HomeMy WebLinkAboutCompass Transportation - 2024 Summer Bus Transportation (Bid #24-13) Memorandum
To: Honorable Mayor and Members of the City Council
CC: Members of Administration and Public Works Committee
From: Audrey Thompson, Parks & Recreation Director
CC: Matt Poole, Parks and Recreation Deputy Director
Subject: Approval of Contract Award for Parks and Recreation Department
2024 Summer Bus Transportation (Bid #24-13)
Date: March 25, 2024
Recommended Action:
Staff recommends that the City Council authorize the City Manager to execute a contract with
Compass Transportation. (5740 N. Tripp St., Chicago, IL 60646) in the amount not to
exceed $69,189.25. Compass Transportation was the lowest responsive bidder for the Parks
and Recreation Department 2024 Summer Bus Transportation bid. They submitted a base
bid of $65,189.25 and a $69.50 per hour cost for any additional trips that may be necessary.
Funding Source:
An allocation for transportation funding is budgeted in the following Business Units:
Council Action:
For Action
Doc ID: eb065797115a29c3194b405f804caa71d438a78c
Summary:
The Parks and Recreation Department operates several summer camp programs in which
enrolled participants take field trips to a variety of locations in Evanston and other
Chicago/Suburban attractions. The following are examples of the transportation destinations:
Evanston beaches, ETHS, Evanston Public Library, Chicago Theatre, Classic Bowl, Lincoln
Park Zoo, and additional locations, as well as shuttles for Special Recreation and Lakefront
Camps. Approximately seventy-seven trips and shuttles are needed for contracted vendor
transportation. Our four city-owned buses will provide transportation for the other two
hundred and eight summer trips.
Four companies submitted bids for the 2024 summer bus transportation. Bids were sent
directly to seven potential respondents, including one Evanston vendor, and advertised on
Demand Star. Compass Transportation submitted the lowest, most complete base bid of
$65,189.25 for seventy-seven trips and a special recreation shuttle service. In addition to the
base bid, vendors were asked to submit a rate for additional trips should one of the city’s
buses not be available. Staff recommends adding a $4,000 contingency amount for additional
trips to the base bid in the event of added trips or mechanical failure on one of the COE-
owned buses. Should an additional trip be necessary, it will be charged to that specific camp
operations line item.
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*Pricing rate for additional trips, should they be necessary.
Compass Transportation provides transportation for several Northshore school districts and
Park Districts. Compass Transportation provided summer bus service for Parks and
Recreation camps in 2023. During that time, the transportation provided was always safe and
on time. They addressed any issues that arose immediately, and their customer service was
outstanding.
Attachments:
Bus Trip Schedule
Professional Services Agreement
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Date
# of
Buses Depart from Destination Address
Destination City, State,
Zip
Time Depart
from Camp
Time Return
to Camp
6/12/2024 4 1801 Main St. Evanston, IL 60202 9850 Balmoral Ave Rosemont, IL 60018 10:00 AM 3:00 PM
6/12/2024 3 1655 Foster
6/13/2024 2 1801 Main St. Evanston, IL 60202 2740 Gross Point Rd Evanston,IL,60201 9:45 AM 12:30 PM
6/13/2024 2 1802 Main St. Evanston, IL 60202 4650 Brummel St, Skokie, IL 60076 9:15 AM 12:00 PM
6/14/2024 4 1801 Main St. Evanston, IL 60202 337 E. Randolph St. Chicago, IL 60601 10:30 AM 3:30 PM
6/18/2024 1 James Park Shelter 525 Sheridan Square Evanston, IL 60202 1:30 PM 3:30 PM
6/18/2024 2 1801 Main St. Evanston, IL 60202 1811 Sheridan Rd. Evanston, IL 60208 9:45 AM 12:30 PM
6/18/2024 1 Lighthouse Beach, 2603 Sheridan 4100 IL-53 Lisle, IL 60532 9:40 AM 2:30 AM
