Mi Default Request, Affidavit, Entry and Notice of Entry by ima13050

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									 Forest Preserve District of Cook County

        Request for Proposals for


        Professional Audit Services
For Fiscal Years Ending December 31, 2008
        Through December 31, 2010




               February 2009
                         REQUEST FOR PROPOSALS FROM
                   FIRMS QUALIFIED AND INTERESTED IN PROVIDING
                          FINANCIAL AUDITING SERVICES

I.     INTRODUCTION
       The Forest Preserve District of Cook County, Illinois (“the District”) is requesting proposals
       from qualified firms of certified public accountants to audit its financial statements for the
       fiscal years ending December 31, 2008 until December 31, 2010.

       This document outlines the information necessary to understand the selection process and the
       requirements of submitting a proposal. Five (5) copies of all proposals must be submitted by
       12:00 p.m, Tuesday, February 24, 2009 either electronically or via mail to:

              Marlo Kemp
              Chief Financial Officer
              Forest Preserve District of Cook County
              69 W. Washington St., Ste. 2060
              Chicago, IL 60602
              Email: mkemp@cookcountygov.com

II.    INFORMATION AND QUESTIONS
       All interested firms are encouraged to familiarize themselves with the District's accounting
       and record keeping systems. Interested parties may make an appointment to review the
       District’s financial records.

       Questions and requests for additional information should be submitted to the Chief Financial
       Officer at the address above.

III.   BACKGROUND
       The Forest Preserve District of Cook County’s fiscal year is January 1 – December 31.
       Using revenue accruals, the District closes its financial records by January 25 ofollowing the
       end of the fiscal year. A pre-audit conference is usually held prior to the close of the fiscal
       year to identify work documents and financial schedules that the District's staff will
       complete.

       The District applied for the GFOA Certificate of Achievement for Excellence in Financial
       Reporting for the first time in 2006. Receipt of this certificate is highly important to the
       District's accounting and management staff and to the Board of Commissioners.

       The District recognizes the need for and supports the development of a professional
       relationship between the auditing firm and itself. Contingent on a continued satisfactory
       relationship, the District envisions a least a three year association with the selected firm.
IV.   SCOPE OF SERVICES

      At this time, the District is seeking to select a firm capable of:

            Examining all District funds for compliance with generally accepted accounting
             principles and sound internal control and financial management procedures.
            Preparing the comprehensive annual financial report including all typing and
             reproduction (2 drafts and at least 75 final copies).
            Reviewing the District's accounting, internal control, and financial management
             practices and providing an annual management letter recommending improvements.
            Providing periodic advice throughout the year on proper accounting procedures and
             practices.
            Assisting the District in receiving the GFOA “Certificate of Achievement” for
             each of the CAFR's prepared by the firm.
            Attending Audit Committee meetings (if necessary) to present the CAFR and
             management letter and to respond to inquiries.

      All work must be performed in compliance with:

            Auditing standards generally accepted in the United States;
            The Governmental Accounting Standards Board (GASB) pronouncements as they
             occur.

V     DOCUMENTATION AND PRESENTATIONS
      The following information shall be submitted in a clear, comprehensive, and concise manner.

      Statement of Qualifications
            A description of the firm including how long the firm has conducted municipal
             audits. Include the number of CPA's and other full-time employees in the office or
             branch that would be conducting the audit.
            Experience of the firm in conducting municipal audits. Include a listing (with a
             contact person and telephone number) of at least 5 Illinois municipal audits
             conducted in the last three years. Denote those audits that have received the
             GFOA's “Certificate of Achievement.”
            The resume of the partner or manager who would have overall responsibility for the
             District’s audit and the resumes of other staff who would likely be assigned to the
             District’s audit. In each person's resume, please include a list of all municipal audits
             worked on in the last three years and the person's duties in those audits.

      The fee proposal should contain all pricing information relative to performing the audit
      engagement as described in this request for proposals on a "not to exceed" basis for the years
      ending December 31, 2008 through December 31, 2010. The total all-inclusive maximum
      price proposed is to contain all direct and indirect costs including all out of pocket expenses.
VI   SELECTION PROCESS

     General
     After reviewing this document, any firm who determines it has the necessary expertise,
     experience and could successfully carry out the scope of services identified may submit a
     proposal addressing the items set forth herein.

     All proposals must be received by 12:00 p.m. on February 24, 2009 either electronically or
     via mail at the following address

             Marlo Kemp
             Chief Financial Officer
             Forest Preserve District’s Bureau of Finance and Administration
             69 W. Washington St., Ste. 2060
             Chicago, IL 60602.
             Email: mkemp@cookcountygov.com

     The District will then review the proposals and select finalists who will be invited to
     participate in oral interviews. The final selection of a firm must be approved by the District's
     Board of Commissioners. The District reserves the right to waive any informalities in the
     selection process and to reject any or all proposals.

     Selection Criteria
     Should the District select a firm, the selection criteria will include:

            Evaluation of firm's qualifications, experience and available resources.
            Evaluation of the project personnel's qualifications and experience.
            Performance appraisals from past and existing clients.
            Success of the firm in preparing CAFR's which have received GFOA “Certificates of
             Achievement.”
            Ability of the firm to complete the audit and present the CAFR and management
             letter within 180 days of the close of the District's fiscal year.
            Cost of the services.

     Schedule
     The selection process will proceed as follows:

                  Request for Proposals                             February 10, 2009
                  Proposals Due                                     February 24, 2008
                  Oral Interviews (if necessary)                    February 26 – 27, 2009
                  Notify Firms of Selection                         March 2, 2009
                  Approval of Board of Commissioners                March 4, 2009
                       Information for RFP Respondents

PREPARATION OF RFP RESPONSES

1. All RFP Responses must be legibly completed either in ink or typed.

2. RFP Respondent shall indicate a start time and completion time if the District has not so
   designated the same. (Said estimates are factors considered when awarding the Contract.)

3. Unit prices must be given for all items not marked “Lump Sum”. All amounts must be
   extended and totaled. In the event of a discrepancy between unit prices and extended amounts,
   the unit price shall govern.

