2-Grant Coordination Services Contract Draft.pdf

RFQ-FP-03-2526

1996 South Kirk Road, Suite 320, Geneva, Illinois 60134

Bill Lenert, President Benjamin Haberthur, Executive Director

(630) 232-5980 Fax: (630) 232-5924 www.kaneforest.com

CONTRACT DRAFT- RFQ GRANT COORDINATION SERVICES

This agreement, made this__ day of Month, 2026 between the Forest Preserve District of Kane County, Geneva, Illinois, hereinafter referred to as "District" and Contractor, hereinafter referred to as

"Contractor."

W I T N E S S E T H

That the District and Contractor, for the consideration hereinafter named, agree as follows:

TERMS AND CONDITIONS

Section I - Contract Documents

The contract documents consist of this document (“the Contract”), the project scope, request for bid, or request for proposal issued by the District dated November 6, 2025 (the “Project Scope”), and the completed proposal packet, including the completed bid form, any addenda thereto and executed resolution (if applicable), (collectively the “Contract Documents”). These documents represent the entire agreement between the parties, and no statement, promise or inducement made by either party to the other that is not contained therein shall be binding. The terms or conditions of this contract may not be modified, except in writing signed by all the parties.

Section II - Contract Work

The Contractor shall provide the materials and equipment to fully execute the Work described in the

Contract Documents. The Work shall be furnished and completed in accordance with the Contract

Documents (hereinafter the Work is also sometimes called the “Project”).

Section III - Date of Commencement and Final Completion.

The Work shall commence upon issuance of Purchase Order.

The Contractor shall be completed with the work by Month XX, 2025.

Time is of the essence for all matters concerning this Contract

Section IV - Contract Sum

The District agrees to pay the Contractor for the performance of the Contract Work the sum of dollar amount in words ($X,XXX.XX). Payment shall be made to the Contractor by the District only after the http://www.kaneforest.com/

Contractor has fully performed the Contract Work.

Section V - Additional Terms

1. The contractor, subcontractors, and suppliers shall perform all work required for the Project in a good and workmanlike manner.

2. To the extent that the Project is a public work within the definition of the Prevailing Wage Act

(820 ILCS 130/.01 et seq, the “PWA”), Contractor shall fully comply with the PWA, including paying and requiring every Subcontractor to pay prevailing wages as established by the Illinois

Department of Labor for each craft or type of work needed to execute the contract in accordance with the PWA. The Contractor shall prominently post the current schedule of prevailing wages at the Contract site and shall notify immediately in writing all of its Subcontractors, of all changes in the schedule of prevailing wages. Any increases in costs to the Contractor due to changes in the prevailing rate of wage during the terms of any contract shall be at the expense of the Contractor and not at the expense of the District. The change order shall be computed using the prevailing wage rates applicable at the time the change order work is scheduled to be performed. The

Contractor shall be solely responsible to maintain accurate records as required by the prevailing wage statute and to obtain and furnish all such certified records to the District as required by

Statute. The Contractor shall be solely liable for paying the difference between prevailing wages and any wages actually received by laborers, workmen and/or mechanics engaged in the Work and in every way defend and indemnify the District against any claims arising under or related to the payment of wages in accordance with the Prevailing Wage Act.

3. Contractor shall comply with all applicable laws, regulations, and rules promulgated by any

Federal, State, County, Municipal and or other governmental unit or regulatory body now in effect during the performance of the work. By way of example, the following are included within the scope of the laws, regulations and rules referred to in this paragraph, but in no way operate as a limitation on the laws, regulations and rules with which Contractor must comply: all forms of

Workers Compensation Laws, all terms of the Equal Employment Opportunity Clause of the

Illinois Fair Employment Practices Commission, the Illinois Preference Act, the Social Security

Act, Statutes relating to contracts let by units of government, all applicable Civil Rights and Anti-

Discrimination Laws and Regulations, the Substance Abuse Prevention of Public Works Act, and traffic and public utility regulations.

4. Contractor shall contact J.U.L.I.E. (1-800-892-0123) and have the worksite checked for buried utility lines prior to work.

5. Any and all documents and improvements subject to this agreement are, at all times, property of the

District.

6. Contractor will be required to file a written substance abuse prevention program with the District for the prevention of substance abuse among its employees prior to the commencement of work.