6/18/2024 2 Lincolnwood Elem, 2600 Colfax 3120 Milwaukee Ave Northbrook, IL 60062 9:40 AM 2:00 PM
6/18/2024 1 Lovelace Park, 2740 Gross Point 1400 S Lake Shore Drive Chicago, IL 60605 9:40 AM 2:30 AM
6/18/2024 1 small Noyes 9:25 AM by 2:15
6/20/2024 2 James Park Shelter 200 E Cermak Rd Chicago, IL 60616 9:45 AM 3:00 PM
6/20/2024 4 1801 Main St. Evanston, IL 60202 200 E. Cermak Rd. Chicago, IL 60616 10:00 AM 2:00 PM
6/21/2024 2 1801 Main St. Evanston, IL 60202 3220 Oakton St. Skokie, IL 60076 12:15 PM 3:00 PM
6/21/2024 3 1655 Foster Clark St, Beach Evanston Il 60201
6/26/2024 1 Leahy Park Shelter 8530 Waukegan Rd Morton Grove, IL, 60053 9:45 AM 11:45 AM
6/26/2024 2 1802 Main St. Evanston, IL, 60202 1811 Sheridan Rd. Evanston, IL 60208 9:30 AM 12:00 PM
6/26/2024 2 1801 Main St. Evanston, IL 60202 1103 S. Main St. Lombard, IL 60148 10:00 AM 4:00 PM
6/26/2024 2 1801 Main St. Evanston, IL 60202 701 W North Ave. Villa Park, IL 60181 10:00 AM 4:00 PM
6/26/2024 3 1655 Foster 9800 Balmoral Rosemont IL, 60018
6/27/2024 2 1801 Main st. Evanston, IL 60202 9:45 AM 12:30 PM
6/27/2024 2 Lincolnwood Elem, 2600 Colfax 2603 Sheridan Rd. Evanston, IL 60201 9:45 AM 2:30 PM
6/27/2024 1 Lincolnwood Elem, 2600 Colfax 2603 Sheridan Rd.Evanston, IL 60201 9:45 AM 11:45 AM
6/28/2024 1 Lovelace Park, 2740 Gross Point 2603 Sheridan Rd.Evanston, IL 60201 9:40 AM 2:30 PM
6/28/2024 1 Lighthouse Beach, 2603 Sheridan 3220 Oakton St Skokie, IL 60076 9:40 AM 12:15 PM
7/2/2024 1 James Park Shelter 3220 Oakton St Skokie, IL 60076 9:40 AM 12:20 PM
7/2/2024 4 1801 Main St. Evanston, IL 60202 8400 31st St. Brookfield, IL 60513 10:00 AM 3:30 PM
7/2/2024 2 Lincolnwood Elem, 2600 Colfax 1356 N Gary Ave Wheaton, IL 60187 9:40 AM 2:30 PM
7/3/2024 2 1802 Main St. Evanston, IL 60202 6424 W Howard St, Niles, IL 60714 9:30 AM 12:00 PM
7/3/2024 3 1655 Foster 2454 Oakton Evanston Il 60202
7/5/2024 4 1801 Main St. Evanston, IL 60202 7401 W 25th St. North Riverside, IL 60546 10:00 AM 4:00 PM
7/5/2024 3 1655 Foster Clark St, Beach Evanston Il 60201
7/10/2024 2 James Park Shelter 200 E Cermak Rd Chicago, IL 60616 9:45 AM 3:00 PM
7/10/2024 4 1801 Main St. Evanston, IL 60202 200 E. Cermak Rd. Chicago, IL 60616 10:00 AM 2:00 PM
7/10/2024 3 1655 Foster 2430 N. Cannon Dr, Chicago IL, 60614
7/11/2024 2 1801 Main St. Evanston, IL 60202 9:45 AM 12:30 PM
7/11/2024 2 1802 Main St. Evanston, IL 60202 2001 N. Clark Chicago, IL 60614 9:15 AM 12:00 PM
7/11/2024 2 Lincolnwood Elem, 2600 Colfax 2603 Sheridan Rd.Evanston, IL 60201 9:45 AM 2:30 PM
7/12/2024 2 1801 Main St. Evanston, IL 60202 1811 Sheridan Rd. Evanston, IL 60208 9:45 AM 12:30 PM
7/12/2024 2 1801 Main St. Evanston, IL 60202 1811 Sheridan Rd. Evanston, IL 60208 12:45 PM 3:30 PM
7/16/2024 4 1801 Main St. Evanston, IL 60202 9850 Balmoral Ave Rosemont, IL 60018 10:00 AM 3:00 PM
7/16/2024 1 Lighthouse Beach, 2603 Sheridan 2430 N Cannon Dr Chicago, IL 60614 9:40 AM 2:00 PM
7/16/2024 2 Lincolnwood Elem, 2600 Colfax 1111 E Schaumburg Rd Schaumburg, IL 60194 9:40 AM 2:30 PM
7/16/2024 1 Lovelace Park, 2740 Gross Point 2400 Compass Rd Glenview, IL 60026 9:40 AM 2:00 PM
7/17/2024 4 1801 Main St. Evanston, IL 60202 9:45 AM 12:30 PM
7/17/2024 3 1655 Foster Skokie Il
7/18/2024 2 1802 Main St. Evanston, IL 60202 4701 Oakton St Skokie, IL 60076 9:15 AM 12:00 PM
7/18/2024 2 1801 Main St. Evanston,IL 60202 3220 Oakton St. Skokie, IL 60076 12:15 PM 3:00 PM
7/18/2024 1 Lovelace Park, 2740 Gross Point 3220 Oakton St Skokie, IL 60076 9:40 AM 12:15 PM
7/18/2024 1 bus Noyes
7/19/2024 4 1801 Main St. Evanston, IL 60202 5051 Cal Sag Rd. Crestwood, IL 60418 9:30 AM 4:00 PM
7/23/2024 2 1801 Main St. Evanston, IL 60202 9:45 AM 12:30 PM
7/24/2024 2 1801 Main St. Evanston, IL 60202 1103 S. Main St. Lombard, IL 60148 10:00 AM 4:00 PM
7/24/2024 2 1801 Main St. Evanston, IL 60202 701 W North Ave. Villa Park, IL 60181 10:00 AM 4:00 PM