4. If the Proposal is made by a partnership or firm, the Proposal must be executed by an
   authorized partner and acknowledged by the Secretary or any other officer authorized to bind
   the business entity. The signator shall print his/her name and provide his/her title, if any. The
   RFP Respondent shall also provide the legal address of said partnership, firm or other business
   entity.

5. If the Proposal is made by a corporation, the Proposal must be executed by the President or
   some other authorized officer and acknowledged by the Secretary and stamped with corporate
   seal. The signator shall print his/her name and provide his/her title. The RFP Respondent shall
   also provide the legal address of said corporation or business entity.

6. A partnership, sole proprietor or business entity operating under an assumed name shall be
   registered as provided in the Illinois revised statutes, 1991, chapter 96, section 4 et seq. (Illinois
   revised statues 1992 M 805 ILCS 4-5/1) Partnerships, corporations and/or other business entities
   submitting RFP Responses must be registered and in good standing either with the Illinois
   Secretary of State or in the state in which they reside.
RFP RESPONSES

        STANDARD DISTRICT FORMS MUST BE UTILIZED FOR RFP RESPONSES
                     ALL INFORMATION MUST BE LEGIBLE!

The RFP Responses shall include the following information:

   1 The Name of the Person, Firm, Partnership, Corporation or legal business entity.

   2 The Address of the RFP Respondent; FEIN number or social security number.

   3 The Total Proposal Amount in words and figures, or the Price Proposal per quantity
      Specified, whichever is applicable.

   4 The RFP Respondent shall name a unit price and a Total Proposal Amount, based on the
      estimate of quantity given for each and every separate item listed on the blank form of the
      Proposal.

   5 Information must be complete, unconditional, clear, and unaltered formatted in compliance
      with the District’s standard format.

   6   Optional: Certificate of Qualification as a Local Business.

   7 Acknowledgment of addendum receipt when issued.

   8 When required, submittal of attendance at the mandatory pre-Proposal conference and when
     required, submittal of field inspection form.

   9 Certificate of qualification (notarized).

  10 Tax and fee delinquency form (notarized).

  11 When required, Certificate of residency requirement (notarized).

  12 RFP Respondent’s History.

  13 Child Support form (notarized).

  14 Executed contract (by authorized individuals).

  15 Signed Surety’s statement of Qualification for Bonding form indicating RFP Respondent’s
     ability to obtain valid and enforceable Performance Bond and Payment Bond in the full
     amount of the Proposal, should the Contract be awarded to the RFP Respondent.
    RFP RESPONSE DOCUMENTS MAY BE REJECTED IF THE ABOVE CRITERIA
ARE NOT SATISFIED. COMPLIANCE WITH THIS PROVISION SHALL IN ALL CASES
    BE DETERMINED BY THE DISTRICT’S PURCHASING AGENT AND SUCH
                    DETERMINATION SHALL BE FINAL.
SUBMISSION OF RFP RESPONSES

All RFP Respondents shall submit an original signed Proposal with five copies to the following
address by 5:00 pm:

                Marlo Kemp
                Chief Financial Officer
                Forest Preserve District of Cook County
                69 W. Washington St., Ste. 2060
                Chicago, IL 60602

Any Proposal received after the aforementioned date and hour will not be considered and will be
returned. RFP Respondents may not change, alter, add to or supplement in any way their Proposal
after the date and exact time for submission of RFP Responses as specified in the advertisement for
such project.


FORM OF PROPOSAL

RFP Responses must be presented on the blank form of the proposal attached hereto and enclosed
in the sealed envelope provided herewith.



TIME OF STARTING WORK

Unless otherwise designated, the work shall commence on a time and date agreed to by the
Respondent and the District’s Chief Financial Officer. The Respondent shall not commence work
and/or furnish materials until the given date



PROGRESS SCHEDULE

The successful RFP Respondent shall submit a project progress schedule for the proposed work that
can and may be reviewed by the Chief Financial Officer. Such a schedule shall be structured so that
the audit shall be completed by no later than June 30, 2009.



QUALIFICATIONS OF THE LOWEST RFP RESPONDENT

All RFP Respondents shall demonstrate, on the forms enclosed herewith, the RFP Respondent’s
experience, organization and qualifications with respect to the work involved. The District reserves
the right to reject any Proposal that the District, in its sole discretion, believes does not demonstrate
the RFP Respondent’s ability to carry out the obligations of the Contract or to complete the work
contemplated therein. This determination may be based upon the information submitted by the
RFP Respondent or the District’s independent investigation. The decision of the District in this
regard shall be final.



WITHDRAWL OF RFP RESPONSES

RFP Responses may be withdrawn upon the written request of the RFP Respondent prior to the
time fixed for opening. No Proposal may be changed, amended or supplemented in any way after
the exact time for submission of RFP Responses specified in the advertisement for RFP Responses.
Any RFP Respondent that cancels or withdraws its Proposal after the Proposal opening will be
deemed unqualified, and be prohibited from receiving a district contract for a period of one (1) year
from the date of Proposal opening.



RFP RESPONDENT WARRANTIES

The submission of a Proposal shall constitute a warranty that: (a) RFP Respondent has carefully
and thoroughly reviewed the Contract Documents and has found them complete and free from
ambiguities and sufficient to describe the Contract work; (b) RFP Respondent and all workers
and/or employees it intends to use in the performance of this Contract are skilled and experienced
in the type of work or services called for by the Contract Documents; and (c) neither the RFP
Respondent nor any of its employees, agents, suppliers or subcontractors have relied on any verbal
representations from the District, or any of the County’s employees, agents, or consultants, in
preparing the Proposal.



INQUIRIES

         DURING THE PROPOSAL PROCESS, ALL INQUIRIES MUST BE DIRECTED,
           IN WRITING, ONLY TO THE FOREST PRESERVE DISTRICT OF COOK
                  COUNTY CHIEF FINANCIAL OFFICER AS FOLLOWS:

               CHIEF FINANCIAL OFFICER
               FOREST PRESERVE DISTRICT OF COOK COUNTY
               69 W. WASHINGTON SUITE 2060
               CHICAGO, IL 60602

               Fax: (312) 603-9638
               Email: mkemp@cookcountygov.com
RIGHT TO ACCEPT AND REJECT RFP RESPONSES

The District reserves the unqualified right to reject or accept any and all RFP Responses or any
combination thereof, if applicable, which, in its sole and absolute judgment, will best serve the
public interest. In the event equal RFP Responses are received, the District reserves the unqualified
right in its absolute and sole discretion, to accept the Proposal from the contractor that the District
deems most qualified and /or that will, under all circumstances, best serve the public interest. The
District reserves the right to reject any RFP Responses that are incomplete, conditional, and obscure
or contain alterations and/or additions to, standard Proposal specifications issued by the District.

