EATON UPS EQUIPMENT 25-111-IT.PDF

The County of DuPage

EATON UPS EQUIPMENT 25-111-IT

Finance Department

Procurement Division, Room 3-400 421 North County Farm Road

Wheaton, Illinois 60187

THE COUNTY OF DUPAGE

NOTICE TO BIDDERS

NOTICE IS HEREBY GIVEN that Bids will be received for the Contract EATON UPS EQUIPMENT 25-111-IT on or before October 7, 2025 at 2:30 p.m. Solicitation documents, including specifications, may be obtained by email at henry.kocker@dupagecounty.gov or at www.DemandStar.com. All Bids must be received prior to the date and time shown above.

Effective January 21, 2025, the County of DuPage (“County”) is only accepting Bids electronically at henry.kocker@dupagecounty.gov. Electronic signatures are allowed, and Bids do not have to be notarized.

The County accepts no responsibility for transmission failures or content omissions. Bids transmitted in person, by mail or by facsimile (“Fax”) will not be accepted.

Bid openings are open to the public. All openings will be attended by two (2) County employees.

Bid Title: EATON UPS EQUIPMENT 25-111-IT Date Solicitation for Bid Event Activity

September 17, 2025 Legal Notice Advertisement Placed

September 24, 2025 4:00 p.m.

Questions due to Buyer via email:

henry.kocker@dupagecounty.gov

September 30, 2025 4:00 p.m. Final Q&A Addendum Published

October 7, 2025 2:30 p.m.

Submittals Due to Finance Department henry.kocker@dupagecounty.gov mailto:henry.kocker@dupagecounty.gov http://www.demandstar.com./ mailto:henry.kocker@dupagecounty.gov

Table of Contents

SECTION 1 – PROJECT INFORMATION

SECTION 2 – INSTRUCTIONS

SECTION 3 – GENERAL CONDITIONS

SECTION 4 – SPECIAL CONDITIONS

SECTION 5 – INSURANCE REQUIREMENTS

SECTION 6 – STATEMENT OF WORK

SECTION 7 – FORMS

SECTION 8 – SAMPLE STANDARD CONTRACT

SECTION 1 – PROJECT INFORMATION

The following checklist is provided to help the Bidder ensure that its final submission is complete. It is a reference document that does not need to be included in the final submission. All forms are available for download at the Bid Forms and Information page of the Procurement Division’s website.

Yes # Item Description

☐ 1 Bid Pricing Form

☐ 2 Mandatory Form

☐ 3 Internal Revenue Service W-9 Form

☐ 4 Required Vendor Ethics Disclosure Statement Form

☐ 5 Limitations on the Authority of the County of DuPage to Contract

☐ 6 References Form

☐ 7 Joint Purchasing Agreement Form

☐ 8 Awarded Contractor Disclosure Form https://cms5.revize.com/revize/dupage/government/departments/finance/procurement/bid_forms.php

The following checklist is provided to help the awarded Contractor ensure that its post-award requirements are completed on schedule. It is a reference document that does not need to be included in the final submission. All forms and websites are available at the Bid Forms and Information page of the Procurement Division’s website. This information should be submitted to the Buyer assigned to this solicitation.

AWARDED CONTRACTOR CHECKLIST

Yes # Item Description Deadline/Detail/Links ☐ 1 Certificate of Insurance Due within 15 days of Notice of Intent to Award

☐ 2 Awarded Contractor Questionnaire (35 ILCS 200\18-50.2)

Due within 60 days of Notice of Award

☐ 3 Certificate of Good Standing for current year (IL Secretary of State)

Due within 15 days of Notice of Intent to Award Required for Corporations and LLCs

SECTION 2 – INSTRUCTIONS

1) ON-LINE NOTIFICATION OF SPECIFICATIONS: This document is available at www.DemandStar.com, as well as from the contact listed in this document. Adobe Acrobat Reader is required to view electronic documents on-line. If the Bidder does not have Adobe Acrobat Reader, the download is free from Adobe at www.adobe.com/products/acrobat/readstep.html.

Bidders without internet access may contact the Procurement Division at (630) 407- 6210 for these documents. Companies interested in doing business with the County can register at www.DemandStar.com. Registration is not required, but if the Bidder chooses to register, it will receive automatic notifications from DemandStar of relevant opportunities with the County. The County is not responsible for errors and omissions occurring in the transmission or downloading of any specifications from the DemandStar website. In the event of any discrepancy between information on the DemandStar website and the hard copy specifications, the terms of the hard copy specification will control.

2) ON-LINE PROVIDER DISCLAIMER: DemandStar.com has no affiliation with the County other than as a service that facilitates communication between the County and its vendors. DemandStar.com is an independent entity and is not an agent or representative of the County. Communications to DemandStar.com do not constitute communications to the County.

3) COMMUNICATIONS: To create a more competitive and unbiased procurement process, the County has established a single point of contact throughout the procurement process. From the issue date of this Solicitation for Bid until a successful Bidder has been awarded, all solicitation communications, including: (i) requests for clarification; (ii) requests for additional information; (iii) contact with the County personnel; or (iv) questions on the evaluation process must be directed solely to the contact person listed on the cover page of this Solicitation for Bid. No contact regarding this document with other County employees or officers is permitted. A violation of this provision may be grounds for the County to reject the Bidder’s Bid. If it is later discovered that a violation has occurred, the County may reject any Bid or terminate any contract awarded pursuant to this Solicitation for Bid. Termination of an awarded contract under this section shall constitute a termination for cause subject to the conditions set forth in Section 4 – Special Conditions, Subsection 6 Cancellation. Questions regarding the Statement of Work/Specifications will be shared with all Bidders.