7/24/2024 1 Lighthouse Beach, 2603 Sheridan 2024 McCormick Blvd.Evanston, IL 60201 9:40 AM 11:45 PM
7/24/2024 3 1655 Foster 200 Rev. Morrison Blvd Elkgrove Village IL, 60007
7/25/2024 2 1801 Main St. Evanston, IL 60202 9:45 AM 12:30 PM
7/25/2024 1 Orrington 1000 Lake Cook Road Glencoe, IL 9:25 AM
7/26/2024 2 1801 Main St. Evanston, Il 60202 1811 Sheridan Rd. Evanston, IL 60208 9:45 AM 12:30 PM
7/26/2024 2 1801 Main St. Evanston, IL 60202 1811 Sheridan Rd. Evanston, IL 60208 12:45 PM 3:30 PM
7/30/2024 2 1801 Main St. Evanston, Il 60202 9:45 AM 12:30 PM
7/30/2024 2 Lincolnwood Elem, 2600 Colfax 2001 N Clark St Chicago, IL 60614 10:00 AM 2:00 PM
7/30/2024 1 Lovelace Park, 2740 Gross Point 1601 N Clark St Chicago, IL 60614 9:40 AM 2:00 PM
7/31/2024 2 1802 Main St. Evanston, Il 60202 2100 Patriot BLVD Glenview, IL 60026 9:15 AM 12:00 PM
7/31/2024 4 1801 Main St. Evanston, IL 60202 337 E. Randolph St. Chicago, IL 60601 10:30 AM 3:30 PM
8/1/2024 1 Rock Cut State Park, 7318 Harlem 2603 Sheridan Rd.Evanston, IL 60201 NA (one way)3:30 PM
8/1/2024 1 Lovelace Park, 2740 Gross Point 3220 Oakton St Skokie, IL 60076 9:40 AM 12:15 PM
8/2/2024 1 James Park Shelter 525 Sheridan Square Evanston, IL 60202 1:30 PM 3:30 PM
8/2/2024 3 1655 Foster Clark St, Beach Evanston Il 60201
Page 4 of 18 Doc ID: eb065797115a29c3194b405f804caa71d438a78c
8/6/2024 1 Lighthouse Beach, 2603 Sheridan 3220 Oakton St Skokie, IL 60076 9:40 AM 12:15 PM
8/6/2024 1 Lovelace Park, 2740 Gross Point 2603 Sheridan Rd.Evanston, IL 60201 9:40 AM 2:30 PM
8/6/2024 1 TBD 60201 2603 Sheridan Rd.Evanston, IL 60201 9:40 AM 2:30 PM
8/7/2024 1 Leahy Park Shelter 8530 Waukegan Rd Morton Grove, IL, 60053 9:45 AM 11:45 AM
8/7/2024 1 Lighthouse Beach, 2603 Sheridan 2001 N Clark St Chicago, IL 60614 9:40 AM 2:30 PM
8/7/2024 1 Lovelace Park, 2740 Gross Point 2001 N Clark St Chicago, IL 60614 9:40 AM 2:30 PM
8/7/2024 1 TBD 60201 2001 N Clark St Chicago, IL 60614 9:40 AM 2:30 PM
Page 5 of 18 Doc ID: eb065797115a29c3194b405f804caa71d438a78c
Exhibit J
CITY OF EVANSTON
PROFESSIONAL SERVICES AGREEMENT
The parties referenced herein desire to enter into an agreement for professional
services for
Parks and Recreation Department Summer Bus Transportation
BID Number: #24-13
THIS AGREEMENT (hereinafter referred to as the “Agreement”) entered into this
25th day of March, 2024. between the City of Evanston, an Illinois municipal
corporation with offices located at 2100 Ridge Avenue, Evanston Illinois 60201
(hereinafter referred to as the “City”), and Compass Transportation with offices located
at 5740 N. Tripp St. Chicago, IL 60646 (hereinafter referred to as the “Consultant”).
Compensation for all basic Services (“the Services”) provided by the Consultant
pursuant to the terms of this Agreement shall not exceed $68,113.25.
I. COMMENCEMENT DATE
Consultant shall commence the Services on June 1, 2024 or no later than
three (3) DAYS AFTER City executes and delivers this Agreement to
Consultant.
II. COMPLETION DATE
Consultant shall complete the Services by August 31, 2024. If this Agreement
provides for renewals after an initial term, no renewal shall begin until agreed to
in writing by both parties prior to the completion date of this Agreement.
III. PAYMENTS
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City shall pay Consultant those fees as provided here: Payment shall be
made upon the completion of each task for a project, as set forth in Exhibit
A – Project Milestones and Deliverables. Any expenses in addition to those
set forth here must be specifically approved by the City in writing in
advance.
IV. DESCRIPTION OF SERVICES
Consultant shall perform the services (the “Services”) set forth here: Services are
those as defined in Exhibit A, the City’s Request for Proposal/Qualifications No. #
24-13 (Exhibit B) and Consultant’s Response to the Proposal (Exhibit C).
