Contract Summary Sheet Contract (PO) Number: 1740 Specification Number: 4628 ‘Name of Co + FREEWAY FORD - STERLING act (City Department: FIRE DEPARTMENT ‘Title of Contract: THREE (3) MASS CASUALTY INCIDENT RESPONSE TRUCKS (Term of Contract is not applicable) Dollar Amount of Contract (or maximum compensation fa Term Agreement): $164,605.38 Brief Description of Work: THREE (3) MASS CASUALTY INCIDENT RESPONSE ‘TRUCKS Procurement Services Contact Person: ANTHONY GEORGIAN ‘Vendor Number: 1035840 Submission Date: JUN 2 6 2003 UNTITLED ‘TARGET MARKET PROGRAM BIDDING RESTRICTED TO CITY OF CHICAGO CERTIFIED ‘MINORITY BUSINESS ENTERPRISE(S)(MBE) AND WOMEN BUSINESS ENTERPRISE(S) (WBE) FIRMS WITH APPROPRIATE SPECIALITY AREA DESIGNATION. veworno. 103 5840A conrmcrno. 1770 SPECIFICATION NO.: 4628 RFQNo.: 343 for ‘3 MASS CASUALTY INCIDENT RESPONSE TRUCKS Required for use by caucaco rine verartment “ACCEP 7. c/o DEPARTMENT OF FLEET MANAGEMENT Ee 2) ‘ACCERTEA sup: 02-0446-0592005-6061-220440-55359111 81D DEPOSIT: NONE DRAWINGS: NONE a On ) ° INFORMATION: ANTHONY GEORGIAN, HEAD PURCHASE CONTRACT ADMINISTRAT( PHONE NO: (3121744-4905 orev 4/3/03 Al bids are to be sealed and received no later than 11:00 a.m. on the day of tl ‘Bid Opening, All bids will be read publicly in the BID AND BOND ROOM spre ROOM 301, CITY HALL ACCEERLEM sssued by ‘THE DEPARTMENT OF PROCUREMENT SERVICES, CITY OF CHICAGO ROOM 403, CITY HALL 121 NORTH LASALLE STREET CHICAGO, ILLINOIS 60602 RICHARD M. DALEY DAVID E. MALONE MAYOR: ‘CHIEF PROCUREMENT OFFICER. TGkp AVE UNTITLED-002 Tea a i il UNTITLED-003 Table of Contents foo REQUIREMENTS FOR BIDDING AND INSTRUCTIONS TO BIDDERS GENERAL CONDITIONS . . SPECIAL CONDITIONS .....-. PERFORMANCE BOND eeneeeeeeeeennenesy CONTRACTORS INSURANCE cee : INVOICES «6... eons PAYMENT... PRE-DELIVERY, SERVICING AND ADJUSTMENTS - DELIVERY . INSPECTION UPON DELIVERY BASIS OF AWARD... OPTION TO PURCHASE ADDITIONAL UNIT. LOCAL BUSINESS PREFERENCE CONFLICTS OF INTEREST... AUTHORIZED DEALER / DISTRIBUTOR. ‘ACCEPTANCE TRAINING/TECHNICAL ASSISTANCE. STANDARD EQUIPMENT . GENERAL CONSTRUCTION WARRANTY ‘SEVERABILITY QUALITY CONTROL = MANUALS, CERTIFICATES, APPLICATIONS, ETC. EQUIPMENT, COMPONENT AND DIMENSIONAL DATA MODIFICATIONS AND AMENOMENTS DESIGN AND CONSTRUCTION PRACTICES... ‘CONTRACT DOCUMENTS TO BE COMPLETED BY BIDDER . DISCLOSURE OF OWNERSHIP... : DISCLOSURE OF RETAINED PARTIES - EXECUTIVE ORDER 97-1 BUSINESS RELATIONSHIPS WITH ELECTED OFFICIALS - EXECUTIVE ORDER 98-1. we 218 CONTRACTOR CERTIFICATION . eens) LIVING WAGE ORDINANCE . : : uo : 19 ‘GOVERNMENTAL ETHICS ORDINANCE fon220 (CHAPTER 2-56 OF THE MUNICIPAL CODE OF CHICAGO OFFICE OF INSPECTOR GENERAL 20 ‘SECTION 2-92-380 OF THE CHICAGO MUNICIPAL CODE ...... saeteeee 20 MACBRIDE PRINCIPLES ORDINANCE... eneet) COMPLIANCE WITH CHILD SUPPORT ORDERS ORDINANCE 2 CONTRACT DOCUMENTS . : Daa NON-APPROPRIATION 0000s ce : 2 INDEMNIFICATION : 2 EARLY TERMINATION : : fo 2B AUDITS . : aeeeenenenennees SB CLEAN AIR ACT : : aoe @ UNTITLED-004 ‘TARGET MARKET SPECIAL CONDITIONS... cesses SCHEDULE B:2 . 30 TARGET MARKETISCHEDULE C-2 . 135 SCHEDULE D-2 . 36 ‘TARGET MARKET UTILIZATION REPORT . 39 DETAILED SPECIFICATIONS 1.00 INTENT... 2.00 LITERATURE/ DATA... 3.00 PERFORMANCE STANDAROS, esis AO REQUIRENENTS 4.00 FACTORY AUTHORIZED SERVICE FACILITY 5.00 REPLACEMENT PARTS . 6.00 MEETINGS AND INSPECTIONS 7.00 SPECIALTOOLS 0.2.2... 8.00 CHASSIS : 9.00 CHASSIS FRAME . 10.00 ENGINE 11.00 TRANSMISSION =... 12.00 FRONT AND REAR AXLES « 13,00. FRONT AND REAR SUSPENSION 14.00 BRAKE SYSTEM =... 15.00 TIRES AND WHEELS - 16.00 FUEL SYSTEM 17.00. ENGINE COOLING SYSTEM 18.00 CHASSIS ELECTRICAL, 19,00 CAB EXTERIOR 20.00 CAB INTERIOR ..... 21.00. BODY GENERAL CONSTRUCTION 22.00 BODY FLOOR 23.00 BODY INTERIOR... : 24.00 BODY ELECTRICAL AND EMERGENCY LIGHTING 25,09. PAINTING AND LETTERING 26.00 RUSTPROOFING. 27.00 PHOTOGRAPHS . 28.00. EXCEPTIONS PROPOSAL PAGES 253 BIDDATA oo. e ccc cccseeeeeeeeeeteeeeseteeteeees ceesteeeeeees see 55 ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT . oe 58 ‘TO BE EXECUTED BY A CORPORATION OUI. TO BE EXECUTED BY A PARTNERSHIP... nee : 73 ‘TO BE EXECUTED BY A SOLE PROPRIETOR 74 INSURANCE CERTIFICATE OF COVERAGE . . . cee cere TB ) UNTITLED-005, REQUIREMENTS FOR BIDDING AND INSTRUCTIONS TO BIDDERS ‘CONTRACT FOR SUPPLY Proposals will be received by the Chief Procurement ‘Officer ofthe City of Chicago in accordance with Contract ‘Documents asset forth herein. 1. BIDDEPOSIT Bid deposit shall be required for all competitive sealed bidding. for contracts when required in the legal advertisement. Bid deposit shall bea bond provided by @ surety Company authorized to do business in the State of inois, or the equivalent in cashier's check, money order ‘or certified check. All certified checks must be drawn on a bank doing business inthe United States, and shall be made payable to the order ofthe City of Chicago. CASH 1S NOT AN ACCEPTABLE FORM OF BID DEPOSIT. Bid deposits shall be in the amount shown in the ‘advertisement or as may be prescribed herein, but notin ‘excess of 10% of the bid. Where the amount of the bid deposit shown in the advertisement should prove to be ‘more than 10% of the bid, then the bidder may submit, in lieu ofthe