In the event that the Successful RFP Respondent fails to execute the Contract the successful RFP
Respondent may be deemed to be in default and may be prohibited from proposing on any District
contracts or projects for one (1) year. The District reserves the right to accept the Proposal of any
other RFP Respondent within ten (10) calendar days from such default. The acceptance of such
Proposal after default shall have the same effect on the subsequent successful RFP Respondent as
though he/she were the original successful RFP Respondent.



CONDITIONS OF THE WORK

Each RFP Respondent is charged with the responsibility of acquainting themselves, by personal
examination, with the location of the proposed work, and shall, therefore, be informed of the actual
conditions and requirements of the work, including risks, means of access, and character of the
proposed location of work, restrictions and regulations. Failure to do so will not relieve a successful
RFP Respondent of its obligations to carry out the provisions of the Contract and to complete the
contemplated work for the amount set forth in the Proposal.

The submission of a Proposal shall constitute and imply full knowledge of such conditions and
regulations and acceptance of the risks contained therein.



LAWS AND REGULATIONS – PUBLIC CONTRACTS

The RFP Respondent shall at all times observe and comply with all laws, ordinances, regulations,
and codes of the Federal, State, County, and other local government agencies which may in any
manner affect the preparation of the Proposal Response or the performance of the Contract. If the
RFP Respondent observes that any of the Contract Documents are at variance therewith, it shall
promptly notify the Purchasing Agent in writing and necessary changes shall be effected by
appropriate modification.
MBE/WBE CONTRACT GOALS

It is the administrative goal of the District to achieve twenty-five percent (25%) Minority Business
participation and five percent (5%) Women Business participation in all contracts and purchases.
The District encourages the successful RFP Respondent, to utilize MBE/WBE’s in their sub-
contracting efforts to help achieve these goals. If the RFP Respondent chooses to acknowledge these
goals, letters of intent will be required when the Proposal is awarded. RFP Respondents may
contact the office of the Purchasing Agent for sources of information.

Each RFP Respondent, in the selection of said sub-contractor, shall abide by all Federal and Local
Laws, Regulations, Ordinances, etc., affecting in any manner the work under the Contract. Each
RFP Respondent shall further agree to comply with the Constitution of the United States, the Civil
Rights Act of 1964 (42 U.S.C. § 1971 et seq.), Section 504 of the Rehabilitation Act of 1973, the
Americans with Disabilities Act of 1990 (42 U.S.C. § 1210 et seq.) the Constitution of the State of
Illinois, the Human Rights Act (775 ILCS 10, et seq. through 775 ILCS 20/7), the Cook County
Human Rights Ordinance, and any laws, regulations, statutes, ordinances or orders, whether local,
state or federal, and District Ordinances and rules which prohibit. discrimination on the grounds of
race, color, sex, religion, national origin, ancestry, age, marital status, inability to speak or
comprehend the English language, physical or mental disabilities, sexual orientation or unfavorable
discharge from military service.



CONTRACT

All RFP Respondents shall sign and attest a Contract on behalf of their organization and submit this
contract with their Proposal. The District will sign the contract only with the Successful RFP
Respondent after all required insurance and bonding requirements are met. The Successful RFP
Respondent shall have fourteen (14) calendar days from the date of the mailing of the Notice of
Award to supply the District with all acceptable and required bonds and insurance. Failure to
adequately provide said bonds and insurance for any reason within the specified time may result in
the District declaring Successful RFP Respondent has failed to execute the Contract. The District
then may place RFP Respondent in default and the RFP Respondent shall not be eligible to be
awarded any future work with the Forest Preserve District of Cook County for a period of one (1)
year. In addition, any and all Proposal Security provided to the District shall be retained by the
District as liquidated damages.

The District, at its option, may require any RFP Respondent or RFP Respondents to submit sworn
statements, properly executed, supplying requested information and data relative to the experience,
equipment and financial resources of the RFP Respondent.

Said Contract must be executed in accordance with the provisions of the Section entitled
”Preparation of RFP Responses,” cited above.
LIVING WAGE

The Forest Preserve District Living Wage ordinance mandates that a current minimum base wage of
$9.43 per hour be paid to individuals employed under contracts between the District and any
person or entity awarded a contact by the District or the subcontractor or any such person or entity.



CHILD SUPPORT

Every applicant for a District contract shall be in full compliance with any child support order
before such applicant is entitled to receive or renew a District contract. When delinquent child
support exists the District shall not issue or renew any District contract and may revoke any district
contracts. (See Affidavit of Child Support Obligations Form).



HUMAN RIGHTS

No person who is a party to a contract with the District shall engage in unlawful discrimination or
sexual harassment against any individual in the terms or conditions of employment, credit, public
accommodations, housing, or provisions of district facilities, services or programs.



INDEMNIFICATION & HOLD HARMLESS

The RFP Respondent agrees, by his/her Proposal, to defend, indemnify, save and hold harmless the
Forest Preserve District of Cook County and its Commissioners, officers, employees, and agents
from any and all claims, demands, losses, damages, action or actions, charges, judgment or
judgments that may arise as a result of the work performed under the Contract, which includes, but
is not limited to, labor and materials employed in the manufacture or delivery of the equipment,
claims relating to inventions, patents and patent rights, attorney fees and costs, etc.



EXEMPTION FROM TAXES

The District is exempt from all manufacturers’ and retailers’ Federal Excise Taxes directly applicable
to the completed items covered under this Proposal.

Legislative Act amending section 2 Retailers’ Occupational Tax exempts the District as of March 21,
1963.

