MUNDELEIN ELEMENTARY SCHOOL DISTRICT 75 BID PACKAGE FOR CHILLER REPLACEMENT AT LINCOLN SCHOOL 200 W. MAPLE AVE. MUNDELEIN, IL 60060 Issued for Bid: June 30, 2017
NOTICE OF INVITATION TO BID RE: MUNDELEIN ELEMENTARY SCHOOL DISTRICT 75 CHILLER REPLACMENT AT LINCOLN SCHOOL 200 W. MAPLE AVE. MUNDELEIN, IL 60060 The Board of Education of Mundelein Elementary School District No. 75 (the District ) is accepting sealed bids for Chiller Replacement at Lincoln School. Bid packages are available for pickup from the District s office, located at 470 N. Lake Street, Mundelein, Illinois 60060. Sealed bids must be submitted on or before Monday, July 17, 2017 at 10:00 a.m. to the District s office. Bids will be publicly opened at that time at 470 N. Lake Street, Mundelein, Illinois 60060. The scope of work shall include, but not be limited to: replacement of an existing chiller. No Pre-Bid Meeting will be scheduled for this project. Bidders wishing to visit the project site, or with any questions about the bid process may contact the District s Superintendent of Schools, Dr. Andy Henrikson, at email address ahenrikson@d75.org or at fax number (847) 949-2727 2
INSTRUCTIONS TO BIDDERS Bids shall be made in accordance with the instructions following. 1. Contact Information. Questions about this bid package must be written and directed to the District s Superintendent of Schools, Dr. Andy Henrikson, at email address ahenrikson@d75.org or at fax number (847) 949-2727. The District will endeavor to respond to all such questions, and will circulate all responses to all interested bidders who have provided the District with contact information. Any modifications to this bid package shall be made by addendum only. 2. Notification of Addenda. The District will notify all potential bidders who have provided contact information in the event of any addenda issued. 3. Tax Exempt. The District is tax-exempt. Bidder shall prepare its bid accordingly. 4. Bid Preparation. All bidders shall complete all forms provided in this bid package. All forms shall be free from interlineations and erasures. Failure to properly complete and return all forms may subject the bid to rejection. Each bid submittal with all completed forms shall be sealed in an opaque envelope and labeled SEALED BID FOR CHILLER REPLACEMENT AT LINCOLN SCHOOL DO NOT OPEN PRIOR TO BID DATE. Each bid submittal shall be labeled with the name and address of the Bidder and shall be addressed to Dr. Andy Henrikson, Superintendent of Schools, Mundelein Elementary School District 75, 470 N. Lake Street, Mundelein, Illinois 60060. 5. Non-Conforming Bids. Any bid submittal that contains or purports to contain qualifications, terms, conditions, or provisions in addition to or in conflict with this bid package shall not be considered part of the contract. 6. Bid Submittal. All bids shall be submitted to Dr. Andy Henrikson, Superintendent of Schools, Mundelein Elementary School District 75, 470 N. Lake Street, Mundelein, Illinois 60060. The deadline for submitting bids is Monday, July 17, 2017 at 10:00 a.m. 7. Bidder s Representation. BY SUBMITTING A BID, THE BIDDER REPRESENTS TO THE DISTRICT THAT IT HAS CAFEFULLY REVIEWED THIS BID PACKAGE, INCLUDING THE SPECIFICATIONS, WHICH ARE INCORPORATED HERE BY REFERENCE AND ATTACHED AS EXHIBIT A, AND IS NOT AWARE OF ANY VAGUE, AMBIGUOUS OR INCONSISTENT TERMS CONTAINED THEREIN. 8. Withdrawal of Bids. Any bid may be withdrawn and/or resubmitted prior to the time of bid opening. 9. Bid Opening. On Monday, July 17, 2017 at 10:00 a.m., all bids will be opened and read aloud by an employee of the District. The bid opening will occur at the 470 N. Lake Street, Mundelein, Illinois 60060. 10. Firm Bids. All bids submitted to the District shall be firm and irrevocable for a period of ninety (90) days after the date of bid opening. At any time within this period, the 3
District may award the contract to the lowest responsive and responsible bidder. 11. Acceptance or Rejection of Bids. The District reserves the right to waive any non-material variances or irregularities in the bid process, to award the contract to the lowest responsive and responsible bidder, and/or to reject all bids. 12. Award of Contract. The District will review all bids and, unless all bids are rejected, award the contract to the lowest responsive and responsible bidder. The lowest bid will be determined based upon the base bid and/or a combination of any alternate bids, if applicable. Responsiveness will be determined based upon compliance with these Instructions to Bidders. Responsibility will be determined by the District based upon the information provided by each bidder with its bid submittal. The District may award all or a part of the contract based upon any combination of the base bid and/or alternates. Upon such award, the successful bidder shall be known as the Contractor, and shall be bound to perform construction services in accordance with this bid package, including without limitation the Instructions to Bidders, Conditions of Contract, Specifications, and Addenda, if any. END OF INSTRUCTIONS TO BIDDERS. 4