4) INFORMATION AND QUESTIONS: Each Bid that is received on time will be evaluated on its merits and on the completeness of all requested information. In preparing the Bid, Bidders are advised to rely only upon the contents of this Solicitation for Bid, accompanying documents, and any written clarifications or addenda issued by the County. If the Bidder finds a discrepancy, error, or omission in any of the above-referenced documents, or requires any written addendum thereto, the Bidder is requested to notify the Procurement Division Contact noted on the cover of the Solicitation for Bid, so that written clarification may be sent to all prospective Bidders. The County is not responsible for oral representations. All questions must be submitted in writing solely to the Procurement Division Contact before the Question Deadline indicated on the front of this Solicitation for Bid. All answers will be issued in the form of a written addendum.

http://www.adobe.com/products/acrobat/readstep.html

5) SUBMISSION: To be considered, the Bid must be prepared in the manner and detail specified in this Solicitation for Bid. The County is only accepting Bids electronically at henry.kocker@dupagecounty.gov. Electronic signatures are allowed, and Bids do not have to be notarized. The County accepts no responsibility for transmission failures or content omissions. Bids transmitted in person, by mail or by facsimile (“Fax”) will not be accepted. Bids must be submitted before the date and time indicated as the deadline. It is each Bidder’s responsibility to ensure that the submission is received prior to the deadline. This responsibility rests entirely with the Bidder.

Bids received after the deadline shall not be accepted and emails shall be returned explaining that the Bid is nonresponsive. The Procurement Division email timestamp shall be the official time.

Receipt of an emailed Bid does not constitute the County’s acceptance of the Bid as a responsive Bid by a responsible Bidder.

Bidders must sign all Mandatory Forms if indicated. Unsigned Solicitations for Bid Signature Pages will not be considered. An authorized official must sign the Bid on behalf of the Bidder. Each signature represents a binding commitment upon the Bidder to provide the goods and/or services offered to the County at the time(s), in the manner, and at the price(s) proposed if the Bidder is determined to be the most responsive and responsible Bidder.

a) Submission of a Bid establishes a conclusive presumption that the Bidder is thoroughly familiar with the Bid, specifications, terms of the Form of Contract, and the County’s Procurement Ordinance, and that the Bidder understands and agrees to submit a Bid compliant with all stipulations and requirements contained herein.

b) All prices and notations must be typed or printed in ink. No erasures are permitted. Mistakes may be crossed out and the person(s) signing the Bid must initial corrections in ink.

c) All costs incurred in the preparation and presentations of the Bid, as well as any resulting contract, are the Bidder’s sole responsibility; no such costs will be reimbursed to any Bidder.

All documentation submitted with the Bid will become the property of the County.

d) Each Bid is subject to public disclosure after the deadline for opening in accordance with state law under the Illinois Freedom of Information Act (“FOIA”), 5 ILCS 140/1 et seq.

6) CONTRACT AWARD: The County reserves the right to: (i) withdraw the Solicitation for Bid at any time; (ii) to award one (1) Bidder; or (iii) to award to any combination of Bidders by item, group of items, or total Solicitation for Bid. The County may waive formalities and/or technicalities at its sole discretion. The Bidder(s) to whom the award is made will be notified as soon as practicable.

Tentative acceptance of the Bid, intent to recommend award of a contract, and actual award of the Contract will be provided by written notice sent to the Bidder at the address designated in the Bidder’s Bid. All Bids must be for a firm fixed price unless specified. If, for any reason, a contract is not executed with the selected Bidder within 15 days after notice of recommended award, then the County may recommend and/or award the next, most responsive and responsible Bidder. Award of a Contract is contingent upon the availability of funds for this project at the sole discretion of the County. Acceptance of the Bidder’s Bid or Submission does not constitute a binding contract or agreement to award. There is no contract until the County’s policies have been fulfilled. The County is not liable for performance costs until the successful Bidder has been given a fully executed contract and has completed performance thereunder. Failure to accept the terms and conditions of the County’s Notice to Bidders, Standard Contract and attachments may deem the Bidder non-responsive. The successful Bidder will be asked to sign the County’s Standard Contract. See Section 8 for a sample contract.

7) CANCELLATION AND WITHDRAWAL: The County may cancel its Notice/Request for bids at any time, for any reason, prior to execution of a Final Contract. Bidders may withdraw bids only by written notice transmitted prior to the deadline date set for the opening of the bid. No Bid may be withdrawn after Bids have been opened.

8) ALTERNATE/EQUAL BIDS: The specifications herein cannot precisely cover all minute details of the equipment required. Therefore, for purposes of establishing a standard of quality, the items listed in the bid specifications may state brand names, manufacturer’s models, numbers, etc. For cost effective measures, the County generally standardizes specific items; however, in some cases bids will contain the language "No Substitutions." Where “No Substitutions” is indicated, alternatives will not be accepted or considered. In all other cases, a generic or alternate brand product of equal specifications may be proposed as an alternative for the item. However, in bidding the alternate item, the Bidder must also attach the manufacturer’s printed specifications and literature.