Section 3475 (b) of the Internal Revenue Code, as amended, provides, in part, that the tax on the
transportation of property shall not apply to amounts paid for the transportation of property to or
from the government of a State or a political sub-division thereof.
All RFP Responses made hereunder are made with the understanding that the District will benefit
and that Federal Excise Tax, Illinois Retailers’ Occupational Tax and Transportation Tax has not
been included in the Unit prices.

The Purchasing Agent of the District will issue appropriate tax exemption certificates upon request.



INCREASE OF PRICE

The Contract Price shall not be increased for any reason without the prior documented approval of
the Board of Commissioners of the Forest Preserve District of Cook County. Thus, the RFP
Respondent will not, under any circumstances, receive any increase of the Contract Price without
said prior documented approval.



CHANGES

There shall be no changes in specifications under any circumstances for any reasons, unless the
Purchasing Agent and / or Director of Planning and Development has approved the same in
writing. Under no circumstances shall there be any oral claims or oral orders for any changes.



DURATION OF PROPOSAL

RFP Respondent agrees to be bound to the terms of its Proposal for a period of NINETY (90)
calendar days after the Proposal Opening Date.



NON-DISCRIMINATION

The Forest Preserve District of Cook County does not discriminate on any basis in treatment or
employment of District programs or services.
General Conditions                                                                        14



                                    RFP Response


RFP Response For: _______________________________________

Date: ________________

Proposal Submitted by: _______________________________________

Business Name: _________________________________________

FEIN# / _SSN#___________________________________________

Contact Person: __________________________________________

Address: ________________________________________________

Address: ________________________________________________

City, State, Zip: __________________________________________

Telephone Number(s)            (   ) _________________________

                               (____)_________________________

Fax Number:                    (____) _________________________

Having carefully examined the Information for RFP Respondents, General Conditions, prepared
for work entities well as the premises and the conditions affecting the work, the undersigned
hereby agree(s) to furnish all labor, labor materials, equipment and other materials for the Work
in accordance with the Contract Documents as noted, for the Total Bid Amount of:


TOTAL COST INCLUDING CONTINGENCY:

_________________________________________________________ $__________________

       (WORDS)                                                               (FIGURES)

The Forest Preserve District of Cook County is exempt from Federal Excise Tax, Illinois
Retailers’ Occupational Tax and Transportation taxes, therefore these taxes are not to be
included in the RFP Response.

The prices set forth herein are in agreement with all Federal, State and Local Laws, Rules,
Ordinances and Regulations.



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General Conditions                                                                   15


Duration Of Proposal Offer – RFP Respondent agrees to be bound to the terms of its bid for a
period of Ninety (90) calendar days after the submission Date.

Corporate Officers

Owner / President    ______________________        ________________

Secretary: __________________

Signature of Owner / President_____________________________________

Attest: ____________________________ (Corporate Secretary)

Subscribed and sworn to before me this ___________DAY OF__________, 20______.
                                           My Commission Expires:




X________________________________           _____________________________
  Notary Public Signature                         Notary Seal




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General Conditions                                                                  16



                         Respondent’s Information

                           Completion of this form is required

Respondent shall provide the names and qualifications of all key employees that would be
involved in performing this Contract. Identify key employees and their responsibilities. If
additional space is needed, feel free to use an additional sheet of paper.

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

Identify what services, if any, the Respondent will be coordinating through consultants or
subcontractors. Name the consulting/sub-contract firms and addresses. How long have you
been working with each consulting/sub-contractor firm? What experience do you have working
together on similar projects?

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________




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General Conditions                                                                   17



                     RFP Respondent’s Experience
                           Completion of this form is required


RELATED EXPERIENCE

Respondent shall provide a comprehensive list of projects where Respondent has provided
similar work as required by this contract. Bidder may attach additional pages, if necessary.

Year:_______ Project:__________________________________________________________

______________________________________________________________________________

Description:___________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

Owner’s Name: ________________________________________________________________

Address:______________________________________________________________________

Contact:_______________________________________________________________________

Telephone Numbers: _______________________________________________________ ____

______________________________________________________________________________

Email Address(es):_____________________________________________________________



Year:_______ Project:__________________________________________________________

______________________________________________________________________________

Description:___________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________



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General Conditions                                                           18


______________________________________________________________________________

Owner’s Name: ________________________________________________________________

Address:______________________________________________________________________

Contact:_______________________________________________________________________

Telephone Numbers: ___________________________________________________________

______________________________________________________________________________

Email Address(es):_______________________________________________________________



Year:_______ Project:__________________________________________________________

______________________________________________________________________________

Description:___________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

Owner’s Name: ________________________________________________________________

Address:______________________________________________________________________

Contact:_______________________________________________________________________

Telephone Numbers: ___________________________________________________________

______________________________________________________________________________

Email Address(es):___________________________________________________________




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General Conditions                                                                        19



                     General Conditions of the Contract

VII Contract Documents: The term “Contract Documents” shall include Bid Notice, Information
    for Bidders, General Conditions, Special Provisions, Specifications and Plans, Bid Proposals,
    and Contract Certifications.

       The Contract Documents are complimentary and cumulative and what is called for by
       any one shall be as binding as if called for by all.

VIII   Definition of Terms: Whenever the following terms in quotations appear in any of the
    Contract Documents they shall be interpreted as follows:

       a. “District” - The Forest Preserve District of Cook County

       a. “Contractor” - The person, firm or corporation who or which has entered into this
          contract;

       a. “General Superintendent” - The General Superintendent of the Forest Preserve
          District of Cook County, Illinois, or an authorized representative;

       a.   “Chief Financial Officer” - The Chief Financial Officer of the Forest Preserve
            District of Cook County, Illinois, or an authorized representative;

       a. “The Work” - The work to be performed under the contract, including all material,
          labor, tools and all appliances and appurtenances necessary to perform and
          complete everything indicated, specified or implied in the contract documents;

       a.    “Specifications” - All documents of any description made or to be made pertaining
            to the quantity, method or manner of performance of the work;

       a. “Written Order” - An order, in writing, signed by the District’s Director of Planning
          and Development and mailed to the Contractor at his official place of business.

       a. “Purchasing Agent” - The purchasing agent of the Forest Preserve of the District of
          Cook County or an authorized representative.