foregoing, an amount equal to 10% of his bd. Compliance with the herewith shall be determined i all cases bythe Chief Procurement Officer and his determination shal be final ‘When the legal advertisement requires a deposit, noncompliance requires thatthe bid be rejected unless it is determined that the bid fails to comply in a non- substantial manner with the deposit requirements, ‘Atr bids are opened, deposts shall be irrevocable forthe herein. if a bidder is permitted to Withdraw its bid before award, no action shall be taken against the bidder or the bid deposit. I. PREPARATION OF PROPOSAL ‘The bidder shall prepare its proposal on the attached, ‘proposal forms. Unless otherwise stated, all blank spaces ‘on the proposal page or pages, applicable tothe subject specification, must be corecty filed in. Either a unit Price or a lump sum price, as the case may be, must be stated for each and every tem, either typed in or written ink, in figures, and, if required, in words. If bidderis a coeporation, the President and Secretary shall ‘execute the bid and the Corporate seal shall be affixed. In the event that this bid is executed by other than the President attach hereto a ceriied copy ofthat section of Corporate By-Laws or other authorization by the Corporation wich permits the person to execute the offer for the corporation. I bidder isa patnerhip, all partner shall execute the bid, unless one partner has been authorized to sign for the’ partnership, in which case, evidence of such authority satisfactory to the Chief Procurement Officer shall be Submited. bidder is sole propeetoship the sole proprietonhip shal execute the bid. ‘A*Partnenip’, int Vertue” or ‘Soke Propretonhip® operating under an Asumed Name must be repitered with the Illinois county in which located, as provided in 1805 1UCS 405 1982). ML, SUBMISSION OF PROPOSALS ‘All prospective bidders shall submit sealed proposals with applicable bid deposit enclosed in envelopes for that purpose in the DEPARTMENT OF PROCUREMENT SERVICES, Room 301, City Hall, and if proposalsare submited in envelopes other than those 50 provided for this purpose, then the sealed envelope submitted by the prospective bidder shall cary the following information on the face of the envelope: bidder's name, address, subject matter of proposal, advertised date of bid opening and the hour designated for bid opening as shown on the legal advertisement. Where proposals are sent by mail to the Chief Procurement Office, the bidders shall be responsible for their delivery to the Chief Procurement Officer before the advertised date and hour for the opening of ‘bids. tthe mailis delayed beyond the date and hour set forthe bid opening, proposals thus delayed will not be accepted, Proposals shal be submited with original signatures in the space provided on the appropriate. Proposal Execution Page. Proposals not propel signed shal be rejected. IV, WITHDRAWAL OF PROPOSALS Bidders may withdraw their proposals at any time prior tothe time specified in the advertisement asthe closing, time forthe receipt of bids. However, no bidder shall withdraw or cancel his proposal fora period of sixty (60) ‘calendar days after said advertised closing time for the receipt of proposals nor shall the successful bidder withdraw oF cancel or modify his proposal after having ‘been notified bythe Chief Procurement Oficerthat said Specification: 4628, 3 MASS CASUALTY INCIDENT RESPONSE TRUCKS, Page 1 of 75 UNTITLED-006 REQUIREMENTS FOR BIDDING AND INSTRUCTIONS TO BIDDERS ‘Proposal has been accepted by the City. The City reserves the ight to withhold and depos, as Nqudated damages and not a penalty, the bid deposit of any bidder requesting wha cancelation or modiiation of propor prior to the ated period for acceptance of propos. ‘Where this contract shall be approved by another agency, such asthe Federal Goverment or State of tlinois, then the bidder shall not withdraw or cancel or modify his [proposal for a period of ninety (90) calendar days after said advertised closing time for the receipt of proposals. V. COMPETENCY OF BIDDER ‘The Chief Procurement Officer reserves the rightto refuse toawad a contract to any person, firm or corporation that ’isin arrears ori in defat tothe City of Chicago upon any debt oF contract, oF that is a defauker, as surety ‘therwise, upon any obligation to said City, o had failed 1 perform faithfully any previous contract with the City. ‘The bidder, ifrequested, must present within a reasonable time, as determined by the Chief Procurement Officer, ‘evidence satisfactory to the Chief Procurement Officer of performance ability and possession of necessary facilites, Pecuniary resources and insurance to comply ‘with the terms of these specifications and contract documents. VL. CONSIDERATION OF PROPOSALS ‘The Chief Procurement Officer shallrepresentand act for the City in all matters pertaining to this proposal and contract in conjunction therewith. The Chief Procurement Officer reserves the right to reject any oral proposals and to disregard any informality in the bids and bidding, when in his opinion the best interest ofthe Cy will be served by such action. ‘The proposal is contained in these contact documents and MUST NOT BE DETACHED HERE FROM by any Sider wnensubiting a propa ncomplete props are subject to rejection Vil ACCEPTANCE OF PROPOSALS The Chief Procurement Officer will accept in writing one Of the proposals or reject all proposals, within sixty (60) ‘calendar days, oF within ninety (90) calendar days where approval by other agencies is required, from the date of ‘opening of bids, unless the lowest responsible bidder, ‘upon request ofthe City, extends the time of acceptance tothe Gry. ‘VIN, PERFORMANCE BOND ‘When required by the Chief Procurement Officer, the successful bidder or bidders shall, within seven (7) ‘calendar days of receipt of notice from the City, furnish 1 performance bond inthe full amount of the contract ‘on Form P.W.0.. 