Bidders are encouraged to submit cost-saving/value-added alternate bid pricing suggestions, including but not limited to rebates, creative lease agreements, extended warranty periods, trade-in allowances, or the availability of discounts for floor model or demonstrator units at significant savings. Any alternate pricing should be noted as a separate line that may be subtracted from the bid pricing as specified, allowing for clear evaluation and value-analysis by the County.

The County recognizes the expertise provided by many Bidders and encourages creativity in bidding. Alternates may be considered if the solicitation for bid submitted clearly indicates what will be furnished and how it will benefit the County. Alternates will be compared to the lowest responsive, responsible bid as specified.

9) DEVIATIONS: The County reserves the right to approve any material the Bidder proposes to furnish which contains deviations from specification requirements, but which may substantially comply, and which does not violate the bar to alternates in cases of “No Substitutions.” If there is any deviation in the pack, source, quality, etc., of any item from that prescribed in the specifications, Bidder must rule out the appropriate line in the specifications and clearly indicate the correction.

Prices will be converted by the County to accommodate accepted deviations.

10) REJECTION: The County reserves the right to reject any or all Bids, or to accept or reject any or all Bids in part or in whole, and to waive any formality, technicality or irregularity in Bids received, if it is determined by the Chief Procurement Officer or their designee that the best interest of the County will be served by doing so. The County may reject any Bid from any person, firm or corporation in arrears or in default to the County on any contract, debt, or other obligation, or if the Bidder is debarred by the County from consideration for a contract award, or if the Bidder has committed a violation of the ethics or anti-kickback provisions of the County’s Procurement Ordinance that resulted in a termination of a contract or other material sanction within the two (2) years immediately preceding the date of issuance of this document.

11) PROCUREMENT POLICY: Procurement for the County will be handled in a manner providing fair opportunity to all businesses. This will be accomplished without abrogation or sacrifice of quality and as determined to be in the best interest of the County. The Chief Procurement Officer has the vested authority to execute all County contracts, subject to Committee and County Board approval where required.

12) PROPRIETARY INFORMATION: Under the Illinois Freedom of Information Act1 (FOIA), all records in the possession of the County are presumed to be open to inspection or copying, unless a specific exception applies. One such exemption under FOIA is:

“…trade secrets and commercial or financial information obtained from a person or business where the trade secrets or commercial or financial information are furnished under a claim that they are proprietary, privileged or confidential, and that disclosure of the trade secrets or commercial or financial information would cause competitive harm to the person or business, and only insofar as the claim directly applies to the records requested”2

The County will assume that all information provided in a solicitation for bid is open to inspection for copying by the public unless and until the Bidder specifically marks the submission, or any portion thereof, as exempt from FOIA. If the Bidder believes that the submission or a portion thereof is exempt from FOIA, then the Bidder must provide two (2) copies of the information: one unredacted and one redacted. On each of these copies, the Bidder must highlight the proprietary information and designate the applicable FOIA exemption by citation. Information not highlighted and/or labeled will be deemed subject to disclosure.

13) NON-DISCRIMINATION: The County will not contract with any person or firm that discriminates against employees or applicants for employment because of any factor not related to job performance. The Bidder must comply with all federal, state, and local laws and policies that prohibit discrimination in employment contracts.

14) CONTRACT NEGOTIATION: All Bids must be firm for at least 120 calendar days from the due date of the Solicitation for Bids. If, for any reason, a contract is not executed with the selected Bidder within 15 days after notice of recommended award, then the County may recommend the next most responsive and responsible Bidder for award. There is no contract until the County’s policies and requirements have been fulfilled.

15) DISQUALIFICATION OF BIDDERS: Any one or more of the following causes may be considered sufficient for the disqualification of a Bidder and the rejection of the Bid:

a) Evidence of collusion among Bidders;

b) Lack of competency as revealed by either financial, experience, or equipment statements;

c) Lack of responsibility as shown by past work and/or conduct; or

d) Uncompleted work under other contracts which, in the judgment of the County, might hinder or prevent the prompt completion of additional work if awarded.

16) BIDDER RESPONSIBILITIES: The Bidder must be capable, either as a firm or a team, of providing all services in the time and manner as described by the Specifications and/or Scope of Work Section(s) and shall maintain those capabilities until notification of the fact that its Bid was unsuccessful. The successful Bidder must remain capable of providing all services proposed in the time and manner as described by the Specifications and/or Scope of Work Section(s) and shall maintain those capabilities until the Contract with the County is successfully completed, cancelled, or terminated. The successful Bidder will be responsible for performing all Services and/or providing all products described in this Solicitation for Bid. Further, the County will consider the successful Bidder(s) to be the sole point of contact regarding contractual matters, including payment of any and all charges resulting from the cost of any contract.