Services may include, if any, other documented discussions and agreements
regarding scope of work and cost (Exhibit D).
V. GENERAL PROVISIONS
A. Services. Consultant shall perform the Services in a professional and
workmanlike manner. All Services performed and documentation
(regardless of format) provided by Consultant shall be in accordance with
the standards of reasonable care and skill of the profession, free from
errors or omissions, ambiguities, coordination problems, and other
defects. Consultant shall take into account any and all applicable plans
and/or specifications furnished by City, or by others at City’s direction or
request, to Consultant during the term of this Agreement. All materials,
buildings, structures, or equipment designed or selected by Consultant
shall be workable and fit for the intended use thereof, and will comply with
all applicable governmental requirements. Consultant shall require its
employees to observe the working hours, rules, security regulations and
holiday schedules of City while working and to perform its Services in a
manner which does not unreasonably interfere with the City’s business
and operations, or the business and operations of other tenants and
occupants in the City which may be affected by the work relative to this
Agreement. Consultant shall take all necessary precautions to assure the
safety of its employees who are engaged in the performance of the
Services, all equipment and supplies used in connection therewith, and all
property of City or other parties that may be affected in connection
therewith. If requested by City, Consultant shall promptly replace any
employee or agent performing the Services if, in the opinion of the City,
the performance of the employee or agent is unsatisfactory.
Consultant is responsible for conforming its final work product to generally
accepted professional standards for all work performed pursuant to this
Agreement. Nothing in this Agreement accords any third-party beneficiary
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rights whatsoever to any non-party to this Agreement that any non-party
may seek to enforce. Consultant acknowledges and agrees that should
Consultant or its sub-consultants provide false information, or fail to be or
remain in compliance with this Agreement; the City may void this
Agreement. The Consultant warrants and states that it has read the
Contract Documents, and agrees to be bound thereby, including all
performance guarantees as respects Consultant’s work and all indemnity
and insurance requirements.
The Consultant shall obtain prior approval from the City prior to sub-
contracting with any entity or person to perform any of the work required
under this Agreement. If the Consultant sub-contracts any of the services
to be performed under this Agreement, the sub-consultant agreement
shall provide that the services to be performed under any such agreement
shall not be sublet, sold, transferred, assigned or otherwise disposed of to
another entity or person without the City’s prior written consent. The
Consultant shall be responsible for the accuracy and quality of any sub-
consultant’s work.
All sub-consultant agreements shall include verbatim or by reference the
provisions in this Agreement binding upon Consultant as to all Services
provided by this Agreement, such that it is binding upon each and every
sub-consultant that does work or provides Services under this Agreement.
The Consultant shall cooperate fully with the City, other City contractors,
other municipalities and local government officials, public utility
companies, and others, as may be directed by the City. This shall include
attendance at meetings, discussions and hearings as requested by the
City. This cooperation shall extend to any investigation, hearings or
meetings convened or instituted by the City, any of its departments, and/or
OSHA relative to this Project, as necessary. Consultant shall cooperate
with the City in scheduling and performing its Work to avoid conflict, delay
in or interference with the work of others, if any, at the Project.
Except as otherwise provided herein, the nature and scope of Services
specified in this Agreement may only be modified by a writing approved by
both parties. This Agreement may be modified or amended from time to
time provided, however, that no such amendment or modification shall be
effective unless reduced to writing and duly authorized and signed by the
authorized representatives of the parties.
B. Representation and Warranties. Consultant represents and warrants
that: (1) Consultant possesses and will keep in force all required licenses
to perform the Services; (2) the employees of Consultant performing the
Services are fully qualified, licensed as required, and skilled to perform the
Services.
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C. Breach/Default. Any one of the following events shall be deemed an
event of default hereunder by Consultant, subject to Consultant’s right to
cure:
1. Failure to perform the Services as defined in Paragraph A above and
contained within Exhibit A;
2. Failure to comply with any other of the General Provisions contained
within this contract.
Consultant, within thirty (30) days, shall have the right to cure any default
herein listed at its own expense, including completion of Services or the
replacement or termination of any agent, employee, or sub-contractor as a
result of any violation of the General Provisions contained herein.
D. Remedy. City does not waive any right to exercise any option to cure
any breach or default on the part of contractor, including but not limited to
injunctive relief, an action in law or equity or termination of this Agreement
as outlined in Paragraph E of this section.
E. Termination. City may, at any time, with or without cause, terminate this
Agreement upon seven (7) days written notice to Consultant. If the City
terminates this agreement, the City will make payment to Consultant for
Services performed prior to termination. Payments made by the City
pursuant to this Agreement are subject to sufficient appropriations made
by the City of Evanston City Council. In the event of termination resulting
from non-appropriation or insufficient appropriation by the City Council, the
City’s obligations hereunder shall cease and there shall be no penalty or
further payment required. In the event of an emergency or threat to the
life, safety or welfare of the citizens of the City, the City shall have the right
terminate this Agreement without prior written notice. Within thirty (30)
days of termination of this Agreement, the Consultant shall turn over to the
City any documents, drafts, and materials, including but not limited to,
outstanding work product, data, studies, test results, source documents,
AutoCAD Version 2007, PDF, ARTView, Word, Excel spreadsheets,
technical specifications and calculations, and any other such items
specifically identified by the City related to the Services herein.