   IX Rights and Responsibilities of the District:

       a. Breach & Default Contract

            The contractor may be in breach of this contract for any one or more of the following
            reasons:

            i.   Failure to begin the work of this contract within the specified time.




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General Conditions                                                                        20


          ii. Failure to perform the work with sufficient workers and equipment or with
              materials to ensure the completion of said work within the specified time;

          iii. Performance of the work in an unsatisfactory manner.

          iv. Discontinuance of execution of work or impairing the reasonable progress of the
              work;

          v. Becoming insolvent, being declared bankrupt insolvency

          vi. Assignment of this contract for the benefit of creditors without the approval of
              the Purchasing Agent.

          vii. Any cause whatsoever which impairs the carrying on of the work in an
               acceptable manner.

          Upon breach of contract, the Purchasing Agent will give notice in writing to the
          contractor specifying the breach. The contractor thereafter shall have within Ten
          (10) calendar days to cure the breach should the contractor fail to cure this breach,
          the District shall take all appropriate action as provided by the contract, including
          the right to terminate this contract and the right to pursue all remedies by law or
          equity.

          All costs and charges incurred by this District including the costs of completing the
          work shall be deducted from any monies due or which may become due on the
          contract. In the event expenses incurred by the District are less than the sum which
          would have been payable under this contract, the contractor shall be entitled to
          receive the difference, subject to any claims or liens. In the event that expenses
          incurred by the District exceed the sum which would have been payable under this
          contract, the contractor and the surety shall be liable and shall pay to the county the
          amount of such excess.

      a. TERMINATION FOR CONVENIENCE

          The District may terminate this contract, or any portion, at any time by notice in
          writing from the District to the contractor; if the contract is terminated by the
          District, the contractor shall deliver to the District all finished or unfinished
          documents, data, studies and reports prepared by the contractor under this contact
          and these shall be and become the property of the District. Payment for the work
          performed before the effective data of such termination shall be based upon an
          estimate of the services/goods actually performed/supplied by the contractor to the
          date of termination. Such payment so made to the contractor shall be in full
          settlement for services rendered under the contract.

   6. Legal Relations and Responsibilities of the Contractor:



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General Conditions                                                                         21


      a. Laws and Regulations: The Contractor shall at all times observe and comply with all
         Federal, State and local laws, rules, ordinances and regulations which in any manner
         affect the conduct of the work. Assurance of compliance with this requirement by
         the contractors employees, agents or subcontractors shall be the responsibility of the
         contractor. The Contractor shall indemnify, save and hold harmless the District and
         all of its Commissioners, officers, agents and employees against any claim, liability,
         demand, loss, damage(s), injury (ies), action(s), charge(s), judgment(s), etc., arising
         from or based upon the violation of any such law, rule, ordinance or regulation,
         whether by him/her or their employees and whether at law or in equity.

      b. Contractor/Sub-contracting: In the event the Contractor sublets or subcontracts any
         portion of the work, the Contractor/Subcontractor must at all times and in all aspects
         comply with the terms of this Agreement.

      c. Non-Discrimination, Affirmative Action and Human Rights

          The contractor, is performing under this contract, shall not discriminate against any
          worker, employee or applicant, or any member of the public because or race, creed,
          gender, color, religion, age, marital status, sexual orientation, handicap, national
          origin, or status of discharge from military, nor shall a contractor otherwise commit
          an unfair employment practice.

          The contractor further agree that this paragraph will be incorporated in all contracts
          entered into with supplies of materials or services, contractors and subcontractors
          and all labor organizations furnishing skilled, unskilled and craft union skilled labor,
          or who may perform any such labor or services in connection with this contract.

   7. Indemnification and Insurance:

      a. Indemnity: The Contractor agrees to save, defend, hold harmless and indemnify
         District and each of its Commissioners, officers, director, agents, employees, invitees
         and others associated with it from and against any and all suits, claims, losses,
         damages and expenses (including attorneys fees) that are based upon, or that arise
         or are alleged to have arisen out of, any act or negligence of the Contractor or of any
         agents, servants or employees of the Contractor or any of its subcontractors.

   8. Complete Agreement

      The Contract Documents as defined in Paragraph 1 of the General Conditions shall
      serve as the complete agreement between the Parties, and there are no other
      agreements, representations, or understandings, oral or written, between the Parties.
      No alteration, modification or amendment to this Agreement shall be valid unless in
      writing, signed and approved by all authorized representatives or agents.




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General Conditions                                                                       22


   9. Notices

      Any notice required or permitted to be given pursuant to this Contract shall be in
      writing, and either personally delivered or sent by registered or certified mail return
      receipt requested and addressed as follows:

                                     to the District:

                                             Chief Financial Officer
                                             Forest Preserve District of Cook County
                                             69 West Washington
                                             Suite 2060
                                             Chicago, Illinois 60602

                                     with Copies to:

                                             Chief Attorney
                                             Forest Preserve District of Cook County
                                             69 West Washington
                                             Suite 2010
                                             Chicago, Illinois 60602

   10. Severability Clause

      If any provision of this Agreement shall be held to be invalid, unenforceable or void
      by a court of competent jurisdiction, the remainder of this Agreement and such
      provisions shall remain in full force and effect.

   11. Governing Law

      This Contract is an Illinois contract and shall be governed by, enforced and
      construed in accordance with the laws of the State of Illinois without regard to
      principles of choice of law. Venue shall be proper only in a court of competent
      jurisdiction located within the County of Cook, Illinois.

   12. Representations and Warranties

      Contractor represents and warrants that: (1) Contractor possesses and will keep in
      force all required licenses and permits necessary to perform the services described
      herein; and (2) the subcontractors/sub consultants and employees/personnel of
      Contractor performing any services in relation to this Agreement are fully qualified,
      licensed as required, and skilled to perform said services.




