor to advise the Proposer of any request for the disclosure of the material so marked with "TRADE SECRET", "CONFIDENTIAL", or 'PROPRIETARY", and give the proposer or other submitted party the opportunity to seek a coudolderto protectsuch materials here disclosure If the requested material was submitted by a party other than the proposer, the proposer shall be solely responsible for replying the submiting parry of the request The Oty's sole responslblify is to notify the proposer of the request for disclosure, and the City shall not be liable for any damages resulting out of such disclosure, whether such disclosure is deemed required bylaw, by an order of tend or administrative agency, or occurs through inadvertence, mistake, negligence on the and of the City or its officers, employees ATTACHMENTA DISCLOSURE OF OWNERSHIP INTERESTS City of Evanston Ordinance 15-0-78 requires ail Persons (APPLICANT) seeking to do business with the City to provide the following information with their proposal Every question must be answered, If the question isnot applicable, answer with "NA" APPLICANT NAME APPLICANT ADDRESS TELEPHONE NUMBER FAX NUMBER APPLICANT is (Check Buell. Corporator, ()2, Partnership If 3. Sole OwnerO 4 Association O 5Other( 1 Please answer the following questions on a separate attached sheet if necessary. ,SECTION I - CORPORATION I Names and addresses ofa11 Officers and Directors of Corporation. its, (Answer only if corporation has 33 or more shareholders) Names and addresses of all those shareholders owning shares equal to Orin excess of 3%of the proportional. ownership interest and the percentage of shareholder interest (Note Corpongkos which submit S E C. form I OK may substitute that statement for the material required herein) Is (Answer only if corporation has fewer than 33 shareholders) Names and addresses of all shareholders and percentage of interest of each herein, (Note Corporations which submit S E C. form 10K may substitute that statement for the mates ial requested herein ) SECTION ]- PARTNFRSHIPIASSOCIATIONI,IOINT VENTURE 10 2a The name, addoass, and percentage of Interest of each partner whose Interests therein, whclher linked or general, is equal to Orin excess of 3% 2b, Assoclations', The name and address of all officals, daecal and other members with 3"6 or greater interest. SECTION 3-1 RUSTS 3a Trust number andmatilatmn. A Name and address oftmmee or eslaw admmish.er 3C Tmst or estate beneUdanes Name, address, and percentage of interespn total entity SECTION 4 - At I APPLICANTS-ADOITION41 OISCI nCI IRS 4a Speafy which, If any, interests disclosed in Section 1, 2, or 3 are being hew by an agent or nominee, and give the name and address of principal 41, If any tterest named in Section 1,2, or 3 is being held by a "holding" corporator, or other "holding" entity not an individual, state the names and addresses of all parties holding more than a 3% interest in that "holding" corporation or entity as required to 1(a), I(b), i(c), 2(a), and 2(b) 4c If "constructive control" of any interest named in Sections 1,2, 3, or4 is held by another pady, give name and address of party with constructive control, ("Constructve control" refers to control established through voting trusts, proxies, or special terms of venture of partnership agreements.) I have not withheld disclosure of any interest known to me Information provided is accurate and current. Date Signature of Person Preparing Statement Title ATTEST Notary Public Notary Seat ATTACHMENT PROFESSIONAL SERVICE AGREEMENT CONTRACT BETWEEN THE CITY OF EVANSTON (OWNER) AND (CONTRACTOR) This is a Contract between the City of Evanston, an Illinois municipal conotation located at 2100 Ridge Avenue, Evanston, Ilimms 60201. belematter called "Owner, and located at hereinafter called "Contractor, to provide autoltruck body and collision repair services for the City of Evanston Public Works Depadmenl, Fleet Services Olmsion as set forth in RFP (Attachment A) ' Contractors services ate to be performed for the Owner who is locatetl at 2100 Makee Avenue, Evanston, Illinois 60201 Compensation hr et services povded by the Contractor under terms of the Contract Shan? be based on services provided in accordance will) fees set and, in the Contractors proposal attached hands and made a pad hereof as Attachment B Compensation for costs incurred as a adealtoflmpreperperformance by the Conbacerrearinot be allowed Delads of tiro Contract compensalion provisions follow in the text of the Contact and Standard Provisions incorporated by reference Compensation In excess of the Contract amount shall not be allowed unless approved na advance by the Owner by a wnllen Ciefect amendment. The Contractors mpresentahve is The representative can be contacted at phone), The Owners representative is__ The representative can be contacted at phone). Nothing in this Contract accords any fond -party bra iciary rights whatsoever to any non-party that may be enforced by any non-party to this Contract For the Contractor For the City of Evanston By By Title , Title Date: Date TABLE OFCONTENTS Article I Definitions Article 2 Contractor's Responsibilities 21 General 2.2 Subcontractors 23 Contractor's Representative Article 3 Owner's Responsibilities 3 1 Owner's Representative Article 4 Be" Scope of Services Article 5 Miscellaneous Provisions 51 General 52 Additional Services 5.3 Legal Relations 64 Indemnity 56 Insurance Requirements 56 Ownership of Contract Documents 57 Termination, Suspension or Abandonment 5.8 Contact Change Notification Article 6 Compensation 61 Basic Services 6S Invoicing and Payment AttechmentA — City of Evanston Request for Proposal# Attachment B — Contractors Proposal Ansta 1 Definitions 1 1 Owner means the City of Evanston 12 "Contractor" means 13 "ProjoWereaos sutoPouck body and collision repair services performed for the Owner ends, (his Contact. 