F. Independent Consultant. Consultant’s status shall be that of an
independent Consultant and not that of a servant, agent, or employee of
City. Consultant shall not hold Consultant out, nor claim to be acting, as a
servant, agent or employee of City. Consultant is not authorized to, and
shall not, make or undertake any agreement, understanding, waiver or
representation on behalf of City. Consultant shall at its own expense
comply with all applicable workers compensation, unemployment
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insurance, employer’s liability, tax withholding, minimum wage and hour,
and other federal, state, county and municipal laws, ordinances, rules,
regulations and orders. Consultant shall require its employees to observe
the working hours, rules, security regulations and holiday schedules of
City, including but not limited to all policies and work rules applicable to
City employees while on City property such as the Workplace Harassment
Policy; COVID-19 Vaccination Policy; and Drug and Alcohol Policy.
Consultant agrees to abide by the Occupational Safety & Health Act of
1970 (OSHA), and as the same may be amended from time to time,
applicable state and municipal safety and health laws and all regulations
pursuant thereto. Consultant shall certify that its agents, employees and
subcontractors are in compliance with City work rules applicable to City
employees while on City property. Failure to certify or violation of work
rules is subject to the Default provisions of Paragraph C.
G. Conflict of Interest. Consultant represents and warrants that no prior or
present services provided by Consultant to third parties conflict with the
interests of City in respect to the Services being provided hereunder
except as shall have been expressly disclosed in writing by Consultant to
City and consented to in writing to City.
H. Ownership of Documents and Other Materials. All originals, duplicates
and negatives of all plans, drawings, reports, photographs, charts,
programs, models, specimens, specifications, AutoCAD Version 2007,
Excel spreadsheets, PDF, and other documents or materials required to
be furnished by Consultant hereunder, including drafts and reproduction
copies thereof, shall be and remain the exclusive property of City, and City
shall have the unlimited right to publish and use all or any part of the same
without payment of any additional royalty, charge, or other compensation
to Consultant. Upon the termination of this Agreement, or upon request of
City, during any stage of the Services, Consultant shall promptly deliver all
such materials to City. Consultant shall not publish, transfer, license or,
except in connection with carrying out obligations under this Agreement,
use or reuse all or any part of such reports and other documents, including
working pages, without the prior written approval of City, provided,
however, that Consultant may retain copies of the same for Consultant’s
own general reference.
I. Payment. Invoices for payment shall be submitted by Consultant to City
at the address set forth above, together with reasonable supporting
documentation, City may require such additional supporting
documentation as City reasonably deems necessary or desirable.
Payment shall be made in accordance with the Illinois Local Government
Prompt Payment Act, after City’s receipt of an invoice and all such
supporting documentation.
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J. Right to Audit. Consultant shall for a period of three years following
performance of the Services, keep and make available for the inspection,
examination and audit by City or City’s authorized employees, agents or
representatives, at all reasonable time, all records respecting the services
and expenses incurred by Consultant, including without limitation, all book,
accounts, memoranda, receipts, ledgers, canceled checks, and any other
documents indicating, documenting, verifying or substantiating the cost
and appropriateness of any and all expenses. If any invoice submitted by
Consultant is found to have been overstated, Consultant shall provide City
an immediate refund of the overpayment together with interest at the
highest rate permitted by applicable law, and shall reimburse all of City’s
expenses for and in connection with the audit respecting such invoice.
K. Indemnity. Consultant shall defend, indemnify and hold harmless the
City and its officers, elected and appointed officials, agents, and
employees from any and all liability, losses, or damages as a result of
claims, demands, suits, actions, or proceedings of any kind or nature,
including but not limited to costs, and fees, including attorney’s fees,
judgments or settlements, resulting from or arising out of any negligent or
willful act or omission on the part of the Consultant or Consultant’s sub-
contractors, employees, agents or sub-contractors during the performance
of this Agreement. Such indemnification shall not be limited by reason of
the enumeration of any insurance coverage herein provided. This
provision shall survive completion, expiration, or termination of this
Agreement.
Nothing contained herein shall be construed as prohibiting the City, or its
officers, agents, or employees, from defending through the selection and
use of their own agents, attorneys, and experts, any claims, actions or
suits brought against them. The Consultant shall be liable for the costs,
fees, and expenses incurred in the defense of any such claims, actions, or
suits. Nothing herein shall be construed as a limitation or waiver of
defenses available to the City and employees and agents, including but
not limited to the Illinois Local Governmental and Governmental
Employees Tort Immunity Act, 745 ILCS 10/1-101 et seq.
At the City Corporation Counsel’s option, Consultant must defend all suits
brought upon all such Losses and must pay all costs and expenses
incidental to them, but the City has the right, at its option, to participate, at
its own cost, in the defense of any suit, without relieving Consultant of any
of its obligations under this Agreement. Any settlement of any claim or suit
related to this Agreement by Consultant must be made only with the prior
written consent of the City Corporation Counsel, if the settlement requires
any action on the part of the City.