1 5 ILCS 140/1.2

2 5 ILCS 140/7(1)(g)

17) DISCLOSURE OF CONTENTS: All information provided in the Bid shall be held in confidence and shall not be revealed or discussed with competitors until after award of the Contract, except as required by applicable law or court decision. All material submitted with the Bid becomes the property of the County upon submission and may be returned only at the County’s option. Bidders must make no other distribution of bids other than authorized by this Solicitation for Bid. A Bidder who shares cost information contained in its Bid with other County personnel or competing Bidder personnel shall be subject to disqualification. Bidders shall not request, nor will be provided any information about other bids or prices, nor where the Bidder stands in relation to others at any time during the evaluation process. Any request for such information by a Bidder, or an affiliated party, may be viewed as a compromise to the evaluation process and the requesting Bidder may be disqualified from further consideration.

18) COMPLIANCE WITH ILLINOIS STATE LAW: By submitting a response, the Bidder certifies that it has obtained all required authorizations, certifications, and/or licenses required by law to perform the work described herein, and that Bidder is authorized to transact business within the State of Illinois. This may include, but is not limited to, in the case of a foreign business corporation, limited liability company, limited partnership, or limited liability partnership, authorization from the Illinois Secretary of State to transact business within the State of Illinois.3

19) PREVAILING WAGE: The prevailing rate of wages as determined by the County or the Illinois Department of Labor (“IDOL”) may apply to some or all work performed on this Contract, and shall be paid to all laborers, workers and mechanics performing work under this Contract if applicable.

State Statutes regarding Prevailing Wage and the current wage rates are available online at www.state.il.us/agency/idol/rates/rates. Contractors must retain payroll records for five (5) years and make those records available for inspection by the County or the IDOL. Contractors must submit monthly certification of payroll records. Certified Transcript of Payroll forms may be downloaded from the Bid Forms and Information page on the County’s Procurement Division website.

Bidders may request the use of an alternative format only if the alternative format includes the same required information. Requests for an alternative format must be submitted along with a sample format as part of the Bid submission. The Chief Procurement Officer will review requests and approve eligible alternative formats.

The Prevailing Wage Rates DOES NOT apply to some, or all work performed on this Contract. Where the preceding sentence indicates Prevailing Wage Rates apply, it is the Bidder’s responsibility to comply with these requirements and to assure compliance by subcontractors and/or lower tier subcontracts as required by IDOL.

3 For more information see: http://www.cyberdriveillinois.com/departments/business_services/howdoi.html.

SECTION 3 – GENERAL CONDITIONS

1) ADDENDUM AND SUPPLEMENT TO SOLICITATION FOR BID: If it becomes necessary or advisable to revise any part of this Solicitation for Bid, or if additional data is necessary to enable the exact interpretation of provisions of this Solicitation for Bid, revisions will be provided in the form of an Addendum. Addendum information is available over the internet at www.DemandStar.com.

Adobe Acrobat® Reader may be required to view addendum documents. Bidder shall acknowledge receipt of each addendum issued in the space provided on the Solicitation for Bid form.

2) APPLICABLE CODES AND ORDINANCES: The Contractor hereby certifies that all materials used will conform to all articles and sections of all current applicable National Building Codes and other relevant construction-related codes. Workmanship and materials shall conform to all local applicable codes and ordinances.

3) ASSUMPTION OF RISK: Until the completion and final acceptance by the County of all work performed under or implied by this Contract, the work shall be under the Contractor’s care and charge, and the Contractor shall be responsible for said work until completion of the Contract. The Contractor shall rebuild, replace, repair, restore and make good all injuries, damages, re-erection, and repairs rendered necessary by causes, of any nature, to all or any portion of the work.

4) CHANGES: The County reserves the right to make any desired change in the specifications after the same shall have been put under contract; but the change so made, with the price to be added or deducted from the Contract price, therefore, shall be agreed upon in advance in writing between the County and the Contractor. Illinois law requires that a change order or series of change orders which authorize or necessitate an increase or decrease in either the cost of a public contract by a total of $25,000 or more or the time of completion by a total of 180 days or more must comply with the Criminal Code.4 The Procurement Division shall issue to the Contractor a written change order to the original contract. Such change orders shall be binding upon both parties thereto and shall in no way invalidate or make void any terms of the original contract which have not been modified by such change.

5) COMMENCEMENT OF WORK: The Contractor must not commence any billable work prior to the County issuing a written Notice to Proceed. Work performed prior to issuance of a Notice to Proceed shall be at the Contractor’s sole risk and expense.

6) COMMUNICATIONS: To create a more competitive and unbiased procurement process, the County has established a single point of contact throughout the procurement process. From the issue date of this solicitation, until a contract has been awarded, all requests for clarification or additional information regarding this solicitation to bid (or the evaluation process), must be directed solely to the contact person listed on the cover page of this Solicitation for Bid.

No contact regarding this document with other County employees or officers is permitted. A violation of this provision may be grounds for the County to disqualify the Bidder and/or reject the Bidder’s Bid. If it is later discovered that a violation has occurred, the County may reject any Bid or terminate any contract awarded pursuant to this Solicitation for Bid.

Questions and answers regarding the Scope of Work/Specifications will be shared with all Bidders.

4 720 ILCS 5/33E-9 et seq.