14 Scope" means the performance of seences set forth In Attachment A. 1.5 "Services' means the autoltruck body and cof6ston pi services furnished by the Contractor to acrordance ivdh this Conjunct Article 2 Conbactefs Responsismies 21 General 21 1 The Contractors services consist of these services performed by the Contractor and Contractors employees as enumerated in Article 4 of this Contract, 2-1 2 The Contractor shall not conduct any work outside the Basic Scope of Services as set forth in Article 4 and shall not receive any additional compensation therefore without the prior written approval from the Owner m the form of an amendment to this Contract 213 The Contractor shall Provide services in accordance with the City Code of the City of Evanston and all other applicable codes and regulations set forth by any tovemmg bodies having jurisdiction over the Project 22 Subcarbactors 22.1 The names of all subconUactms used by the Contractor to perform specific services directly related to this Project shall be submitted to the Owner for approval in writing before their use on this Peal The guidelines, terms, conditions and requirements of this contract shall apply to all persons used by the Contractor to assist m the performance of this Contrac(. 222 If the Contractor's assistants, employees, or subcontractors prove unsahsfa rnop 223 Consent to assign, sublet orothendee transfer responsibility for any portwn of the Project shall not be oanstruad to relieve the Contractor of any responsibility for the fulfillment of this Contract, Nosubletting,subcontracbngorassrgnmentof any portion of the work under this Contract shall state, imply, intend or be construed to brat tile!egal lanky of eA)i the CONraclof or the sub-c.d mete, 23 Contractor's Representative 2 3 1 The Contractor shall designate a representative audoread to act on the Contractors behalf with respect to the Project Article 3 Owron s Responsibility 31 Owners Representative 3,11 The Owner shall designate a representative authorized to act on the Owners behalf with respect to the Contract Article 4 Basic Scope of Services 41 Required Services 4 1 1 As set forth in Attachment A A E 5 Miscellaneous Provisions 51 General 51 1 This Contract is made in Illinois and shall be governed by the laws of the State of Illinois In the event of litigation the venue shall be in Cook County, hlinois 5 1 2 This Contract represents the entire and integrated contract between the Owner and Contractor and supersedes all prior negotiations, representations or contracts, either written or oral. This Contract may be amended only by author instrument signed by both Owner and Contractor 51 3 This Contract has been negotiated and entered into by each party with the opportunity to consult independent counsel and should not be construed against one party or the other based on which party drafted any portion of the Contract, 51 4 Contractor hereby waives and forfeits all claims that any work, services or other activities were performed pursuant to an oral contract or other oral contract separate from this Contract. 51 5 It is understood that the obligations assumed in this Contract shall be binding upon the Owner and upon the Contractor, and upon the successors, executors, administrators and assigns of the padres hereto and that neither the Owner nor the Contractor shall assign, sub -contract or transfer their interest in this Contract 5 16 Whenever possible, each provision of this Contract shall be interpreted in a manner as to be effective and valid under applicable few If, however, any provision of this Contract, or portion thereof, is prohibited by law or found invalid under any law, only such provision or portion thereof shall be ineffective, without in any manner invalidating or affecting the remaining provisions of this Contract or valid portions of such provisions which are hereby deemed severable 51.7 The Contractor parities it has not been barred from being awarded a contract with a unit of State or local Government as a result of violation of Section 33E-3 or Section 33E of the Criminal Code of 1961 (bid rigging or bid rotating). 