62, a specimen of which is bound herein. Receipt of writen notice from the City to furish 1 bond constitutes tentative notice of pending award and proposal acceptance. Release ofthe contract shall bbe withheld pending receipt and approval of bond. Attention is called to the provisions of Section 5/8-10-13 ofthe linois Municipal Code and tothe provisions of Chapter 7-4 ofthe Municipal Code ‘of Chicago. 1% FAILURETO FURNISH BOND Im the event that the bidder fais to furnish the Performance bond in said period of seven (7) calendar days, then the bid (of the bidder shall be retained by the City a liquidated damages and not as a penalty. X. DISCLOSURES ‘The apparent low bidder will be required to execute and notarize the disclosure required by Executive Order 97-1 no later than 7 calendar days ater notification by the City of Chicago unless a longer time is granted by the Chief Procurement Officer. Acopy ofthe disclosure required by Executive Order 97-1 i attached to the Specification. Refusal to execute and notarize such disclosure will result in the Chief Procurement Officer dedaring the bidder and the City retaining the bid deposit. Moreover, if a bidder is XL INTERPRETATION OF DOCUMENTS any person contemplating submitting a proposal sin doubt as to the true meaning of any part of the specifications or other contract documents, a written, request for an interpretation thereof, may be submitted to the Chief Procurement Officer. The person ‘submitting the request willbe responsible fr is prompt delivery. Any interpretation ofthe proposed documents CONTRACT ‘Specification: 4628, 3 MASS CASUALTY INCIDENT RESPONSE TRUCKS, Page 2 of 75, UNTITLED-007 [REQUIREMENTS FOR BIDDING AND INSTRUCTIONS TO BIDDERS will be made only by an addendum duly ised by the Chief Procurement Ofcer.Acopy of such addendum wll be faxed, electronically mailed, mailed or delivered to each person receiving a set of such contract documents and to such other prospective bidders as shall have requested that they be furshed with a copy of each addendum. Failure on the part ofthe prospective bidder to receive a writen i rior othe time ofthe ‘opening of bids will not be grounds for withdrawal of Proposal. Bidder will adnowldge receipt of ‘ach addendum issued in space provided on proposal page. (ral explanations wil not be binding, XI CATALOGS Each bidder shall submit, where necessary, or when requested by the Chief Procurement Officer, catalogs, descriptive erature, and detailed drawings, fully dealing features, designs, construction, appointments finishes and the like not covered in the specifications, necessary to fully describe the material or work he proposes to furnish, XI TRADE NAMES {Im cases where an item is identified by a manufacturer's name, trade name, catalog number, oF reference, i i understood that the bidder proposes tofurish the item so identified and does not propose to furnish an “equal” unless the proposed “equal is definitelyindicated therein by the bidder. Reference to a specific manufacturer, trade name or catalog is intended to be descriptive but not restrictive ‘and only to indicate to the prospective bidder articles that willbe satisfactory. Bids on other makes and catalogs will bbe considered, provided each bidder clearly states on the face of the proposal exactly what it proposes to furnish, or forwards with the bid, a cut, illusration, or other descriptive matter which willdlearly indicate the character of the aticle covered by the bid, ‘The Chief Procurement Officer hereby reserves the right {0 approve as an equal, orto reject. as not being an equal, {any artide the bidder proposes to fumish which contains ‘major or minor variations from specification requirements ‘but which may comply substantially therewith, XIV. _ RETURN OF BID DEPOSIT ‘The bid deposit ofall except the two lowest bidders on each contract wil be retuned shortly alter the bid opening. The Chief Procurement Officer reserves therightto hold al bid deposits, if the intent is to award multiple ‘contracts fora requirement and/or ifthe two lowest responsible bidders can not be readily determined based on price until proposals have been evaluated. The remaining bid deposits on each contract will be retuned with the of the bidder, ater the Chief Procurement Officer has awarded the contract. The bid deposit ofthe accepted bidder willbe returmed after the contract and a satsfactory ‘erformance bond has been approved, where such bond is required. Xv. TAXES Federal Excise Tax does not apply 0 materials ‘purchased by the Cty of