7) CONFIDENTIAL INFORMATION AND COUNTY PROPERTY: It is acknowledged and agreed that all specifications, drawings, or data furnished by the County shall: (1) remain the County’s sole and exclusive property; (2) be considered and treated by Contractor as the County’s confidential information, and not be copied, reproduced or duplicated in any manner or disclosed to any person or party, except as is necessary in the performance of this Contract; and (3) be returned upon request.

8) CONTRACTOR PERFORMANCE: The Instructions to Bidders, Bid Form, General Conditions, Special Conditions, Contract Specifications and Attached Exhibits, together with the approved purchase order shall be incorporated in and become terms of the Contract. All items shall be supplied in strict accordance with the specifications. The Contractor’s performance under the Contract shall be to the satisfaction of the County and in accordance with the Contract terms. Failure to comply with any applicable statutory requirements shall be deemed a performance breach.

9) DISCIPLINE: Nothing herein shall be construed to imply that the County is retaining control over the operative details of the Contractor’s or its employees’ work or any subcontractor’s or their employee’s work. The Contractor shall assume responsibility for all oversight, and shall ensure compliance with all applicable safety guidelines.

10) DRUG FREE WORKPLACE: The Contractor (whether an individual or company) agrees to provide a drug free workplace per Illinois statute.5

11) ENDORSEMENTS: The Contractor shall not use the name, seal, or images of the County in any form of endorsement to any third-party without the County’s prior written permission.

12) FREIGHT ON BOARD: All goods are to be shipped prepaid, delivered Freight On Board (“FOB”) Destination, and installed as applicable. The total price quoted by the Bidder must be the total cost delivered to the location(s) stated. The Bidder must not qualify the bid submission by stating a FOB location other than such stated location(s). Shipments sent Cash on Demand (“COD”) without the County’s prior written consent will not be accepted and will at Contractor’s sole risk and expense, be returned to Contractor. Unauthorized shipments are subject to rejection and return at Contractor’s expense.

13) FORCE MAJEURE: The County shall not hold the Contractor liable for an extraordinary interruption of events or damage of County property caused by an unforeseen natural cause that cannot be reasonably avoided or prevented (i.e., droughts, floods, severe weather phenomena, et cetera).

14) HOLD HARMLESS AGREEMENT: The Contractor shall indemnify and hold harmless the County, its Engineers, Engineer’s Consultants, and all of the County’s partners, officers, agents, and employees from all suits, actions, or claims of any character brought for or on account of any injuries to or death of or damages received by any person, persons, or property resulting from the operations of Contractor and its agents, officers, and employees, or any of the Contractor’s subcontractors and their agents, officers, and employees, in prosecuting the work under this Contract.

15) HOLDING OF BIDS: The Bidder may withdraw the bid at any time prior to the time specified as the closing time for the receipt of bids. However, no Bidder shall withdraw or cancel the bid for a period of ninety (90) calendar days after said closing time for the receipt of bids.

16) INDEMNITY: The Contractor shall, at all times, to the extent permitted by law, fully indemnify, hold harmless, and defend the County and its officers, agents, and employees from and against any and all claims and demands, actions, causes of action, and cost and fees of any character whatsoever made by anyone whomsoever on account of or in any way growing out of the performance of this Contract by the Contractor and its employees, or because of any act or omission, neglect, recklessness, or misconduct of the Contractor, its employees and agents or its subcontractors and

5 30 ILCS 580/1 et seq.

their agents, officers, and employees, including, but not limited to, any claims that may be made by the agents, officers, and employees themselves for injuries to person or property or otherwise, and any claims that may be made by the agents, officers, and employees themselves or by the IDOL for the Contractor’s violation of the Illinois Prevailing Wage Act.6 Such indemnity shall not be limited because of the enumeration of any insurance coverage or bond herein provided. Nothing contained herein shall be construed as prohibiting the County, its officers, agents, or its employees, from defending through the selection and use of their own agents, attorneys and experts, any claims, actions, or suits brought against them. The Contractor shall likewise be liable for the cost, fees and expenses incurred in the County’s or the Contractor’s defense of any such claims, actions, or suits.

The Contractor shall be responsible for any damages incurred because of its errors, omissions, and intentional, reckless, or negligent acts and for any losses or costs to repair or remedy construction because of its errors, omissions, and intentional, reckless, or negligent acts. The County does not waive its defenses or immunities under the Local Government and Governmental Employees Tort Immunity Act7 because of indemnification or insurance herein enumerated.

17) LAW GOVERNING: The Bid and resulting Contract shall be governed by the laws of the State of Illinois. The Bidder and Contractor agree to comply with all applicable State and Federal laws.

18) VENUE: By submitting a response, the Contractor agrees that venue for all disputes arising out of the solicitation process and performance of the Contract, including but not limited to judicial review of any protest decision, will be exclusively in the circuit court for the Eighteenth Judicial Circuit in DuPage County, Illinois and that Illinois law will control.

19) LIABILITY OF CONTRACTOR: The mention of any specific duty or liability imposed upon the Contractor shall not be construed as a limitation or restriction of any general or other liability or duty imposed upon the Contractor by its Contract, said reference to any specific duty or liability being made merely for explanation. The Contractor shall be responsible to the County for the acts and omissions of all its agents, officers, and employees and all subcontractors, their agents, officers, and employees, and all other persons otherwise performing any of the Work under an agreement with Contractor.