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General Conditions                                                                           23


   13. Parties In Interest/No Third party Beneficiaries

      The terms and provisions of this Contract shall not run to the benefit of, or be
      enforceable by, any person or entity other than the Contractor and the District. This
      Contract should not be deemed to confer upon third parties any benefit, remedy,
      right of reimbursement, entitlement, remedy or any other right. Nothing contained
      in this Contract shall be deemed or construed by the Contractor and any other
      person or entity to create any relationship of any kind, including, but not limited to,
      third party beneficiary, principal, agent, limited liability or general partnership, joint
      venture, employer/employee, etc. The Contractor is an independent contractor with
      respect to the District.

   14. Costs and Fees Incurred

      The Contractor agrees to pay all reasonable costs, attorneys’ fees and expenses
      incurred by the District as a result of enforcing the covenants, terms and/or
      conditions of this Contract.

   15. Titles and Headings

      Titles and headings to articles, sections or paragraphs herein are inserted for the
      convenience of reference only and are not intended to be part of or to affect the
      meaning or interpretation of this Contract.

   16. Construction of Words

      The use of the singular form of any word herein includes plural, and vice versa.
      Masculine, feminine and neuter pronouns are fully interchangeable, where the
      context so requires. The words “herein,” “hereof,” “hereunder,” “hereto” and other
      words of similar import refer to this Agreement as a whole and not to any particular
      Article, Section or other subdivision. The term “include” (in all of its forms) means
      “include, without limitation” unless the context clearly states otherwise. The word
      “shall” means “has a duty to.”

   17. Assignment

      This Contract is not assignable in any way or for any reason whatsoever without the
      express written approval of the Purchasing Agent.

   18. Taxes

      Materials purchased by the District are not subject to the Federal Excise Tax by
      virtue of Exemption Certificate No. A-320 893. The Illinois Retailers' Occupation
      Tax, Illinois Use Tax, Illinois Service Occupation Tax and Municipal and/or District
      Sales Taxes do not apply to materials or services purchased by the District by virtue
      of statute. The District's State of Illinois Sales Tax Exemption Identification No. is E-


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RFP Response & Execution Pages                                                       24


      9997-8636-01. The price or prices herein provided shall include any and all taxes
      which may apply or be assessed on this transaction, including use taxes. The
      Contractor shall indemnify the District from and against any assessment of such
      taxes or penalties which may, at any time, be imposed upon the District resulting
      from the purchase of any materials or services made pursuant to this Contract. The
      indemnity herein provided for shall survive this Contract.




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                         Certificate of Qualification
                           Completion of this form is required

The following certifications are made pursuant to state law and District ordinances. Vendor
is cautioned to carefully read these certifications prior to execution of this contract.
Execution of the contract shall constitute affirmation of these certifications and shall also
constitute a warranty by vendor that all the statements set forth within these certifications
are true and correct statements of the vendor. Vendor is hereby notified that failure to
execute these certifications shall result in disqualification from eligibility for the award of
this contact. Vendor is further notified that in the event the District learns that any of the
following certifications were falsely made, the contract shall be subject to termination.

In an Ordinance approved by the Forest Preserve District of Cook County Board of
Commissioners on May 29, 1980, it is recited that: No person or business entity shall be
awarded a contract or sub-contract, for a period of five (5) years from the date of conviction
or entry of a plea of nolo contendere or admission of guilt, if that person or business entity:

   A. has been convicted of an act committed, within the State of Illinois, of bribery or
      attempting to bribe an officer or employee of a unit of state or local government or
      school district in the State of Illinois in that Officer’s or employee’s official capacity;
      or

   B. has been convicted of an act committed, within the State of Illinois, of bid-rigging or
      attempting to rig bids as defined in the Sherman Anti-Trust Act and Clayton Act. 15
      U.S.C. § 1 et seq.; or

   C. has been convicted of bid-rigging or attempting to rig under the laws of the State of
      Illinois; or

   D. has been convicted of an act committed, within the State of Illinois, of price-fixing or
      attempting to fix prices as defined by the Sherman Anti-Trust Act and Clayton Act.
      15 U.S.C. § 1 et seq.; or

   E. has been convicted of defrauding or attempting to fix prices under the laws of the
      State of Illinois; or

   F. has been convicted of defrauding or attempting to defraud any unit of state or local
      government or school district within the State of Illinois; or

   G. has made an admission of guilt of such conduct as set forth in subsection (A)
      through (F) above which admission is a matter of record, whether or not such person
      or business entity was subject to prosecution for the offense or offenses admitted to;
      or



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RFP Response & Execution Pages                                                              26


   H. has entered a plea of nolo contendere to charges of bribery, price fixing, bid-rigging or
      fraud, as set forth in sub paragraphs (A) through (F) above.

I, _____________________________________ of ___________________________________,
               (TITLE)                                                (BIDDER)
having been duly sworn to state the truth, do hereby affirm that the following is true and
correct to the best of my knowledge:


   1) _______________________________________________                 ___________________
                          (BIDDER)                                    (HAS/HAS NOT)
       been convicted, or entered a plea of nolo contendere, or made an admission of guilt to
       any act described in the identified Ordinance and other pertinent Resolutions of the
       Forest Preserve District of Cook County;

   2) The owner, partner or shareholder who controls, directly or indirectly, Twenty
      Percent (20%) or more of the business or offices of the business entity
      _______________________ [HAS / HAS NOT] been convicted or entered a plea of
      nolo contendere or made an admission of guilt to any act described in the identified
      Ordinance.

   3) ________________________________________________                ___________________
                          (BIDDER)                                    (DOES/DOES NOT)
       employ an officer, any individual who was an officer of another business entity at
       the time the latter business entity committed a disqualifying act described in the
       identified Ordinance.

   4) ________________________________________________                ___________________
                          (BIDDER)                                    (DOES/DOES NOT)
       have an owner who controls, directly, Twenty Percent (20%) or more of the business
       who was an owner who, directly or indirectly, controlled Twenty Percent (20%) of
       another business entity at the time the latter committed a disqualifying act described
       in the identified Ordinance.

I affirm to the best of my knowledge that on ____________________________________ a
                                                                      (DATE)
court entered judgment on the conviction of _______________________________________
                                                              (BIDDER)
and/or the _______________________________________________________________ that
                              (PREVIOUS BUSINESS ENTITY)
employed______________________________________________________________who is a
                              (NAME OF OFFICER/OWNER)
___________________________________ of the bidder.
       (OFFICER/OWNER)


                              ____________________________________________


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                             (SIGNATURE)
                             (ALL BIDDERS MUST SIGN AND HAVE NOTARIZED)

Subscribed and sworn to before me this __________ day of ____________________ , 20_____.