Chicago by virtue of Exemption Certificate No. 36:6005820 and State of Ilinois Sales Tax does not apply by virtue of Exemption No. £9998 1874-04. tino’ Retailers’ Occupation Tax, Use Tax, ‘and Municipal Rtallers’ Occupation Tax do not apply tomaterals or services purchased bythe Cty of Chicago by vitwe of Statute. ‘The price o prices quoted herein shall include all other Federal andlor State, direct andor indirect taxes which apply The prices quoted herein shall agree with all Federal laws and regulations. XV. ORDER OF PRECEDENCE OF COMPONENT CONTRACT PARTS The order of precedence of the component contract pars shall be a follows: : ‘A. General Conditions. ‘Addenda any. Department Special Provisions Plans or Cty Drawings. Detaled Specifications Standard Specifications of the City, State or Federal Government, if any. G Advertisement for proposals (copy of advertisement to be attached to back of cove. HH. Requirements for Bidding and Instructions to Bidders. 7 m™oo8 ‘Specification: 4628, 3 MASS CASUALTY INCIDENT RESPONSE TRUCKS, Page 3 of 75 UNTITLED-008 REQUIREMENTS FOR BIDDING AND INSTRUCTIONS TO BIDDERS “1. Performance Bond, if equired. ‘The foregoing order of precedence shall govern the interpretation of the contrac in all cases of conflict or inconsistency therein, except as may be otherwise ‘expresly provided by the Cty. XVI. NOTICES ‘All communications and notices herein provided for shall be faxed, delivered personally, electronically mailed, or mailed fist cass, postage prepaid, tothe Contractor by name and address listed on the ‘proposal hereof tothe Commisioner ofthe using ‘department by name and address listed on the cover hereof, and to the Chief Procurement Oficer, Room 403, Cty Hall, 121 N. La Salle Street, Chicago, tins 60602 ‘Specification: 4628, 3 MASS CASUALTY INCIDENT RESPONSE TRUCKS, Page 4 of 75 UNTITLED-009 (GENERAL CONDITIONS 1. NON-DISCRIMINATION ‘A. Federal Requirements {shall be an unlawful employment practice fr the ‘Contractor (1) to fal or refuse to hire o to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, or the terms, conditions, or privileges of his employment, because of such individual's race, color, religion, sex, age, handicap oF national origin; or (2) to limit, segregate, or dassify his employees or applicants for ‘employment in any way which would deprive or tend to deprive any individual of employment opportunities oF otherwise adversely affect hs status as an employee, because of such individual's ace, cor, religion, sex, age, handicap or national origin ‘Contractor shall comply with The Civil Rights Act of 1964, 42 US. sec. 2000 et seq. (1988), as amended. ‘Attention is called to: Exec. Order No. 11,246, 30 Fed. Reg. 12,319 (1965), reprinted in 42 U.S.C. 2000¢e) ‘note, as amended by Exec. Order No. 11,375, 32 Fed. Reg. 14,303 (1967) and by Exec. Order No. 12,086, 43, Fed. Reg. 46,501 (1978); Age Discrimination Act, 42 USC. see. 6101-6106 (1988); Rehabiltation Act of 1973, 23 USC. sec. 793-734 (1988); Americans with Disabilities Act, 42 USC. see. 12102 et sea,; and 41 CER Part 60 et seg. (1990). 8. State Requirements ‘Contractor shall comply with the iinois Human Rights Ad. 775 LCS 5/1 ~ 101 ek seq. (1992), as amended and ‘any rules and regulation promulgated in accordance therewith, including, but not limited tothe Equal Employment Opportunity Clause, 5 ll Admin. Code § 750 Appendix. Furthermore, the Contractor shall comply withthe Public WodsE Discrimination Act, 775 ILCS 10/0.01 et saa. (1992), as amended. Giy Requirements Contractor shall comply with the Chicago Human Rights Ordinance, ch. 2-160, section 2-160-010 et eq. ofthe Chicago Municipal Code (1990), a8 amended. Further, ‘Contractor shall fumish or shall cause each ofits subcontractor) to furnish such reports and information as requested by the Chicago ‘Commission on Human Relations. . Subcontractors Contractor agrees that all ofthe above provisions (A, (8) and (O,, will be incorporated in all agreements entered into wth any supplies of material, furishers of services, subcontractors of any tier, and labor which furnish skilled, unskiled and erat union sie labex, or which may provide any such materials, labor or services in connection with this Contract. 2. INDEMNITY ‘Contractor shall indemnity, keep and save harmless the City, its agents, officials and employees, against all injures, deaths, loss, damages, claims, patent clais, suits abilities, judgments, costs and. expenses, which may in any way accrue against the ity in consequence ofthe granting ofthis contract ‘or which may in any way result therefrom, whether ‘or not it shal be alleged or determined thatthe act was caused through negligence or omission of the Contractor or its employees, ofthe subcontractor or its employees, if any, and the Contractor shall atts ‘own expense, appear, defend and pay all charges of attomeys and all costs and other expenses arsing therefrom or incurred in connection therewith, and, if any judgment shall be rendered against the Cityin any such action, the Contractor shal, tits own expense, satisfy and discharge the same. Contractor cexpresly understands and agrees that any performance bond or insurance protection required by this contract, or otherwise provided by Contractor