20) LIENS, CLAIMS, AND ENCUMBRANCES: The Contractor warrants and represents that all the goods and materials ordered herein are free and clear of all liens, claims, and/or encumbrances of any kind.

21) LOBBYIST REGISTRATION: The Contractor shall comply with the provisions of Chapter 2, Article IX, Section 2-600, Lobbyist Registration of the Code of DuPage County, Illinois.

22) MATERIAL SAFETY DATA SHEETS: When applicable, the Contractor shall furnish Material Safety Data Sheets for its products in compliance with the Illinois Toxic Substance Disclosure to Employee Act and the “Right-to-Know” law.8 Material Safety Data Sheets, upon award of Contract, shall be submitted to the Procurement Division.

23) MISCELLANEOUS REQUIREMENTS: The County shall not be responsible for any expenses incurred by the Bidder in preparing and submitting a bid. All Bids shall provide a straightforward, concise delineation of its capabilities to satisfy the requirements of this Solicitation for Bids.

Emphasis should be on completeness and clarity of content.

6 820 ILCS 130/1 et seq 7 745 ILCS 10/1 et seq 8 820 ILCS 220/0.01 and 820 ILCS 225/0.1

24) NON-DISCRIMINATION: The Contractor, its agents, officers, employees, and its subcontractors, agree not to commit unlawful discrimination and agree to comply with applicable provisions of the Illinois Human Rights Act, the U.S. Civil Rights Act and Section 504 of the Federal Rehabilitation Act, and rules applicable to each.9

25) PATENTS: The Contractor undertakes and agrees to defend at the Contractor’s own expense all suits, actions, or proceedings in which the County, its Officers, agents, or employees are made defendants for actual or alleged infringement of any U.S. or foreign letters patent resulting from the use or sale of the items and/or services purchased hereunder. The Contractor shall inform the County whenever infringement will result from the Contractor’s adherence to specifications supplied by the County or by an authorized County representative. The Contractor further agrees to pay and discharge all judgments or decrees, which may be rendered in any such suit, action or proceedings against the County, its Officers, agents, or employees therein. Should the Contractor or its agents be enjoined from furnishing or using any invention, article, material, or appliance required to be supplied under this Contract, the Contractor shall promptly offer other articles, materials, or appliances in lieu thereof, of equal quality and suitability, for review by the County. If the County should disapprove of the offered substitutes and should elect, in lieu of substitution, to have supplied and to retain and use any such invention, article, material, or appliance as may be required by this Contract to be supplied, then the Contractor shall pay such royalties and secure such valid licenses as may be necessary for the County’s supply, retention, and use. If the Contractor does not make any approved substitution promptly or does not pay such royalties to secure the licenses as may be necessary, then the County shall have the right to make such substitutions and set off the cost thereof against any money due the Contractor from the County, and/or may recover the cost thereof from the Contractor and the Contractor’s sureties notwithstanding that final payment under this Contract may have been made.

26) PAYMENT: Original invoices must be presented for payment in accordance with instructions contained on the Purchase Order, including reference to Purchase Order number, and must be submitted to the correct address for processing. The County shall pay all invoices pursuant to the Illinois “Local Government Prompt Payment Act”.10 Invoices containing charges for work subject to the Illinois Prevailing Wage Act11 are required to be accompanied by the applicable Certified Transcript of Payroll form(s) for acceptance. Payment will not be made on invoices submitted later than six-months (180 days) after delivery of goods or services, and any statute of limitations to the contrary is hereby waived.

27) PROTEST: Any actual or prospective Bidder or Contractor who believes they have been adversely affected in connection with the Solicitation for Bid or award of a contract may mail or have served, within seven (7) calendar days of the challenged solicitation or Notice of Preliminary Award as applicable, a letter of protest to the Chief Procurement Officer. The Chief Procurement Officer will submit a response in writing to the protesting entity within five (5) business days from receipt of the protest.

28) RESERVATION OF RIGHTS: The County reserves the right to reject any or all solicitations for Bids failing to meet the County’s specifications or requirements and to waive formalities and/or technicalities. If in the County’s sole discretion, the lowest bid is not the most responsible bid, considering value received for monies expended, the right is reserved to make awards as determined solely by the judgment of the County in determining the lowest responsible Bidder. The County shall take into consideration the qualities of the articles supplied, conformity with the

9 Il Human rights act: 775 ILCS 5/1-101 et seq.US Civil rights act: Title VI, 42 U.S.C. §2000d et seq. and Federal Rehabilitation Act:

29 U.S.C. 794 et seq

10 50 ILCS 505

11 820 ILCS 130

specifications, and suitability to the requirements of the County and the delivery terms. Intangible factors, such as the Bidder’s reputation and past performance, will also be weighed. The Bidder’s failure to meet the mandatory requirements of the Solicitation for Bid will result in the disqualification of the bid from further consideration. The County further reserves the right to reject all Bids and obtain goods or services through intergovernmental or cooperative agreements, or to issue a new and revised Solicitation for Bid. Notwithstanding the foregoing, the County reserves the right to award or reject any bid as deemed to be in the best interests of the County.

Submission of a Bid confers no rights on the Contractor to a selection or to a subsequent contract.