CONDITIONS OF CONTRACT 1. Scope of Services. Contractor shall provide the construction services described in the Specifications, which are incorporated herein and attached to this document as Exhibit A, to the District in accordance with the terms and conditions contained in these Conditions of Contract. 2. Performance and Payment Bond. Upon award of the contract, the Contractor shall furnish to the District a performance and payment bond in the amount of one hundred percent (100%) of the contract price, as provided in the bid submittal. The surety company that executes the bond shall be rated A / X or better by A.M. Best Rating Services. The performance and payment bond shall reference the contract and be conditioned upon the Contractor s timely and faithful performance of the contract. The bond premium shall be included in the Contractor s bid price and is not separately chargeable to the District. 3. Prevailing Wages. The Contractor and each Subcontractor shall pay the general prevailing rate of wages in Lake County for laborers, mechanics and other workers as determined by the Department of Labor of the State of Illinois, and shall otherwise fully comply with all requirements of the Prevailing Wage Act, 820 ILCS 130/0.01, et seq. Contractor s invoices shall be accompanied by Contractor s certified payrolls as required by the section 5 of the Act. 4. Compliance with Laws. To the extent any provision of law conflicts with any provision of this contract, Contractor shall comply with the more stringent provision to the full extent allowed by law. Specifically and without limitation, Contractor shall comply with the following laws, to the extent they apply to the performance of this contract: a. The Human Rights Act, 775 ILCS 5/2-101 et seq. b. Section 33E-3 and E-4 of the Illinois Criminal Code regarding bid-rigging and bid rotating. c. The Drug Free Workplace Act, 30 ILCS 580/1, et seq. 5. No Third Party Beneficiaries. This contract is not intended to vest any rights in any third party. 6. Waiver. The District s waiver of any breach or default under any provision of this contract shall not be deemed to constitute a waiver of such provision for any subsequent breach or default of the same or any other provision. The disbursement or acceptance of any payment by the District shall not be deemed to constitute a waiver of any prior occurring breach or default by Contractor of any provision of the contract regardless of the knowledge of the District of such breach or default at the time of its disbursement or acceptance of such payment. 5
7. Indemnity. To the fullest extent permitted by law, the Contractor shall waive any right of contribution and shall indemnify, defend and hold harmless the District, its Board of Education, individual board members, administrators, employees, agents and representatives from and against all losses, liabilities, injuries, damages and expenses, including reasonable attorneys fees and court costs, to the extent arising from Contractor s performance and/or breach of this contract, or from any negligent act or omission of or attributable to the Contractor or Subcontractor. Contractor s indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Contractor or Subcontractor under workers or workmen s compensation acts, disability benefit acts or other employee benefit acts. 8. Defenses and Immunities. No term or condition of this contract is intended to or shall be deemed to waive any common law or statutory immunity or defense available to the District, and the District expressly reserves all applicable immunities and defenses. 9. Insurance. Contractor shall procure and maintain through an insurance company or companies licensed to conduct business in Illinois insurance with coverage and limits as specified below, and shall cause the District to be named as an additional insured on these policies by endorsement. All such insurers shall carry an A.M. Best Rating of A / XV. The commercial general and automobile liability policies shall be endorsed to reflect that coverage is primary and noncontributory with any other insurance available to the District. The commercial general liability policy shall by endorsement provide contractual liability coverage including the indemnity obligations provided in this contract. Each such policy shall include by endorsement a requirement of at least thirty (30) days written notice to the District prior to any termination, cancellation or material amendment to that policy. Upon award of this contract, and promptly upon the renewal of such policies during the term of this contract, Contractor shall furnish certificate(s) of insurance, policies, and endorsements to the District reflecting the coverages required. The type and limits of insurance required are as follows: Type Limits Comprehensive General Liability Per Occurrence: $1,000,000 Aggregate: $2,000,000 Automobile Liability $1,000,000 combined single limit Umbrella / Excess: $2,000,000 6