shal in no way limit the responsiilty to indemnity, keep and save harmless and defend the City as herein provided. To the extent permissible by aw, the Contractor waives any limits on the Contractor's liability that ‘would otherwise have by virtue of the Workers ‘Compensation Actor any other related law or judicial decision (such as Kotecki v. Cyclops Welding Corporation, 146 Il. 2d 155 (1991). The City, ‘however, does not waive any imitations it may have ‘Specification: 4628, 3 MASS CASUALTY INCIDENT RESPONSE TRUCKS, Page 5 of 75 UNTITLED-010 (GENERAL CONDITIONS ‘on is lability under the Worker's Compensation Act, the llinos Pension Code or any other statute. ‘3. PREVAILING WAGE ACT ‘The Contractor shall comply with “AN ACT reguating ‘wages of laborers, mechanics, and other workers ‘employed in any public works by the State, county, city ‘or any public body or any political subdivision or by anyone under contract for public works.” Aitention is called to Chapter 48, Par.38, Il Rev tats. 1989, Ihisthe policy of the State of lino that a wage of no les than the general prevaling hourly rte as pad for ‘work of similar character the localty in which the ‘works performed, shall be paid to al laborers, workers and mechanics employed by or on behalf of any anal public bodes engaged in public works. ‘The term “general prevailing hourly rate”, when used in this Act means the hourly cash wages plus fringe ‘benefits for health and welfare, insurance, vacations and pensions paid generally, inthe locality in which the ‘work is being performed, to employees engaged in work of a similar character on public works. If the Department of Labor revises the general prevailing hourly ate to be paid by the public body, the revised rate shall apply to such contract. 4, SUBLETTING OR ASSIGNMENT OF CONTRACT (OR CONTRACT FUNDS No contract shall be assigned or any part of the same ssub-contracted without the written consent of the Chief Procurement Officer; but n no case shall such consent relieve the Contractor from his obligations, or change the terms of the contract. ‘The Contractor shall not transfer or assign any contract. funds or claims due or to become due without the \waitten approval ofthe Chief Procurement Officer having fst been obtained. ‘The transfer or assignment of any contract funds either in whole or in part, oF any interest therein, which shal bbe due or to become due tothe contractor, shall cause the annulment of sad transer or assignment so far as the Citys concerned. 5. GUARANTEES & WARRANTEES, ‘Al guarantees and warrantees required shall be furished by the Contractor and shall be delivered to the Chief Procurement Officer before final ‘voucher on the contract i issued. 6 DELIVERY ‘All materials shipped to the City of Chicago must be shipped F.0.8,, designated location, Chicago, Mlinois. lf delivery is made by truck, arrangements ‘must be made in advance by the Contractor in ‘order thatthe City may arrange for receipt ofthe ‘materials. The material must then be delivered where directed. ‘Truck deliveries will be accepted before 4:00 P.M. ‘on week-days only. No deliveries will be accepted (on Saturdays, Sundays or Holidays. ‘The quantity of material delivered by truck shal be ascertained fom a weight certificate sued by 2 duly licensed Chicago Public Weigh-Master. In the case of delivery by ral, weight wil be ascertained {rom bl f lading from originating line, but the City reserves the right to re-weigh at the nearest available ralroad scale. 7. DEMURRAGE AND RESPOTTING ‘The City will be responsible for demurrage charges ‘only when such charges accrue because ofthe it's negligence in unloading the material ‘The City will pay railroad charges due to the re- spotting of cars, only when such re-spotting is ‘ordered by the City. 8. MATERIALS INSPECTION AND RESPONSIBILITY The City, by its Chie Procurement Officer, shall have aright to inspect any material to be used in ‘carrying out this contract. Specification: 4628, 3 MASS CASUALTY INCIDENT RESPONSE TRUCKS, Page 6 of 75 UNTITLED-011 (GENERAL CONDITIONS The City does not assume any responsibility for the availabilty of any controlled materials or other materials and equipment required under this contract. ‘The Contractor shall be responsible forthe contracted ‘quality and standards ofall materials, components oF work furnished under this contract up to the time of final acceptance by the City. ‘Materials, components or completed work not ‘complying therewith may be rejected by the Chief Procurement Officer and shall be ceplaced by the Contractor at no cost to the City. ‘Any materials or components rejected shall be removed within a reasonable time from the premises of the City atthe entre expense of the Contractor, ater written notice has been mailed by the City to the Contractor that such materials or components have been rejected. 9. INSURANCE The Contractor agres to keep in force during the life of this contract such insurance policies as may be indicated in the SPECIAL CONDITIONS ofthis ‘contract. Contractor futher agrees to furnish certificates (of any oF all insurance policies listing the City as an additional insured upon request by the Chief Procurement Officer. 10. PAYMENT Payment to Contractor shall be as specified in the Special Conditions ofthis contract. 