All decisions on compliance, evaluation, terms, and conditions shall be made solely at the County’s discretion and shall be made in the best interest of the County. During any interview wherein it becomes apparent to the County that there is a mistake or error in any Bid received by the County, the County reserves the right to advise the Bidder as such and to permit the Bidder to modify the submitted Bid to remedy said mistake and/or error, prior to scoring of same.

29) TAX: The County of DuPage does not pay Federal Excise Tax or Illinois Sales Tax. The tax exemption number is E9997-4551. A copy of the exemption letter is available upon written request.

30) TRANSFER OF OWNERSHIP OR ASSIGNMENT: The terms and conditions of this Contract shall be binding upon and shall inure to the benefit of the parties hereto and respective successors and assigns. Prior to any sales or assignments, the County must be notified and approve the same in writing.

31) WARRANTY: Warranty coverage shall be in effect for a minimum of one (1) year after final completion of the project, as determined by the engineer.

SECTION 4 – SPECIAL CONDITIONS

1) ACCURACY DISCLAIMER: The Bidder(s) shall make themselves thoroughly acquainted with the sites, terms, requirements, and subject matter for performance of the proposed bid and hereby acknowledges a full and complete understanding the facilities, difficulties, terms, and restrictions attending to the execution of the Bid. The Bidder and Contractor will be allowed no additional compensation for the failure to be so informed.

2) ADDITIONAL MISCELLANEOUS REQUIREMENTS: The Bidder and Contractor are prohibited from assigning, transferring, conveying, subletting, or otherwise disposing of this Contract/Agreement, or its rights, title of interest therein, or its power to execute such Contract/Agreement to any other person, company or corporation without prior written consent and approval by the County. County staff will not take delivery of any equipment or material necessary for completion of the Work unless agreed previously in writing. The Contractor shall have a representative on-site to receive any equipment or material delivered for this project.

3) CONTRACT TERM: This Contract shall be effective for a one (1) year term period with an anticipated start date of 11/1/2025 and a completion date of 10/31/2026.

4) SPLIT BIDS: Bidders may bid on one or more categories, if applicable to the Solicitation for Bid.

The County reserves the right to award based on total solicitation, by single item, or by any combination of items, in accordance with the language in the Solicitation for Bid documents relating to Bidder selection (or rejection) in the best interest of the County.

5) CANCELLATION: The County reserves the right to cancel the whole or any part of this Contract upon:

a) 120-days’ written notice without cause;

b) 30-days’ written notice if the County fails to appropriate funds to enable continued payment under the terms of the contract;

c) 60-days’ written notice for any reason, or for no reason at all, if such termination is approved by the County Board no later than 180 days after a new County Board is seated subsequent to any election; or

d) 30-days’ written notice due to failure by the Contractor to carry out any obligation, term, or condition of this Contract.

The County will issue written notice to the Contractor for acting or failing to act as in any of the following:

i. The Contractor provides material that does not meet the specifications of this Contract;

ii. The Contractor fails to adequately perform the services set forth in this Contract;

iii. The Contractor fails to abide by the terms set forth in this Contract; and/or

iv. The Contractor fails to complete the work required or to furnish the materials required within the time stipulated in the Contract.

If the Contractor fails to progress in the performance of this Contract and/or gives the County reason to believe that the Contractor will not or cannot perform the requirements and/or terms of the Contract; upon receipt of the written notice of concern, the Contractor shall have ten (10) days to provide a satisfactory, written response to the County. Failure on the part of the Contractor to adequately address all issues of concern may result in the County resorting to any single or combination of the following remedies:

i. Cancel the Contract;

ii. Reserve all rights or claims of damage for breach of any covenants of the Contract; and/or

iii. Perform any test or analysis on materials for compliance with the specifications of this Contract.

If the results of any test or analysis find a material non-compliant with the specifications, the actual expense of testing shall be borne on the Contractor.

e) Notwithstanding the 30-day, 60-day and 120-day notice requirements above, in the event of Contractor’s insolvency, bankruptcy or receivership, at the County’s option, the County may immediately cancel this Contract. Any cancellation will be effective upon receipt of notice by Contractor. For clarity, the County’s termination under this Section shall not relieve County of any payment obligations incurred prior to the effective date of termination. Upon termination of this Contract, all data, work product, reports, and documents produced because of this Contract shall become the property of the County. Further, the Contractor shall provide all deliverables within fourteen (14) days of termination in accordance with the other provisions of this Contract.

6) LITERATURE: The Contractor must supply with its Bid the latest printed specifications and advertising literature applicable to Bid submitted.

7) PROPERTY FURNISHED TO CONTRACTOR BY COUNTY OF DUPAGE: All property furnished to the Contractor by the County or specifically paid for by the County for use in the performance of this Contract shall be and remain the property of the County, shall be subject to removal upon the County’s instruction, shall be used only in filling orders from the County, shall be held at the Contractor’s risk, shall be kept insured by the Contractor at the Contractor’s expense while in its custody or control in an amount equal to the replacement cost thereof, with loss payable to the County, and upon recall by County shall be packaged at Contractor’s expense for shipment to the County in accordance with County’s instructions. Copies of policies or certificates of such insurance will be furnished to County on demand. It is agreed that all specifications, drawings, or data furnished by the County shall:

a) remain the County’s sole and exclusive property;

b) be considered and treated by Contractor as County’s confidential information, and not be copied, reproduced, or duplicated in any manner or disclosed to any person or party except as is necessary in the performance of this order/Contract; and

c) be returned upon request.