To the extent permissible by law, Consultant waives any limits to the
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amount of its obligations to indemnify, defend, or contribute to any sums
due under any Losses, including any claim by any employee of Consultant
that may be subject to the Illinois Workers Compensation Act, 820 ILCS
305/1 et seq. or any other related law or judicial decision, including but not
limited to, Kotecki v. Cyclops Welding Corporation, 146 Ill. 2d 155 (1991).
The City, however, does not waive any limitations it may have on its
liability under the Illinois Workers Compensation Act, the Illinois Pension
Code or any other statute.
Consultant shall be responsible for any losses and costs to repair or
remedy work performed under this Agreement resulting from or arising out
of any act or omission, neglect, or misconduct in the performance of its
Work or its sub-consultants’ work. Acceptance of the work by the City will
not relieve the Consultant of the responsibility for subsequent correction of
any such error, omissions and/or negligent acts or of its liability for loss or
damage resulting therefrom. All provisions of this Section shall survive
completion, expiration, or termination of this Agreement.
L. Insurance. Consultant shall carry and maintain at its own cost with such
companies as are reasonably acceptable to City all necessary liability
insurance (which shall include as a minimum the requirements set forth
below) during the term of this Agreement, 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 Services hereunder: (1) worker’s compensation in statutory
limits and employer’s liability insurance in the amount of at least $500,000,
(2) comprehensive general liability coverage, and designating City as
additional insured for not less than $3,000,000 combined single limit 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 limit for
bodily injury, death or property damage, per occurrence, and (4) errors
and omissions or professional liability insurance respecting any insurable
professional services hereunder in the amount of at least $1,000,000.
Consultant shall give to the City certificates of insurance for all Services
done pursuant to this Agreement before Consultant performs any
Services, and, if requested by City, certified copies of the policies of
insurance evidencing the coverage and amounts set forth in this Section.
The City may also require Consultant to provide copies of the Additional
Insured Endorsement to said policy (ies) which name the City as an
Additional Insured for all of Consultant’s Services and work under this
Agreement. Any limitations or modification on the certificate of insurance
issued to the City in compliance with this Section that conflict with the
provisions of this Section shall have no force and effect. Consultant’s
certificate of insurance shall contain a provision that the coverage afforded
under the policy(s) will not be canceled or reduced without thirty (30) days
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prior written notice (hand delivered or registered mail) to City. Consultant
understands that the acceptance of certificates, policies and any other
documents by the City in no way releases the Consultant and its sub-
contractors from the requirements set forth herein. Consultant expressly
agrees to waive its rights, benefits and entitlements under the “Other
Insurance” clause of its commercial general liability insurance policy as
respects the City. In the event Consultant fails to purchase or procure
insurance as required above, the parties expressly agree that Consultant
shall be in default under this Agreement, and that the City may recover all
losses, attorney’s fees and costs expended in pursuing a remedy or
reimbursement, at law or in equity, against Consultant.
Consultant acknowledges and agrees that if it fails to comply with all
requirements of this Section, that the City may void this Agreement.
M. Confidentiality. In connection with this Agreement, City may provide
Consultant with information to enable Consultant to render the Services
hereunder, or Consultant may develop confidential information for City.
Consultant agrees (i) to treat, and to obligate Consultant’s employees to
treat, as secret and confidential all such information whether or not
identified by City as confidential, (ii) not to disclose any such information
or make available any reports, recommendations and /or conclusions
which Consultant may make for City to any person, firm or corporation or
use the same in any manner whatsoever without first obtaining City’s
written approval, and (iii) not to disclose to City any information obtained
by Consultant on a confidential basis from any third party unless
Consultant shall have first received written permission from such third
party to disclose such information.
Pursuant to the Illinois Freedom of Information Act, 5 ILCS 140/7(2),
records in the possession of others whom the City has contracted with to
perform a governmental function are covered by the Act and subject to
disclosure within limited statutory timeframes (five (5) working days with a
possible five (5) working day extension). Upon notification from the City
that it has received a Freedom of Information Act request that calls for
records within the Consultant’s control, the Consultant shall promptly
provide all requested records to the City so that the City may comply with
the request within the required timeframe. The City and the Consultant
shall cooperate to determine what records are subject to such a request
and whether or not any exemption to the disclosure of such records or part
thereof is applicable. Vendor shall indemnify and defend the City from
and against all claims arising from the City’s exceptions to disclosing
certain records which Vendor may designate as proprietary or confidential.
Compliance by the City with an opinion or a directive from the Illinois
Public Access Counselor or the Attorney General under FOIA, or with a
Doc ID: eb065797115a29c3194b405f804caa71d438a78c
decision or order of Court with jurisdiction over the City, shall not be a
violation of this Section.
N. Use of City’s Name or Picture of Property. Consultant shall not in the
course of performance of this Agreement or thereafter use or permit the
use of City’s name nor the name of any affiliate of City, nor any picture of
or reference to its Services in any advertising, promotional or other
materials prepared by or on behalf of Consultant, nor disclose or transmit
the same to any other party.