11. CASH BILLING DISCOUNT ‘Any cash billing dlscounts offered will not be considered in the evaluation of bids unless requested inthe Special Condition to be included inthe proposal so requested, cash biling discount for payment of i in thirty G0) days or more wil be considered in evaluating bis. Shorter discount periods will not be considered in evaluating bids 12, PRICE REDUCTION Wat any time after the date ofthe bid or offer the ‘Contractor makes a general price reduction in the ‘comparable price of any material covered by the contact to customers general, an equivalent price reduction based on similar quantities and/or Considerations shal aply tothe contact fr the duration of the contract period (or unt the price s further reduced). Such price reduction shall be ‘effective atthe same time and inthe same manner ' the reduction inthe price to customers generally. For purpose of this provision, a “general price reduction shall mean any horizontal reduction in the price ofan artide or service offered (1) to Contractor's catomers general, of (2) in the Contractors rice schedule forthe clas of custome, 2, wholesalers, jobber, retailers, which was used as the basis for bidding on this contract. An occasional sale at a lower price, or sale of distressed merchandise at a lower price, would ot be considered a "general price reduction” under this provision. The Contractor shalll invoice the ordering offices at such reduced prices indicating onthe Invoice thatthe reduction is pursuant to the “Price Reduction” provision ofthe ‘orizact documents. The Contractor, in addition, shall within ten days of any general price reduction ‘notify the Chief Procurement Officer of the City of Chicago of such reduction by letter. Failure to do so ‘may require termination of the contract. Upon receipt of any such notice ofa general price reduction all ordering offices will be duly noted by the Chiet Procurement Office. ‘The Contractor shall furnish, within ten days alter the end ofthe contract period, a statement certifying either: (1) that no general price reduction, as defined above, was made after the date ofthe bid or offer; oF (2) ifany such general price reduction were ‘made, that as provided above, they were reported to the Chief Procurement Oficer ‘within ten days, and ordering offices were billed at the reduced prices. ‘Where one or more such general price reductions ‘were made, the statement furnished by the Contractor shall include with respect to each price Specification: 4628, 3 MASS CASUALTY INCIDENT RESPONSE TRUCKS, Page 7 of 75 UNTITLED-012 reduction: o @ 8 13. (GENERAL CONDITIONS the date when notice of any such reduction was issued; the effective date ofthe reduction; and the date when the Chief Procurement Officer was. notified of any such reduction. (DEFAULT ‘The City may, subject to the provisions of paragraph (c) below, by written notice of default to the Contractor, terminate the whole or any part ‘ofthis contract in any one of the following Grcumstances: ifthe Contractor fais to make delivery of the ‘supplies orto perform the services within the time specified herein or any extension thereof; or AW ifthe contractor fis to perform any of the ‘ther provisions ofthis contract, o so ails to ‘make progress as to endanger performance ofthis contrat in accordance with is terms, and in either ofthese two circumstances does not cure such flue within a period of 10 days (or such ‘other period as the Chief Procurement Officer ‘may authorize in writing after receipt of notice from the Chief Procurement Officer specifying such failure. Inthe event the Cty terminates this contract in ‘whole on part provided in paragraph (a) of this cause, the Cy may procure, upon such terms and in such manner asthe Chief Procurement Officer may deem appropriate, supplies or services simar to those 20 terminated, and the Contractor sal be liable to the Clty fr any exces cox for such similar supplies or service: Provided, thatthe Contractor shall continue the perormance ofthis tothe extent not terminated Under the provisions ofthis cause, The Contractor shall not be liable for any excess of cost if acceptable evidence has been submitted to the Chief Procurement Orficer the failure to perform the contract was due to causes beyond the control and without the fault or negligence of the Contractor. 14, DISPUTES Except as otherwise provided in this contrat, any dispute conceming a question of fact arising under this contract which isnot disposed of shall be decided after hearing by the Chief Procurement (Officer, who shall reduce his decision to writing and mail or otherwise furnish a copy thereof tothe ‘Contractor. The decision ofthe Chief Procurement (Officer shall be final and binding, 15. NON-COLLUSION, BRIBERY OF A PUBLIC (OFFICER OR EMPLOYEE ‘Contractor, in performing under this contract shall ‘comply with the Municipal Code of Chicago, Section 2-92-320, as follows: 'No person or business entity shall be awarded ‘contractor sub-contract if that person or business ‘entity: (a) has been convicted of bribery or attempting to bribe a public officer or employee of the City of Chicago, the State of lino, or any agency ofthe federal government or of any state oF