8) PRICING: The County reserves the right to compare pricing submitted to any and all known national purchasing cooperatives in order to obtain the lowest pricing available in the current marketplace for this Contract award. The County reserves the right to award the Contract to the lowest responsive, responsible Bidder after reviewing all national purchasing cooperative pricing programs available for the County to participate in.

9) DELIVERY REQUIREMENTS: All purchases must be delivered to the receiving dock, or location as otherwise specified by the County’s agent (“Buyer”) in the Purchase Order. The Contractor shall:

a) make all deliveries Monday through Friday between the hours of 7:00 a.m. and 3:30 p.m.;

b) notify the Buyer if the Contractor is unable to fulfill the complete Purchase Order in the stated quantities by the requested date, and the Buyer will then determine whether the changes are acceptable or if the Purchase Order will be cancelled and issued to a different supplier;

c) notify the Buyer before making any changes or substitutions of materials or quantities specified on the Purchase Order, and pay any and all costs attributable to said changes;

d) supply and remove pallets at no additional cost to the County, and notify drivers that they must remove pallets;

e) place orders at least ten (10) working days in advance of the due date;

f) comply with Conveyor Requirements; and

g) deliver all items in full cartons.

h) provide a truck with lift gate or an acceptable unloading method as here is no loading dock available at the Care Center.

10) EXTENDED WARRANTY OPTIONS: If available, additional information on extended warranty must be attached to the Bid.

11) PAYMENTS: Separate invoices are required for each County department participating in the purchase. Invoices must be submitted to the specific purchasing County department(s) as indicated by the County.

12) CREDIT MEMOS: Credit Memos shall be provided on the original form with date of return, descriptions of items, and prices noted.

13) QUALITY: All recycled products or materials shall show the percent of post-consumer recycled content. Items that are used, demonstrators, obsolete, seconds, or which have been discontinued are unacceptable without prior written approval of the Chief Procurement Officer.

14) THIRD PARTY AGREEMENT: Unless specifically requested in the Solicitation for Bid, the Bidder shall not propose, and the County shall not enter, a third-party rental agreement. The County reserves the right to disqualify any Bidder so bidding.

15) QUANTITIES: The County reserves the right to increase or decrease the quantities shown herein at any time during the life of the Contract to correspond to the actual needs of the County.

16) RELATED PURCHASES: In the event items are purchased within the same category (i.e., a different variation of part or service than specifically itemized in the scope of work or product specification), the discount indicated on the Bid for the group of items shall apply.

SECTION 5 – INSURANCE REQUIREMENTS

1) CONTRACTOR, PERMITS & SERVICE INSURANCE REQUIREMENTS: The County’s minimum acceptable insurance liability requirements are provided in its “Contractor, Permits, and Services Insurance Requirements” document. This document is located on the Bid Forms and Information page of the Procurement Division’s website.

All Awarded Bidders must comply with the requirements specified on this document as described in greater detail below.

2) CERTIFICATE OF INSURANCE: The Awarded Bidder shall furnish the Buyer with the Certificate of Insurance (“COI”) within fifteen (15) calendar days of the Notice of Acceptance of Bid. In addition, the Awarded Bidder shall provide the following endorsements:

a) Additional Insured for Commercial General Liability, Umbrella Liability, Excess Liability, and Business Auto Liability;

b) Waiver of Subrogation; and

c) Primary and Non-Contributory.

The COI provides proof of the specific coverage of the types of insurance. Coverage varies depending upon the Bid, but all Bids must have: (i) Workers’ Compensation, (ii) Employers Liability,

(iii) Commercial General Liability, and (iv) either Umbrella Liability or Excess Liability. If Staffing & Temporary Worker Agencies are proposed as a part of the Bid, then “Alternative Employer” endorsement is required for any Worker’s Compensation policy.

TYPE OF INSURANCE MINIMUM LIABILITY LIMITS

1) Workers’ Compensation Statutory

2) Employers Liability12 $1,000,000.00

3) Commercial General Liability $2,000,000.00

4) Umbrella Liability $2,000,000.00

5) Business Auto Liability* $1,000,000.00

Such coverage shall be placed with a responsible company acceptable to the County. The company must be licensed to do business in the State of Illinois and have a minimum insurance rating of A as found in the current edition of AM Best’s Key Rating Guide. Each policy shall bear an endorsement precluding the cancellation or reduction of said policies without providing the County thirty (30) days prior notice thereof in writing. All required insurance shall be maintained by the Contractor in full force and effect during the life of the Contract, and until all work has been approved and accepted by the County. The Contractor is responsible for all insurance deductibles and Self-Insured Retentions.

12 Employee Liability is required for each accident and disease.

At all times during the term of the Contract, the Contractor and its subcontractors shall maintain, at its sole expense, insurance coverage for the Contractor, its employees, Officers, and subcontractors, as follows:

a) It is the responsibility of Bidder and Contractor to provide a copy of this Solicitation for Bid to the insurance provider;

b) It may also be required that the Bidder’s…