7-Terms and Conditions.pdf

To preserve and restore the nature of Kane County

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

INSTRUCTIONS TO BIDDERS - TERMS AND CONDITIONS

1. BID OPENING. Sealed Bids must be received as indicated on cover sheet. Bids received after this time will not be accepted or opened. Bids will be opened publicly and available for inspection immediately after the specified closing time. All interested parties are welcome to attend the bid opening. The bid opening will be held at the Forest Preserve District of Kane County Office, 1996 South Kirk Road, Suite 320, Geneva, IL 60134.

2. BID SUBMISSIONS. All bids must be submitted via www.vendor.bonfire.com, an online public bidding portal. Bids submitted in an otherwise manner will not be considered. Bids received after the close date and time specified per project details in Bonfire will not be accepted. It is the responsibility of the bidder to make sure their bid is submitted via Bonfire on time.

3. BID FORM PREPARATION. All blanks on the Bid Form must be completed in their entirety, typed or printed legibly in ink (black or blue ink only). In signing this bid, Bidder certifies this bid is genuine and not made in the interest or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a fraudulent or dishonest bid; Bidder has not solicited or induced any person, firm, or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any other advantage over any other Bidder or over the District. All names must be typed or printed in ink below each signature. Bids by corporations must be executed in the corporate name by the president or vice-president (or by an authorized representative accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or assistant secretary. The corporate address and state of incorporation must be shown below the signature.

Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature.

Bids shall be submitted before the close date and time via Bonfire as indicated in the project details and Advertisement for Bids.

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http://www.kaneforest.com/ http://www.vendor.bonfire.com/

4. MODIFICATION/WITHDRAWAL OF BID. Bids may be modified or withdrawn by an appropriate document, duly executed (in the manner that a bid must be executed), and delivered to the Forest Preserve District of Kane County Office, 1996 South Kirk Road, Suite 320, Geneva, IL 60134, at any time prior to the opening of Bids. If, after the Bids are opened, any Bidder that files a duly signed, written notice with the District and promptly thereafter demonstrates, to the reasonable satisfaction of the District, that there was a material and substantial mistake in the preparation of its bid, that Bidder may, with consent of District, withdraw its bid and the bid security will be returned.

Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents.

The Contractor certifies that, to the best of their knowledge, no officer or employee has been convicted of bribery or attempting to bribe an officer or employee of the Forest Preserve District of Kane County, nor has any officer or employee made an admission of guilt of such conduct which is a matter of record.

5. RESERVED RIGHTS. FOREST PRESERVE DISTRICT OF KANE COUNTY RESERVES THE RIGHT TO ACCEPT OR REJECT ANY OR ALL BIDS or to waive any informality or technicality in any bid in the interest of the District. If the District finds reason to disqualify or reject the apparent low Bidder, the District reserves the right to award the Contract to the next lowest responsible Bidder, or to rebid the entire Project, or to cancel the Project. All bids will remain subject to acceptance for 60 calendar days after the day of the bid opening; but the District may, in its sole discretion, release any bid and return the bid security prior to that date. The Forest Preserve District of Kane County will not be liable in any way for any costs incurred by respondents in replying to this bid.

6. DISCRETIONARY TERMINATION. The District, at its sole discretion, reserves the right to terminate this Contract or any part hereof at any time the District determines it necessary. Upon notification by the District of such termination, the Vendor shall immediately stop all Work hereunder, and shall immediately cause any of its suppliers or subcontractors to cease such Work. The Vendor shall be paid a percentage of the order price reflecting the percentage of the Work performed prior to the notice of termination. The Vendor shall not be paid for any Work done after receipt of the notice of termination, nor for any costs incurred by the Vendor's suppliers or subcontractors which Vendor could reasonably have avoided. The Forest Preserve District of Kane County shall be the sole judge as to the acceptability or quality of material bid.

7. TERMINATION FOR CAUSE. The District may terminate this Contract or any part hereof for cause in the event of any default by the Vendor, or if the Vendor fails to comply with any of the terms and conditions of the Contract. Late deliveries, deliveries of products which are defective or which do not conform to this Contract, and failure to provide the District, upon request, reasonable assurances of future performance, shall be reasons allowing the District to terminate this Contract for cause. In the event of termination for cause, the District shall not be liable to Vendor, for any amount, and Vendor shall be liable to the District for any and all damages, sustained by reason of the default which gave rise to the termination, including, but not limited to, all remedies available under the Illinois Uniform Commercial Code.

8. MODIFICATION OF AWARDED BID.

The Vendor and the District agree that no change order or other directive may be issued by the District which requires additional compensable Work to be performed, which Work causes the aggregate amount payable to exceed the amount appropriated for this Contract, unless the Vendor

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has been given a written assurance by the District that lawful appropriations to cover the costs of the additional Work have been made or unless such Work is covered under a remedy-granting provision in this Contract.

The Vendor and the District further agree that, regardless of any other provision of this Contract, the Vendor shall not be entitled to any additional compensation, whether by law or equity, unless prior to commencing the additional Work, the Vendor was given a written change order describing the additional compensable Work to be performed, and setting forth the amount of compensation to be paid, which change order was signed by the District's Director of Finance and Executive Director.