5.1.8 The Contractor certifies, pursuant to the Illinois Human Rights Act (7751LCS 512 105 at sag ), that II has written sexual harassment policy that includes, at a minimum, the following information (1) the Illegality of sexual harassment, (2) thi definition of sexual harassment under State law, (3) a description of sexual harassment utilizing examples, (4) The Contractors internal complaint process including penalties, (5) legal recourse, investigation and complaint process available through the Illinois Department of Human Rights and the Human Right: Commission and directions on how to contact both; and (6) protection against retaliation as provided to the Department of Human Rights 51 9 If any language or figures contained in any attachments or exhibits referenced herein are in conflict with this contract, this contract shall prevail. 5 1.10 All material communications between the parlors hereto shall be in writing, 52 Additional Services 5.2,1 If in the Contractor's opinion the Owner requests work not included in the Basic Scope of Services of this Contract (hereinafter referred to as "Additional Services") or reasonably inferable therein, the Contractor must promptly notify the Owner in writing if it is the Contractors opinion that extra compensation or additional time allowance is warranted 5 2 2 The Contractors proposal for Additional Services shall include the undfu etwn for the claim for extra compensation and the amount of additional fee an ffor time requested, All proposals for Additional Services shall be based on the billing rates provided In Attachment B 6.23 The Contractor shall not proceed with any Additional Services outside of the Basic Scope of Services unless and until the Owner has approved a written Contract amendment authorizing the Contractor to proceed Such Contract amendments shall include appropriate time extensions if the Owner determines they are warranted 5.3 Legal Relations 5.31 The Contractor shall become familiar with and shall at all times comply with and observe all federal, state and local laws, androgens moons and regulations which in any Manner affect the Project or the Contractors conduct 532 In carrying out the provisions of this Contract, or in exec cismg any power of authority granted to the Owner thereby, them shall be no personal liability upon the aulhomed representatives of the Owner, it being understood that in such matters they act as agents and representatives of the City of Evanston. 5 3 3 The Contractor or its officers, agents, and employees shall be responsible for any and all damages to property or persons arising out of a negligent act, error andlic omission in the Contractors performance of this Contract 534 The Contractor shall indemnify and hold bar house the Owner and all their officers, agents and employees on account of any damages to persons or properly resulting from negligence of the Contractor or its officers, agents, and employees arising out of, or in com eclion with the performance and completion of this Contract 535 Contractor shall be and act as an independent contractor and not as a partner, shalndenlnot nor to bred fast venturerto of the ctor andes solelympt deed any act Contractor is an innt pen t contracon ible for all taxes, withholdin gs, and other statute ry or contractual obligationspof any son, including, Compensation men and not timitetlto, Workindemnify oragrbut harmless from any and an armless from Contractor agrees to defend, indemnify and hold the eCityns all claims, damages, liability, aContractrto and expenses account of(ga failure or an alleged facture by Contractortosatisfy any such obligations or any other obligation this Contract or olhenwse) or (a) any other action or runder action of Contractor, 54 Indemnity 54,1 The Contractor indemnify, protect atand harmless the Owner, its agents, insave officials and employees, all injuries, deaths, loss damages, consultants, officials and may claims, suits. costs and expenses which may in anywise accrue suit against the Owner in consequence of the granting of this Contract or winch may in co In anywise result there from, whether or not it shall alleged or is Contractor or his the act was caused through the negligent act or omission of the, if any and the or her employees, of the sub -contractor or his her employees, h any and the er oexpe Contactor shall, at his or her own expense, appear, defend and pay ail charges p of attorneys and all coals and other expensed there from incurred in all be ai w connection therewith; and, deny lodgments shall be rendered against the Owner in any such act, the Contractor shall, at his or her own expense, satisfy and dischaige same 55 Insurance 5,51 Contractor shall carry and maintain at its own cost, with such companies as are acceptable to Owner, all necessary liability insurance (which shalt include minimumas a the requirements set forth below) during the term of this Contract, for damages caused or contributed to by Consultant, and Insuring Consultant against claims which may arise out of or result from Consultant's performance 01 failure to perform the Services hereunder: I Winkel'a compensation In statutory limits and employers liability msurancr in the amount of at least $500,000 2 Comprehensive general liability coverage, and designating Owner as additional Insured for not less than $i 000,000 combined single frrt for bodily Injury, death and property damage, per occurrence 3 Comprehensive automobile liability Insurance covering owned non -owned and leased vehicles for not less than $1,000,000 