local goverment inthe United States, in that ‘officer's or employee's official capacity; or () has been convicted of agreement or collision among, bidders or prospective bidder in restraint of freedom of competition by agreement to bid a fixed Price, or otherwise; oF () has made an admission of ‘guilt of such conduct described in (a) oF (b) above ‘which isa matter of record but has not been prosecuted for such conduct. For purposes ofthis section, where an offical, agent ‘or employee of a business entity has committed any ‘offense under this section on behalf of such an ‘entity and pursuant tothe direction or authorization ‘of a responsible official thereof, the business entity shall be chargeable with the conduct. One business entity shall be chargeable with the conduct of an affliated agency. Inelgibilty under this section shall continue for three years following such conviction or admission, The period of inelighility may be reduced, Specification: 4628, 3 MASS CASUALTY INCIDENT RESPONSE TRUCKS, Page 8 of 75 UNTITLED-013 (GENERAL CONDITIONS suspended, or waived by the Chief Procurement Officer _ which would permit the Chief Procurement Officer Under certain specific circumstances, Reference is made to reduce, suspend, or waive the period of to Section 2-92-320 fora definition of “affliated ineligibility. agency”, and a detailed description of the conditions ‘Specification: 4628, 3 MASS CASUALTY INCIDENT RESPONSE TRUCKS, Page 9 of 75 UNTITLED-014 PERFORMANCE BOND No Bond Required. CONTRACTOR'S INSURANCE ‘The Contractor must provide and maintain a Contractor's own expense, until Contract completion and during the time period following final completion if Contractor is required to rem and perform any additional work, the insurance ‘coverages and requirements specified below, insuring all operations related tothe Contract. ‘A. INSURANCE TO BE PROVIDED » By) 4 ‘Workers Compensation and Employers Liilty ‘Workers Compensation Insurance, as prescribed by applicable law covering all employees who are to provide a service under this Contract and Employers Liability coverage with limits of not less than $500,000 each accident or illness. ‘Commercial General Liability (Primary and Umbrella) ‘Commercial General Labilty Insurance or equivalent with nits of not fess than $2,000,000 per xcrenc fr bod nun, penanalinjuy, and propaty damage abit. Coverages mstncae the {ollowing:Allpremises and operations, products/completed operations, separation ofinsureds, defense, and contractial liability (with na limitation endorsement). The City of Chicago isto be named as an additional insured on a primary, non-contributory basis for any kabilty arising directly or indirectly rom the work. Subcontractors performing work for Contractor may maintain limits of notless than $1,000,000with the ‘same terms herein, ‘Automobile Liability Primary and Umbrella) ‘When any motor vehicles (owned, non-owned and hired) are used in connection with work to be performed, the Contractor must provide Automobile Liability Insurance with limits of not less than '$1,000,000 per occurrence for bodily injury and property damage. Property ‘Contractor must be responsible for loss or damage to City property at full replacement cost. ‘Contractors responsible forall loss of damage to personal property including but not limited to material, equipment, tools and supplies) owned, rented, or used by Contractor. 8B. ADDITIONAL REQUIREMENTS ‘The Contractor must furnish the City of Chicago, Department of Procurement Services, City Hall, Room 403, 121 North LaSalle Steet 60602, original Certificates of insurance, or such similar evidence, to be in force on the date of this Contract, and Renewal Certificates of Insurance, or such similar evidence, ifthe coverages ‘Specification: 4628, 3 MASS CASUALTY INCIDENT RESPONSE TRUCKS, Page 10 of 75 UNTITLED-015, ‘SPECIAL CONDITIONS have an expiration or renewal date occurring during the term of this Contract. The Contractor must submit ‘evidence of insurance on the Cy of Chicago insurance Certificate Form (copy attached) or equivalent prior to Contract award. The receipt of any certificate doesnot constitute agreement by the Cty that the insurance requirements in the Contract have been fully met or thatthe insurance policies indicated on the ‘certificate are in compliance with al Contract requirements. The failure ofthe Cty to obtain certificates or ‘other insurance evidence from Contractor is nota waiver by the City of any requirements for the Contractor ‘to obtain and maintain the specified coverages. The Contractor must advise allnsurers of the Contract provisions regarding insurance. Non-conforming insurance doesnot relieve Contractor of the obligation to provide insurance as specified herein. Nonfutfllment ofthe insurance conditions may constitute a violation ‘ofthe Contract, and the City retains the right to stop work until proper evidence of insurance i provided, or the Contract may be terminated. ‘The insurance must provide for shy (60) days prior wten notice to be given tothe Cy in the event coverage is substantially changed, canceled, or non-tenewed. ‘Any deductibles or self-insured retentions on referenced insurance coverages must be bome by Contractor. “The Contractor agrees