_______________________________________________
NOTARY SEAL & SIGNATURE




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                          Tax and Fee Delinquency
                           Completion of this form is required



In an Ordinance approved by the Forest Preserve District of Cook County Board of
Commissioners on March 3, 1993, it is provided that:



1.      DISQUALIFICATION FOR TAX AND FEE DELIQUENCY

No person or business entity shall be awarded a contract or subcontract for goods or
services with the District if such person or business entity is delinquent in the payment of
any tax levied by or fee charged by the District. No person or business entity will be
prohibited from entering into a contract or subcontract with the District pursuant to the
foregoing sentence if such individual or entity is contesting, in accordance with the
appropriate procedures, its liability for the tax or fee or the amount of the tax or fee, and if
such person or business entity shows proof of the contest to the District.



2.      STATEMENT UNDER OATH

Before awarding a contract or subcontract for goods or services, the District shall obtain a
statement under oath from the person or business entity that none of the taxes or fees
contested, or other taxes or fees, are delinquent.



3.      FALSE STATEMENTS

The effect of any person or entity making a false statement under oath shall be to entitle the
District to set off a portion of the contract sum equal to the amount of the tax or fee
delinquency. In addition, a twenty-five percent penalty on the amount of the tax or fee
delinquency shall be imposed. Making a false statement under oath regarding delinquency
shall be a misdemeanor, punishable by a fine of $100.00.



4.      DELIQUINCY DURING PENDENCY OF CONTRACT

If during the existence of any contract or subcontract for goods or services between the
District and any person or business entity such person or business shall become delinquent
for non-payment of taxes levied by or fees charged by the District, the District shall be
entitled to set off a portion of the contract sum equal to the amount of the tax and fee




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RFP Response & Execution Pages                                                                29


delinquency, and impose a twenty-five percent penalty on the amount of the delinquent tax
or fee.



5.      APPLICABILITY

This Section 1-8-2.D. applies to all contracts and subcontracts for goods and services,
including; personal services contracts, contracts which are awarded on the basis of a
bidding process; contracts which are not awarded on the basis of a bidding process;
contracts which originate under the authority of the Purchasing Agent of the District; and
contracts originate from any other office or department of the District. For purposes of the
Section 1-8-2. D., "taxes levied and fees imposed" by the District shall mean any and all taxes
or fees which are levied, imposed or collected by or on behalf of the District, its officials, or
departments, including but not limited to taxes levied on real estate, and fees and charges
imposed by ordinance or by law which are payable to the District, or an office or
department of the District, for any permit, license, service or any other purpose.

Taxes and fees shall be construed to include any and all interest and penalties authorized or
imposed by law or by ordinance for a late payment or non-payment of taxes or fees. Taxes
or fees shall be considered delinquent if a claim, notice or demand for payment has been
made for such taxes or fees by or on behalf of the District, the County of Cook, the State of
Illinois, the United States of America, or any of their officers or agencies, boards,
commissions, or departments without timely payment, except in those cases where
authorized procedures for protesting or contesting such taxes or fees have been timely and
properly initiated and where such protest or contest remains pending.

I, _______________________________________________, the__________________________
                        (NAME)                                                   (TITLE)
of ___________________________________________, having been duly sworn to state the
                        (BIDDER)
truth, do hereby affirm that the following is true and correct to the best of my knowledge:

     1. ___________________________________________ , is/are not an owner(s) of real
                        (BIDDER)
        property in Cook County, or a party responsible for the payment of any tax or fee
        owed to the Forest Preserve District of Cook County, for which such tax or fee is
        delinquent; OR

     2. The following is a complete list of real estate owned by ______________________
                                                                      (BIDDER)
        in Cook County (list Permanent Index Numbers):

        ________________________________________________________________________




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       ________________________________________________________________________

       ________________________________________________________________________




______________________________________            ________________________________
              (Signature)                                       (Office/Title)



Subscribed to before me this _______________ day of ______________, 20____.

_____________________________________________
NOTARY SEAL & SIGNATURE




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RFP Response & Execution Pages                                                               31


                          MBE / WBE Utilization Plan
                        COMPLETION OF THIS FORM IS OPTIONAL

Be advised that it is the administrative goal of the Forest Preserve District of Cook County to
achieve 25% Minority Business participation and 5% Women Business Participation in all
contracts and purchases. This is an administrative goal, not a requirement.

Bidder/Proposer hereby states that all MBE/WBE firms included in this Proposal are
certified MBEs/WBEs or have a complete application for MBE/WBE certification on file with
the Cook County Office of Contract Compliance. In the event the MBE/WBE has an
application for certification pending, the Bidder/Proposer MUST demonstrate to the District
that the MBE/WBE has been properly certified upon request.



      I.   BIDDER’S/PROPOSER’S MBE/WBE STATUS:
           (check the appropriate line)

      ______A. Bidder/Proposer is a Cook County certified MBE or WBE firm. (If so, attach
               copy of appropriate Letter of Certification.) (skip sections II and III).

      ______B. Bidder/Proposer is a Joint Venture and one or more Joint Venture partners are
               Cook County certified MBEs or WBEs . (If so, attach copies of Letters of
               Certification, a copy of Joint Venture Agreement clearly describing the role of
               MBE / WBE firm(s) and its ownership interest in the Joint Venture and a
               completed Joint Venture Affidavit. (skip sections II and III).

      ______C. Bidder/Proposer is not a certified MBE or WBE firm, nor a Joint Venture with
               MBE/WBE partners, but will utilize MBE and WBE firms either directly or
               indirectly in the work of the Contract. (If so, complete Sections II and III).