O. No Assignments or Sub-contracts. Consultant shall not assign or sub-
contract all or any part or its rights or obligations hereunder without City’s
express prior written approval. Any attempt to do so without the City’s
prior consent shall, at City’s option, be null and void and of no force or
effect whatsoever. Consultant shall not employ, contract with, or use the
services of any other architect, interior designer, engineer, consultant,
special contractor, or other third party in connection with the performance
of the Services without the prior written consent of City.
P. Compliance with Applicable Statutes, Ordinances and Regulations.
In performing the Services, Consultant shall comply with all applicable
federal, state, county, and municipal statutes, ordinances and regulations,
at Consultant’s sole cost and expense, except to the extent expressly
provided to the contrary herein. Whenever the City deems it reasonably
necessary for security reasons, the City may conduct at its own expense,
criminal and driver history background checks of Consultant’s officers,
employees, sub-contractors, or agents. Consultant shall immediately
reassign any such individual who in the opinion of the City does not pass
the background check.
Q. Liens and Encumbrances. Consultant, for itself, and on behalf of all
sub-contractors, suppliers, materialmen and others claiming by, through or
under Consultant, hereby waives and releases any and all statutory or
common law mechanics’ materialmen’s’ or other such lien claims, or rights
to place a lien upon City property or any improvements thereon in
connection with any Services performed under or in connection with this
Agreement. Consultant further agrees, as and to the extent of payment
made hereunder, to execute a sworn affidavit respecting the payment and
lien releases of all sub-contractors, suppliers and materialmen, and a
release of lien respecting the Services at such time or times and in such
form as may be reasonably requested by City. Consultant shall protect
City from all liens for labor performed, material supplied or used by
Consultant and/or any other person in connection with the Services
undertaken by consultant hereunder, and shall not at any time suffer or
permit any lien or attachment or encumbrance to be imposed by any sub-
consultant, supplier or materialmen, or other person, firm or corporation,
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upon City property or any improvements thereon, by reason or any claim
or demand against Consultant or otherwise in connection with the
Services.
R. Notices. Every notice or other communication to be given by either party
to the other with respect to this Agreement, shall be in writing and shall not
be effective for any purpose unless the same shall be served personally or
by United States certified or registered mail, postage prepaid, addressed if
to City as follows: City of Evanston, 2100 Ridge Avenue, Evanston,
Illinois 60201, Attention: Purchasing Division and to Consultant at the
address first above set forth, or at such other address or addresses as
City or Consultant may from time to time designate by notice given as
above provided.
S. Attorney’s Fees. In the event that the City commences any action, suit,
or other proceeding to remedy, prevent, or obtain relief from a breach of
this Agreement by Consultant, or arising out of a breach of this Agreement
by Consultant, the City shall recover from the Consultant as part of the
judgment against Consultant, its attorneys’ fees and costs incurred in each
and every such action, suit, or other proceeding.
T. Waiver. Any failure or delay by City to enforce the provisions of this
Agreement shall in no way constitute a waiver by City of any contractual
right hereunder, unless such waiver is in writing and signed by City.
U. Severability. In the event that any provision of this Agreement should be
held void, or unenforceable, the remaining portions hereof shall remain in
full force and effect.
V. Choice of Law. The rights and duties arising under this Agreement shall
be governed by the laws of the State of Illinois. Venue for any action
arising out or due to this Agreement shall be in Cook County, Illinois. The
City shall not enter into binding arbitration to resolve any dispute under
this Agreement. The City does not waive tort immunity by entering into
this Agreement.
W. Time. Consultant agrees all time limits provided in this Agreement and
any Addenda or Exhibits hereto are of essence to this Agreement.
Consultant shall continue to perform its obligations while any dispute
concerning the Agreement is being resolved, unless otherwise directed by
the City.
X. Survival. Except as expressly provided to the contrary herein, all
provisions of this Agreement shall survive all performances hereunder
including the termination of the Consultant.
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VI. EQUAL EMPLOYMENT OPPORTUNITY
In the event of the Consultant’s noncompliance with any provision of Section 1-
12-5 of the Evanston City Code, the Illinois Human Rights Act or any other
applicable law, the Consultant may be declared non-responsible and therefore
ineligible for future contracts or sub-contracts with the City, and the contract may
be cancelled or voided in whole or in part, and such other sanctions or penalties
may be imposed or remedies invoked as provided by statute or regulation.
During the performance of the contract, the Consultant agrees as follows:
A. That it will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, marital
status, national origin or ancestry, or age or physical or mental disabilities that do
not impair ability to work, and further that it will examine all job classifications to
determine if minority persons or women are underutilized and will take
appropriate affirmative action to rectify any such underutilization. Consultant
shall comply with all requirements of City of Evanston Code Section 1-12-5.
B. That, in all solicitations or advertisements for employees placed by it on its
behalf, it will state that all applicants will be afforded equal opportunity without
discrimination because of race, color, religion, sex, sexual orientation, marital
status, national origin, ancestry, or disability.