combined single Inch for bodily injury, death or property damage, per occurrence A Errors and omissions or professional liability Insurance respecting any insurable professional services hereunder in the amount of at least ,000,000, 5 5 2 Work can not commence until the Contractor has provided the Owner first with certificates of Insurance and, if requested by Owner, certified copies of the policies of Insurance evidencing the coverage and amounts set forth in this Section. Contractor's certificate of Insurance shall contain a provision that the coverage afforded under the pollcy(s) will not be canceled or reduced without ty (60) days prior written notice (hand delivered or registered marl) to Owner', 56 Ownership of Contract Documents 561 Contractor Is specifically prohibited from using in any form or medium, the name of the Owner for public advertisement, unless expressly granted by written permission of the Owner 56,2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the Owner's reserved rights. 5.7 Termination, Suspension or Abandonment 571 rhls Contract may be terminated by the Owner upon not less than seven (7) days written notice, or immediately in the event the Owner determines that the continuation of this Contract presents a threat to the public health, welfare, or safety In the event of a termination of services by the Owner, the Owner shall have no liability of any kind whatsoever to the Contractor after the termination date including any claim for lost profit or opportunities 5,7,2 In the event of termination of the contract, the Contractor shall be compensated for services performed prior to termination. 5 7 3 If the Owner suspends the Project more than thirty (30) consecutive days, the Contractor will he compensated for services performed prior to notice of suspension on a prorated bans. The City shall have no further liability whatsoever to Contractor after suspension of Coniractoi s services including, but not limited to, any and all claims for lost profits or opportunities, 574 If the Owner fails to make payments in accordance with Article 7, the Contractor may, upon thirty (30) days' written notice to the Owner, suspend performance of services under this Contract In the event of a suspension of services, the Contractor shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services Contractor shall not suspend services in the event of a good faith dispute between Contractor and the City. 575 If the Owner commits a material breach of this Contract, the Contractor may terminate this Contract by written notice to the Owner only after the Owner has been given a written notice of a material breach by the Contractor and does not cure the fedure within a period of ten (10) business days 5.70 Obligations imposed on Contractor by paragraphs 5 4 and 5.5 of this contract survive termination of this contract for any reason including full perfm mance 577 The Owner will give Contractor(60) days written notice to cure any unsatisfactory areas deemed so by owner, If contractor does not cure the deficiencies within that lime period, the contract will be terminated at all facilities regardless of facility with unsatisfactory cleaning 5 8 Contact Change Notification 51 Contact Names and Addresses Notices required or sent under this contract shall be sent in writing and directed as follows 5, 1.1 To the Owner 512 To the Contractor 52 Mailing, Notices shall be sent by First Gass mad, with the postage pre -paid, return receipt requested or by descried personal delivery 53 Notice Notice is effective on the third business day, if mailed, and upon delivery, if personalty delivered Aside 6 Compensation 61 Basra Services 6 1,1 Payments for Services shall be made on a monthly basis after performance of services by the Contractor and acceptance by the Owner Such payment shall be full compensation for Contractors services rendered in that per ad 6,12 The Contractor will not receive additional compensation to complete the Services for this Project as outlined in Article 4 unless Additional Services are required and authorized by the Owner in writing in advance. 6 1,3 The Owner has the equitable right to set off against any sum due and payable to the Contractor under Ibis Contract, any amount the Owner determines the Contractor owes the Owner, whether arising under this Contract or under any other Contract or otherwise 6 2 Invoicing and Payment 621 Payment will be made in accordance with all local ordinances and regulations of the Owner and in accordance with the Illinois Prompt Payment Act. To be eligible for payment, all invoices must be pre -approved by the City OOggqd. Requests for payment must be received at least two weeks prior to a proposed City Council meaning date No payment request Is eligible for submission to City Council unless first approved as to its completeness and accuracy by the Department Director or hislher designee. 6 2 2 Compensation in excess of the total Contract amount will not be allowed unless justified in the Owner's We judgment and authorized in advance by a written Contract amendment. 623 Compensation for improper performance by the Contractor will not be allowed _ y�'Nu ���rx J �