Workers Compensation: $500,000 10. Payment. Contractor shall furnish detailed monthly invoices to the District in a form acceptable to the District not later than the 1st day of a month, and the Owner shall pay the invoice not later than the 15th day of the following month. Contractor s invoices shall be accompanied by the Contractor s certified payrolls as required by the Illinois Prevailing Wage Act, 820 ILCS 130/5.The District may at any time direct Contractor to change the formatting of its invoices or to add more details as required by the District. 11. Interest. Payments due and unpaid under the Contract Documents shall bear interest only in accordance with the Local Government Prompt Payment Act, 50 ILCS 505/1, et seq. 12. Warranty. The Contractor warrants to the Owner that materials and equipment furnished under the contract will be of good quality and new unless otherwise permitted. The Contractor further warrants that the Work shall strictly conform to the requirements of the Contract Documents and shall be free from defects. This warranty shall be in addition to and not in limitation of any other warranty required by law or the Contract Documents. 13. Owner s Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the work in accordance with the Contract Documents, and fails within a five-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such a case, the payments then or thereafter due the Contractor will be reduced by the Owner s expenses of carrying out the work. If the Owner s expenses of carrying out the work exceed the payments then or thereafter due the Contractor, the Contractor shall pay the difference to the Owner within thirty (30) days after a request by the Owner. 14. Termination. The District may terminate this contract at any time, for any reason in the District s sole discretion, upon seven (7) days written notice to Contractor. If Contractor breaches any provision of this contract, the District may give Contractor written notice of such breach and if Contractor fails to cure within twenty-four (24) hours after receipt of notice, the District may terminate this contract immediately upon written notice to Contractor. 15. Choice of Law. This contract shall be governed by, subject to, and construed in accordance with the laws of the State of Illinois without regard to conflict of law principles. The venue for any dispute arising out of this contract shall be in a court of competent jurisdiction in Lake County, Illinois. 16. Prevailing Party. In the event of any litigation, arbitration, or binding 7
dispute resolution arising from this contract, Contractor shall pay the District s reasonable attorneys fees and court costs to the extent the District is determined to be the prevailing party. 17. Notices. Any notices required or permitted to be sent by this contract may be sent by hand delivery, facsimile, or U.S. mail. If by facsimile, receipt will be deemed to have occurred upon confirmation that the facsimile was sent. If by U.S. mail, receipt will be deemed to have occurred when the notice is deposited in the U.S. mail, properly addressed and with postage prepaid. Notice may be sent as follows: If to the District: Superintendent of Schools Mundelein Elementary School District No. 75 470 N. Lake Street Mundelein, Illinois 60060 Fax: (847) 949-2727 ahenrikson@d75.org If to Contractor: to the addressee and address listed in Contractor s bid submittal. 18. Integration. This contract includes the Instructions to Bidders, these Conditions of Contract, and the Specifications attached to this bid package as Exhibit A; together with Contractor s Bid Submittal, these documents are collectively known as the Contract Documents. The Contract Documents constitute the entire agreement between the District and Contractor with respect to their subject matter and supersede any prior oral or written agreement between the parties. This contract may not be cancelled or amended orally, but only by the written agreement of both parties. 19. Execution of Contract. Upon the District s notice of award of this contract to the Contractor, Contractor s bid shall be deemed accepted and a binding contract shall be formed. END OF CONDITIONS OF CONTRACT. 8
BID FORM RE: MUNDELEIN ELEMENTARY SCHOOL DISTRICT 75 CHILLER REPLACMENT AT LINCOLN SCHOOL 200 W. MAPLE AVE. MUNDELEIN, IL 60060 BIDDER: (Company) (Address) (City, State, Zip Code) (Telephone) (Fax) (Email) The Bidder hereby submits the following bid in response to Mundelein Elementary School District No. 75 s Chiller Replacement at Lincoln School Bid Package. Bidder acknowledges receipt of, and that the foregoing Base Bid is based upon, the Instructions to Bidders, Conditions of Contract, Specifications, and Addenda (the Contract Documents ). BASE BID WORK: The Bidder Agrees To Perform All Base Bid Work, For The Lump Sum Bid Of: BONDS: Dollars (Write Out Sum in Full) Numerical Value = $ Within seven (7) calendar days of receipt of Owner s notice of award of the contract, Bidder agrees to deliver the bonds as specified in the Contract Documents. 9
SUBCONTRACTOR LISTING: Bidder shall list subcontracting companies proposed to use to complete this work: SUBCONTRACTOR/SUPPLIER NAME TRADE 1 2 3 4 CONTRACTOR REFERENCES INFORMATION: To receive full consideration, Bidder must submit along with the completed Bid Form a list of projects of similar scope of work. Each project listed must include the following minimum information: 1. Project Name and Address. 2. Owner's Name and Address. 3. Brief Description of the Scope of Work. 4. Dollar Value of the Contract for Construction. 5. Month and Year that the Contract for Construction was let. 6. Project Reference contact name, company, phone number, and relationship to project. UNDERSTANDING: Bidder in submitting this bid agrees to the following: 1. Not to withdraw their proposal for a period of ninety (90) days after the date of the bid opening; 2. To enter into and execute the contract, if same is awarded to them on the basis of this bid, within five (5) days of a written notice of award. 3. To construct the work in accordance with the intent of the Contract Documents. 4. That the owner reserves the right to reject any and all bids and to waive irregularities in the bidding, and to award the contract in its best interest. 10