      ______D. None (skip sections II and III).



II.        DIRECT PARTICIPATION OF MBE/WBE FIRMS

The Bidder/Proposer proposes that             the   following   MBEs/WBEs      shall   act   as
subcontractors/suppliers/consultants:

Name: _______________________________________________________________________

Address: _____________________________________________________________________

_____________________________________________________________________________



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______________________________________________________________________________

______________________________________________________________________________

Contact Person: ________________________________________________________________
                                   (NAME and TITLE)
Telephone Numbers: (____) ________________________________

                     (____) ________________________________

Dollar Amount Participation: $_______________________________

Percent Amount of Participation: ___________________________________



Name: _______________________________________________________________________

Address: ______________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

Contact Person: _______________________________________________________________
                                   (NAME and TITLE)
Telephone Numbers: (____) ________________________________

                     (____) ________________________________

Dollar Amount Participation: $_______________________________

Percent Amount of Participation: ___________________________________



III.   INDIRECT PARTICIPATION

The Bidder/Proposer proposes that the following MBEs/WBEs act as
subcontractors/suppliers/consultants to perform work or supply goods or services where
such performance does not directly relate to the Work of this Contract.

Name: _______________________________________________________________________

Address: _____________________________________________________________________




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______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

Contact Person: ________________________________________________________________
                                  (NAME and TITLE)
Telephone Numbers: (____) ________________________________

                    (____) ________________________________

Dollar Amount Participation: $_______________________________

Percent Amount of Participation: ___________________________________



Name: _______________________________________________________________________

Address: ______________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

Contact Person: ________________________________________________________________
                                  (NAME and TITLE)
Telephone Numbers: (____) ________________________________

                    (____) ________________________________

Dollar Amount Participation: $_______________________________

Percent Amount of Participation: ___________________________________




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                      Affidavit of Child Support Obligations
                              COMPLETION OF THIS FORM IS REQUIRED

Effective September 5,2007, every applicant for a Forest Preserve District of Cook County Privilege shall be in full compliance
with any Child Support Order before such applicant is entitled to receive or renew a FPDCC Privilege. When Delinquent Child
Support exists, the FPDCC shall not issue or renew any FPDCC Privilege, and may revoke any FPDCC Privilege.

“Applicant” means any person or business entity, including all Substantial Owners, seeking issuance of a FPDCC Privilege or
renewal of an existing FPDCC Privilege from the Forest Preserve. This term shall not include any political subdivision of the
federal or state government, including units of local government, and not-for-profit organizations.

“FPDCC Privilege” means any business license, including but not limited to liquor dealers’ licenses, packaged goods licenses,
tavern licenses, restaurant licenses, and gun licenses; real property licenses or lease; permit, including but not limited to
building permits, zoning permits or approvals; environmental certificate; and contracts exceeding the value of $25,000.

“Substantial Owner” means any person or persons who own or hold a twenty-five percent (25%) or more percentage of interest
in any business entity seeking a FPDCC Privilege, including those shareholders, general or limited partners, beneficiaries and
principals; except where a business entity is an individual or sole proprietorship, Substantial Owner means that individual or
sole proprietor.

All Applicants/Substantial Owners are required to complete this affidavit and comply with the Child Support Enforcement
Ordinance before any privilege is granted. Signature of this form constitutes a certification that the information provided below
is correct and complete, and that the individual(s) signing this form has/have personal knowledge of such information.

Privilege Information

FPDCC: _________________________________________                District’s Department: _________________________________

Applicant Information

Last Name: _________________________________________            First Name: ______________________________            MI: _____

SS# (last four digits): ___ ___ ___ ___                         Date of Birth:____________________

Street Address: ________________________________________________________________________

City:________________________________________________           State:_____________ Zip:__________________________

Home Phone #: (           )           -                         Driver’s License #: ____________________________________

Child Support Obligation Information

The undersigned applicant, being duly sworn on oath or affirmation hereby states that, to the best of my knowledge: (place an
“X” next to “A”, “B”, “C”, or “D”)

     _______ A.     The applicant has no judicially or administratively ordered child support obligations.

     _______ B.     The applicant has an outstanding judicially or administratively ordered obligation, but is paying in
                    accordance with the terms of the order.

     _______ C.     The applicant is delinquent in paying judicially or administratively ordered child support obligations.

     _______ D.     The applicant is not a substantial owner as defined above.

The undersigned applicant understands that failure to disclose any judicially or administratively ordered child support debt
owed will be grounds for revoking the privilege.

          Signature: ________________________________________________                Date: ____________________________

Subscribed and sworn to before me this _________ day of __________________________, 20_______

Notary Public _______________________________________________




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                               Contract Agreement
                      COMPLETION OF THIS FORM IS REQUIRED

The undersigned acknowledges receipt of contract documents and addenda as indicated
within the contract documents.

The undersigned makes the foregoing bid in the total amount of:

$_______________________        _____________________________________________
        (FIGURES)                                       (WORDS)
subject to all of the terms and conditions of the contract documents. The undersigned
certifies that all of the foregoing statements of the vendor certifications are true and correct.

The undersigned acknowledges that if awarded this contract they will not commence work
until they are in receipt of: (a) the purchase order issued by the District and (b) formal
written notification to proceed from the District.

This contract agreement made and entered into this _______ day of ______________,200__
by and between the Forest Preserve District of Cook County, an Illinois Special District,
(hereinafter referred to as “the District”) and

____________________________________________________________________, located at

_____________________________________________              in   ________________________
(hereinafter referred to “the Contractor”). The District and the Contractor at times being
collectively referred to as “the Parties”. The Contractor covenants and agrees to furnish all
labor, materials, equipment and service of every kind, and to do and perform each and
every act and thing necessary or proper for:



The Annual Audit of the Forest Preserve District of Cook County




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In accordance with all Contract Documents hereto attached and to fully complete said work
in accordance with the true intent and meaning of the Contract Documents without any
further, other or different expense of any nature whatsoever to the District as herein
elsewhere more particularly described.

All bidders signatures are required upon bid submittal.



The Forest Preserve District                       Contractor:
Of Cook County, Illinois


__________________________________ ________________________________
Chief Financial Officer            PRESIDENT OR OWNER

                                            ________________________________
                                                  Title

__________________________________
General Superintendent

_________________________________
President

Attest: _____________________________ Attest: _______________________
                Secretary                             Secretary
        (Affix Corporate Seal here)           (Affix Corporate Seal here)




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