that insurers waive their rights of subrogation against the City of Chicago, its employees, elected officials, agents, or representatives. ‘The coverages and limits furnished by Contractor in no way limit the Contractors liabilities and responsibilities specified within the Contract or by law. ‘Any insurance or self-insurance programs maintained by the City of Chicago do not contribute with insurance provided by the Contractor under the Contract. “The required insurance to be carried isnot limited by any imitations expressed in the indemnification language in this Contractor any limitation placed on the indemnity in this Contract given as a matter of law. ‘The Contractor must require all subcontractors to provide the insurance required herein, or Contractor may provide the ‘coverages for subcontractors. All subcontractors must subject tothe same insurance requirements of Contractor unless ‘otherwise specified in this Contract. | Contractor or subcontractor desire additional coverages, the party desiring the additional coverages i responsible for the acquisition and cost. The City of Chicago Risk Management Department maintains the right to modify, delete, aker or change these equirements, ‘Specification: 4628, 3 MASS CASUALTY INCIDENT RESPONSE TRUCKS, Page 11 of 75, UNTITLED-016 INVOICES Invoices must be mailed to: Department of Fleet Management "1685. N. Throop Street ‘Chicago,IL. 60622 ‘atin: Edward Ebertsch (312) 744-5229 ‘Allinvoices must be dated original,” and must reference the City contract number and specification number. Invoice Quantities, item descriptions, units of measures and pricing must comespond tothe unit quoted on the Proposal Page. Freight handling and shipping costs are notto be invoiced; deliveries are tobe made F.0.8., iy of Chicago. As stated in the Requirements for Bidding and instructions to Bidders Section the Cty of Chicago s exempt from paying Sate of lino sales tax and Federal excise taxes on purchases. PAYMENT ‘ The Ciy will process payment within 60 calendar days after receipt and acceptance of the specified vehicles or ‘equipment an invoice completed in accordance with the terms specified herein; any document or title, warranty and ‘certificatets) and/or completed form(s) specified herein, andallsupporing documentation necessary forthe City to verify pace TER. 26,2009 32:16 ARCO NATIONAL INS Sethe tee Pes INSURANCE CERTIFICATE OF COVERAGE * aie = See Sa ee a aa Sota ae eT ee aaa Spee oe seme coe seer eeaeueecen a a) ch reves py red by seems ecpangpce br woven compan ad pokeond Lay, vend: The Graf CRS an dh Inne apna epto sd achat oan bale aad are plored nde Conrail prt mn e QW of Coca 1s Th Gna Adora ed Erne Lat Poa eto pr ar ecely al vare frou any apical oe ae need we eC 1 eshen Component Popry hae sl wea shen apne iyo Ose. 1 Tl cwtcary ty Sree age i a tx nanan epuremea beconnes br YM De, recone wth cor fecnmon eso nent atene ‘e Sette oe memcim seman om cuenta ARN HEAVY OH TTY TRIICKS. Paso 41 of 41 Bye nd Areas Breszvese, = Stier eBsz/ez veo SB, UNTITLED-073 84/28/2003 16:07 7eeeez9018 FREEWAY FORD Pace a7 eagSS: ne HARGO NATIONAL INSURANCE COMPANY Nar irs FREEWAY FORD-STERLING TAUCK SALRB, THC. eMactva Date: 98/01/02 me Agere Nama PATRIOE MOUSALL AgereNo. sesnacnan ‘ADDITIONAL INSURED ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION WHO IS AN INSURED (SRCTION II, A.1.b.) IS AMENDED TO INCIUDE FE FOLLOWING ADDITIONAL, INSUREDS, BUT ONLY TO THR EXTENT OF IABILEY RESULTING PROM ACCIDENTS ARISING OUT OF YOUR SOLE n NAME OF PERSON oR ORGANIZATION! cxre oP cmrcaco 321 N, LASALLE 81. #403 catcaco, TL 60602 0.0056 (10/96) ve ome tary UNTITLED-074 04/25/2003 16:87 —Teaaazae18 FREEWAY FORD ‘The Horton Croup «4/4/2003 1:18 PAGE 2/2 RightFax acogp. CERTIFICATE OF LIABILITY INSURANCE." | “ov7oaros er areas eset eit fotze x [Prax tie coveuAce ArFoRoeD Wy (Ne POLICES BELOW. loriane’ Geland mark 12 S46 TRSURERS AFFORDING COVERAGE — _ ine Zord-teerling eucke Ea Pace as mars i elere | ease" ig {_———— { ean lt Sie T ecco aD i [owe Ste ent (Janene eee Ix ——= = Z a “— | ataocoooras | eerosve2| o8yes/os fexeoviceene _[¥560,000 = [aomaoerares-oe8 —] Ea ey of Shaan Lee te katona Tarared sith Sawct to Mrkars Compensation only when required by written contract ERENT OER Titer eae mare Sear S| a ST city of ee nenoh hanna uur ins nea omte, Ader weror ian, cw sentn eave cannot on hun cavon Ghietge te eocos Sa ERTIES THT Keds. UNTITLED-075, 25/03/2003 15:34 7884429016 FREEWAY FORD | CERTIFICATE OF LIABILAFHNSURANCE Ll bec PATRICK MUBALL POBox aTsst IMOUANAPOLS, IN 46267 Tons FREEWAY FORD - STERLING TRUCK SALESINC as WEST 45" ST LYONS IL 69594 aves ESky See ee a Toor Sa he be DD commen soem catuny Clemewoe — [ ooan C7 roser_[7) maser [vce Danan Di ssomesacoe DB roccussare | |B vmenarce By wenn aie vase corcomsser | ere | cnaran oe | jo coon] nut ce Dancm [ a REPEIVED t saa i ™ setts | FREEWAY FORD mucwesren onoros | Servers Bocuse Sane eSueTLE COVERAGE APPLES AS RESPECTS WORK PERFORMED DY THE NAMED INSURED ON DEMALF OFTHE CERTINCATE HOLDER ‘CERTCATE HOLDER'S MADD ADOTNOMAL InGURED PER ATTACHE FORM a. Specification nusber: 4628 RFQ number: 343 ‘EERTIERTENOLDER | | scorow. wan. acne ERCELATION ‘Sincoume a pomwon Oust 3a se wrenonea he STR eS UNTITLED-076