7. Contractor shall provide a Letter of Credit or Performance Bond and Labor & Materials Payment

Bond, payable to the District, for not less than one hundred (100%) percent of the contract amount will be required prior to beginning construction, and such bonds shall include the provision guaranteeing the faithful performance of the Prevailing Wage Act.

8. Contractor shall submit a Certificate of Insurance complying with the terms, per the Project Scope dated November 6, 2025 prior to mobilization.

Section VI - Insurance

Contractor and Sub Contractors to furnish and deliver prior to commencement of work, a completed

Certificate of Insurance satisfactory to the Forest Preserve District of Kane County issued by a company licensed with and by the State of Illinois, and containing:

Commercial General and Umbrella Liability Insurance

A. Contractor shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $2,000,000 each occurrence. If such CGL insurance contains a general aggregate limit, it shall apply separately to this project/location.

CGL insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 10 93, or a substitute form providing equivalent coverage, and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract).

Owner shall be included as an insured under the CGL, using ISO additional insured endorsement CG

20 10 or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance afforded to Owner. Any insurance or self-insurance maintained by Owner shall be excess of the

Contractor’s insurance and shall not contribute with it.

There shall be no endorsement or modification of the CGL limiting the scope of coverage for liability arising from pollution, explosion, collapse, or underground property damage.

B. Continuing Completed Operations Liability Insurance

Contractor shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella liability insurance with a limit of not less than $2,000,000 each occurrence for at least three years following substantial completion of the work.

Continuing CGL insurance shall be written on ISO occurrence form CG 00 01 10 93, or substitute form providing equivalent coverage, and shall, at minimum, cover liability arising from products-completed operations and liability assumed under an insured contract.

Continuing CGL insurance shall have a products-completed operations aggregate of at least two times its each occurrence limit.

Continuing commercial umbrella coverage, if any, shall include liability coverage for damage to the insured’s completed work equivalent to that provided under ISO form CG 00 01.

C. Business Auto and Umbrella Liability Insurance

Contractor shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of any auto including owned, hired and non-owned autos.

Business auto insurance shall be written on Insurance Services Office (ISO) form CA 00 01, CA 00

05, CA 00 12, CA 00 20, or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage equivalent to that provided in the

1990 and later editions of CA 00 01.

D. Workers Compensation Insurance

Contractor shall maintain workers compensation as required by statute and employers liability insurance. The commercial umbrella and/or employers liability limits shall not be less than $1,000,000 each accident for bodily injury by accident or $1,000,000 each employee for bodily injury by disease.

If Owner has not been included as an insured under the CGL using ISO additional insured endorsement

CG 20 10 under the Commercial General and Umbrella Liability Insurance required in this Contract, the Contractor waives all rights against Owner and its officers, officials, employees, volunteers and agents for recovery of damages arising out of or incident to the Contractor’s work.

E. General Insurance Provisions

1. Evidence of Insurance

Prior to beginning work, Contractor shall furnish Owner with a certificate(s) of insurance and applicable policy endorsement(s), executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements set forth above.

All certificates shall provide for 30 days written notice to Owner prior to the cancellation or material change of any insurance referred to therein. Written notice to Owner shall be by certified mail, return receipt requested.

Failure of Owner to demand such certificate, endorsement or other evidence of full compliance with these insurance requirements or failure of Owner to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor’s obligation to maintain such insurance.

Owner shall have the right, but not the obligation, of prohibiting Contractor or any subcontractor from entering the project site until such certificates or other evidence that insurance has been placed in complete compliance with these requirements is received and approved by Owner.

Failure to maintain the required insurance may result in termination of this Contract at Owner’s option.

With respect to insurance maintained after final payment in compliance with a requirement above, an additional certificate(s) evidencing such coverage shall be promptly provided to Owner whenever requested.

Contractor shall provide certified copies of all insurance policies required upon award of contract.

2. Acceptability of Insurers

For insurance companies which obtain a rating from A.M. Best, that rating should be no less than A

VII using the most recent edition of the A.M. Best’s Key Rating Guide. If the Best’s rating is less than

A VII or a Best’s rating is not obtained, the Owner has the right to reject insurance written by an insurer it deems unacceptable.

3. Cross-Liability Coverage

If Contractor’s liability policies do not contain the standard ISO separation of insured’s provision, or a substantially similar clause, they shall be endorsed to provide cross-liability coverage.