The District shall have the right at any time to make changes in drawings, designs, specifications, materials, packaging, time, and place of delivery and method of transportation. If any such changes cause an increase or decrease in the cost, or the time required for the performance, an equitable adjustment may be made and this Contract shall be modified in writing accordingly. Vendor agrees to accept any such changes subject to this paragraph.

The Forest Preserve District of Kane County is exempt from paying Illinois Retailers Occupation Tax and Federal Excise Tax.

9. PAYMENT.

As part of the award of this contract, the District shall reserve the right to set the payment terms, prior to the signing of the Contract. Retention of 5% will be held by the District until examination of the site is conducted by authorized representatives of the District. Payment shall be made to the Contractor by the District only after the Contractor has fully performed the Contract Work.

10. WARRANTY.

Contractor and/or Seller (as case may be) expressly warrants that all goods and services (real property and all structures thereon) will conform to the drawings, materials, performance, and any other specifications, samples, or other descriptions furnished by the District, and will be fit and sufficient for the purpose intended, merchantable, of good material and workmanship. Contractor and/or Seller (as case may be) agrees that these warranties shall run to Forest Preserve District of Kane County, its successor, assigns, customers, and users of the products or services, and that these warranties shall survive acceptance of the goods or performance of the services.

Contractor and/or Servicer and/or Seller shall provide to the Forest Preserve District of Kane County proof of adequate insurance coverage to satisfy the indemnification provisions herein.

11. EQUAL EMPLOYMENT OPPORTUNITY.

WHEREAS, the Act, upon which Article VI, Section 2-211 of the County Code is based, has been repealed and superseded by the Illinois Human Rights Act (Ill. Rev. Stat. Ch. 68, Sec. 1-101, et seq.

1987); and

WHEREAS, Forest Preserve District of Kane County is required to comply with the Illinois Human Rights Act and the rules and regulations promulgated thereunder by the Illinois Human Rights Commission, and

WHEREAS, the rules and regulations promulgated by the Human Rights Commission require that the Equal Employment Opportunity Clause shall be deemed to be a part of every public contract.

NOW, THEREFORE, BE IT ORDAINED by the Forest Preserve District of Kane County that Article VI, Section 2-211 of the Kane County Code, be amended to read as follows;

The equal employment opportunity clause required by the Illinois Human Rights Commission is hereby incorporated by reference in all contracts made by the Forest Preserve District of Kane County and in all bid specifications therefore furnished by the District to all bidders, contractors, and sub-contractors.

12. "APPROVED EQUAL".

If and wherever in the specifications reference is made to a brand name, catalog number, etc., it is only for the purpose of establishing a grade or quality required. Since the Forest Preserve District of Kane County does not wish to rule out other competition, the phrase "or approved equal" is added.

An "approved equal" is identical or superior in grade or quality. The Forest Preserve District of Kane County will be the sole judge as to acceptability of an "approved equal."

By signing this bid document, the Bidder hereby acknowledges and certifies that, should the bid submitted by the Bidder be the same (identical) to the bid of another Bidder, the District shall be the sole judge as to the successful qualified low Bidder. The District shall be the sole judge as to "same or identical" in any bids received.

13. PATENTS AND COPYRIGHTS.Vendor agrees upon receipt of notification to promptly assume full responsibility for defense of any suit or proceeding which may be brought against the District or its agents, customers, or other vendors, for alleged patent or copyright infringement, as well as for any alleged unfair competition resulting from similarity in design, trademark or appearance of goods, furnished hereunder, and Vendor further agrees to indemnify the District, its agents and customers, against any and all expenses, losses, royalties, profits, and damages, including court costs and attorney's fees, resulting from any such suit or proceeding, including any settlement. The District may be represented by and actively participate through its own counsel in any such suit or proceeding, if it so desires, and the costs of such representation shall be paid by Vendor.

14. DEFAULT.

In case of default of the Contractor, the Forest Preserve District of Kane County may procure the items and services from other sources and hold the Contractor responsible for any excess cost occasioned thereby.

By signing the bid document, the Bidder hereby certifies that they are not barred from bidding on this contract as a result of a violation of Article 33E, Public Contracts of the Illinois Criminal Code of 1961, as amended (IL Revised Statutes Ch.38, Par.33E-1,et seq.).

15. LIQUIDATED DAMAGES.

Failure to complete this project by the required completion dates will result in $500.00 a day in liquidation damages until the project is completed to the satisfaction of the Forest Preserve District of Kane County. Contractor shall not damage trees which shall remain in place. Damage to trees such as mature oaks, hickory, walnut etc. shall be assessed at $400.00 per caliper inch, measured 4 1/2 feet above the ground. Damage charges will be assessed directly to the Contractor.

16. QUALIFICATIONS OF BIDDERS.

To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit, within three working days after bid opening, upon Owner's request, detailed written evidence; such as financial data, previous experience, present comments, and other such data that may be called for in the Bidder's Qualifications Statement. Each bid must contain evidence of Bidder's qualification to do business in the State of Illinois and a certification that the Bidder is not barred from bidding on the Work as a result of previously violating either Section 33E-3 or 33E-4 of Article 33E of the Criminal Code of 1961. Bidders must be experienced in work referenced in this bid. Bidders must provide a list of similar type projects.