VII. SEXUAL HARASSMENT POLICY
The Consultant certifies pursuant to the Illinois Human Rights Act (775 ILCS 5/2-
105 et. seq.), that it has a written sexual harassment policy that includes, at a
minimum, the following information:
A. The illegality of sexual harassment;
B. The definition of sexual harassment under State law;
C. A description of sexual harassment utilizing examples;
D. The Consultant’s internal complaint process including penalties;
E. 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
F. Protection against retaliation as provided to the Department of Human Rights.
VIII. CONSULTANT CERTIFICATIONS
Doc ID: eb065797115a29c3194b405f804caa71d438a78c
A. Consultant acknowledges and agrees that should Consultant or its sub-
consultant provide false information, or fails to be or remain in compliance with
the Agreement, the City may void this Agreement.
B. Consultant certifies that it and its employees will comply with applicable
provisions of the U.S. Civil Rights Act, Section 504 of the Federal Rehabilitation
Act, the Americans with Disabilities Act (42 U.S.C. Section 1201 et seq.) and
applicable rules in performance under this Agreement.
C. If Consultant, or any officer, director, partner, or other managerial agent of
Consultant, has been convicted of a felony under the Sarbanes-Oxley Act of
2002, or a Class 3 or Class 2 felony under the Illinois Securities Law of 1953,
Consultant certifies at least five years have passed since the date of the
conviction.
D. Consultant certifies that it has not been convicted of the offense of bid
rigging or bid rotating or any similar offense of any State in the U.S., nor made
any admission of guilt of such conduct that is a matter of record. (720 ILCS 5/33
E-3, E-4).
E. In accordance with the Steel Products Procurement Act, Consultant
certifies steel products used or supplied in the performance of a contract for
public works shall be manufactured or produced in the U.S. unless the City
grants an exemption.
F. Consultant certifies that it is properly formed and existing legal entity, and
as applicable, has obtained an assumed name certificate from the appropriate
authority, or has registered to conduct business in Illinois and is in good standing
with the Illinois Secretary of State.
G. If more favorable terms are granted by Consultant to any similar
governmental entity in any state in a contemporaneous agreement let under the
same or similar financial terms and circumstances for comparable supplies or
services, the more favorable terms shall be applicable under this Agreement.
H. Consultant certifies that it is not delinquent in the payment of any fees,
fines, damages, or debts to the City of Evanston.
IX. INTEGRATION
This Agreement, together with Exhibits A, B, C, and D sets forth all the
covenants, conditions and promises between the parties with regard to the
subject matter set forth herein. There are no covenants, promises, agreements,
conditions or understandings between the parties, either oral or written, other
than those contained in this Agreement. This Agreement has been negotiated
and entered into by each party with the opportunity to consult with its counsel
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regarding the terms therein. No portion of the Agreement shall be construed
against a party due to the fact that one party drafted that particular portion as the
rule of contra proferentem shall not apply.
In the event of any inconsistency between this Agreement, and any Exhibits, this
Agreement shall control over the Exhibits. In no event shall any proposal or
contract form submitted by Consultant be part of this Agreement unless agreed
to in a writing signed by both parties and attached and referred to herein as an
Addendum, and in such event, only the portions of such proposal or contract
form consistent with this Agreement and Exhibits hereto shall be part hereof.
IN WITNESS WHEREOF, the parties hereto have each approved and executed this
Agreement on the day, month and year first above written.
CONSULTANT: CITY OF EVANSTON
2100 RIDGE AVENUE
EVANSTON, IL 60201
By ________________________ By:________________________
Luke Stowe
Its: ________________________ Its: City Manager
FEIN Number: _______________ Date: _______________________
Date: _______________________ Approved as to form:
By:
Alexandra Ruggie
Its: Interim Corporation Counsel
Revision: April 2021
Director
82-2445757
03/26/2024
___________________________________________
Brian George
Acting Corporation Counsel
03 / 29 / 2024
Doc ID: eb065797115a29c3194b405f804caa71d438a78c
Contract with Compass Transportation for 2024 Summer Bus...
Extracted_p...Summer_.pdf and 1 other
eb065797115a29c3194b405f804caa71d438a78c
MM / DD / YYYY
Signed
03 / 29 / 2024
10:00:00 UTC-5
Sent for signature to Brian George
(bgeorge@cityofevanston.org) and Luke Stowe
(lstowe@cityofevanston.org) from lthomas@cityofevanston.org
IP: 66.158.65.76
03 / 29 / 2024
10:16:21 UTC-5
Viewed by Brian George (bgeorge@cityofevanston.org)
IP: 107.77.209.113
03 / 29 / 2024
10:17:03 UTC-5
Signed by Brian George (bgeorge@cityofevanston.org)
IP: 107.77.209.113
03 / 29 / 2024
10:31:43 UTC-5
Viewed by Luke Stowe (lstowe@cityofevanston.org)
IP: 73.22.112.51
03 / 29 / 2024
10:32:11 UTC-5
Signed by Luke Stowe (lstowe@cityofevanston.org)
IP: 73.22.112.51
The document has been completed.03 / 29 / 2024
10:32:11 UTC-5