4. Deductibles and Self-Insured Retentions

Any deductibles or self-insured retentions must be declared to the Owner. At the option of the Owner, the Contractor may be asked to eliminate such deductibles or self-insured retentions as respects the

Owner, its officers, officials, employees, volunteers and agents or required to procure a bond guaranteeing payment of losses and other related costs including but not limited to investigations, claim administration and defense expenses.

5. Subcontractors

Contractor shall cause each subcontractor employed by Contractor to purchase and maintain insurance of the type specified above. When requested by the Owner, Contractor shall furnish copies of certificates of insurance evidencing coverage for each subcontractor.

F. Indemnification

To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the District and their officers, officials, employees, volunteers and agents from and against all claims, damages, losses and expenses including but not limited to legal fees (attorney’s and paralegals’ fees and court costs), arising out of or resulting from the performance of the Contractor’s work, provided that any such claim, damage, loss or expense (i) is attributable to bodily injury, sickness, disease or death, or injury to or destruction of tangible property, other than the work itself, including the loss of use resulting there from and (ii) is caused in whole or in part by any wrongful or negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Paragraph. Contractor shall similarly protect, indemnify and hold and save harmless the Owner, its officers, officials, employees, volunteers and agents against and from any and all claims, costs, causes, actions and expenses including but not limited to legal fees, incurred by reason of Contractor’s breach of any of its obligations under, or Contractor’s default of, any provision of the Contract. Including the loss of use resulting therefrom, or is attributable to misuse or improper use of trademark or copyright protected material or otherwise protected intellectual property, to the extent it is caused in whole or in part by any wrongful or negligent act or omission of the

Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable.

Section VII - Assignment

This Contract is non-assignable in whole or in part by either party, and an assignment shall be void without the prior written consent of the District, whose consent shall not be unreasonably withheld

Section VIII - Contractor Status

Contractor acknowledges that it is an independent contractor; that it alone retains control of the manner of conducting its activities in furtherance of this Contract; that it as well as any persons or agents as it may employ are not employees of the District; and that neither this Contract, nor the administration thereof, shall operate to render or deem either party hereto the agent or employee of the other.

Section IX - Waiver of Terms

Waiver of any of the terms of this Contract shall not be valid unless it is in writing and signed by all parties. The failure of claimant to enforce the provisions of this Contract or require performance by opponent of any of the provisions shall not be construed as a waiver of such provisions or affect the right of claimant to thereafter enforce the provisions of this Contract. Waiver of any breach of this

Contract shall not be held to be a waiver of any other or subsequent breach of the Contract.

Section X - Compliance with Freedom of Information Act

Contractor agrees to maintain, without charge to the District, all records and documents for projects of the

District in compliance with the Freedom of Information Act, 5 ILCS 140/1 et seq. In addition, Contractor shall produce records which are responsive to a request received by the District under the Freedom of

Information Act so that the District may provide records to those requesting them within the time frames required. If additional time is necessary to compile records in response to a request, then Contractor shall so notify the District and if possible, the District shall request an extension so as to comply with the Act.

In the event that the District is found to have not complied with the Freedom of Information Act due to

Contractor’s failure to produce documents or otherwise appropriately respond to a request under the Act, then Contractor shall indemnify and hold the District harmless, and pay all amounts determined to be due including but not limited to fines, costs, attorneys’ fees and penalties.

Section XI - Other Applicable Laws

This contract shall be governed by the laws of the State of Illinois, which are incorporated herein. Any suit brought to enforce the provisions of this Contract shall be filed in the Sixteenth Judicial Circuit, Kane County, Illinois, but only after exhausting all possible administrative remedies. In any suit or action arising under this Contract, the prevailing party shall be entitled to an award of reasonable attorney’s fees and costs of litigation. No suit or action shall be maintained by the Contract, its successors or assigns, against the District on any claim based upon or arising out of this Contract or out of anything done in connection with this Contract unless such action shall be commenced within one year of the termination of this Contract.

IT IS MUTUALLY UNDERSTOOD AND AGREED that the Contractor shall have the full control of the ways and means of performing the work referred to above and that the Contractor or its employees, representatives or subcontractors are in no sense employees of the District, it being specifically agreed that the Contractor bears the relationship of an independent contractor to the District.

IN WITNESS WHEREOF the parties hereto have set their respective hands and seals the day and year first above written.

FOREST PRESERVE DISTRICT OF KANE COUNTY

BY: _______________________________ By: ___________________________

Benjamin Haberthur, Executive Director David Petschke, Director of Finance

CONTRACTOR

By: _______________________________