5. That any alterations to this Bid Form will result in disqualification of the Bidder. In addition to Bidder s Certification included in this Bid Form, Bidder further certifies that: 1. He or she is the duly authorized agent of Bidder; that Bidder has given him / her actual authority to submit this base bid and alternate bids; that he / she is expressly authorized by Bidder to execute these certifications on Bidder s behalf; and that the District may rely upon all certifications submitted. 2. Bidder has reviewed and fully understands the scope of the contract, has completely reviewed the Contract Documents, and is aware of all applicable laws and their requirements. 3. Bidder is the following type of business entity, in good standing with the State of Illinois:. Bidder is duly authorized by the State of Illinois to conduct business in Illinois. 4. All figures and responses submitted on this Bid Form are true, complete, and accurate. All documents attached to and submitted with this Bid Form are true, complete, and authentic Bidder: Subscribed and sworn on: Date: By: Notary Public By: Its: Date: Bidder s Address: Bidder s Fax: 11
BIDDER S CERTIFICATIONS ELIGIBILITY TO BID The undersigned hereby certifies that Bidder is not barred from bidding on this Contract as a result of a violation of either the bid-rigging or bid-rotating provisions of Article 33E of the Criminal Code of 1961, as amended. Name of Bidder (Please Print) Submitted by (Signature) NON-COLLUSION AFFIDAVIT The undersigned certifies that he or she has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him or her, entered into any combination, collusion, or agreement with any person relative to the price to be bid by anyone at such letting, nor to prevent any person from bidding, nor to induce anyone to refrain from bidding, and this bid is made without reference to any other bid and without any agreement, understanding, or combination with any other person in reference to such bidding. This individual further certifies that no person, firm, or corporation has, or will receive directly or indirectly, any rebate, fee, gift, commission, or thing of value based upon awarding of the contract. Name of Bidder (Please Print) Submitted by (Signature) EQUAL OPPORTUNITY The undersigned hereby certifies that Bidder is in compliance with the Equal Employment Opportunity Clause and the Illinois Fair Employment Practices Act. Name of Bidder (Please Print) Submitted by (Signature) SEXUAL HARRASSMENT POLICY The undersigned hereby certifies that Bidder has complied and will comply with the requirement of section 2-105 of the Illinois Human Rights Act (775 ILCS 5/2-105) with respect to sexual harassment policies. The terms of that law, as applicable, are hereby incorporated into the contract. Name of Bidder (Please Print) Submitted by (Signature) 12
NO SMOKING The undersigned hereby certifies that Bidder agrees that it and its employees will abide by the District s no smoking policy at all times during performance of the contract. Name of Bidder (Please Print) Submitted by (Signature) DRUG FREE WORKPLACE Bidder, if having twenty-five employees or more, does hereby certify that pursuant to section 3 of the Illinois Drug-Free Workplace Act (30 ILCS 580/3), it shall provide a drug-free workplace for all employees engaged in the performance of services under the contract by complying with the requirements of the Illinois Drug-Free Workplace Act, and further certifies that it is not ineligible for award of this contract by reason of debarment for a violation of the Illinois Drug- Free Workplace Act. Name of Bidder (Please Print) Submitted by (Signature) END OF BID FORM. 13
FORM CONTRACT CONTRACT FOR CONSTRUCTION SERVICES THIS CONTRACT is made this day of, 2017, by and between, having a principal place of business at, ( Contractor ), and Mundelein Elementary District No. 75, Lake County, Illinois (the District ), as follows: Scope of Services. The District retains Contractor to provide construction services, as more fully described in the Contract Documents and in accordance with Contractor s Bid Submittal, and Contractor agrees to provide the services specified in the Contract Documents and in accordance with Contractor s Bid Submittal. For the purposes of this Contract, the Contract Documents include the Instructions to Bidders, the Conditions of Contract, and the Specifications attached to this Contract as Exhibit A, all of which are incorporated herein by reference and together with this Contract constitute the entire Contract between the District and the Contractor. When the term Contract is used in this document, it shall include this document and the Contract Documents. Insurance. Upon signing this Contract, the Contractor shall provide the District with original signed certificates of insurance, policies, and endorsements showing that the coverage required in the Contract Documents is in effect. Applicable Laws. The Contract shall be governed and construed in accordance with the laws of the State of Illinois. If any provision hereof shall be held to contravene any applicable law, such provision shall be deemed reformed to the extent of conforming to said law, and in all other respects the terms hereof shall remain in full force and effect. Failure of the Contractor to be in compliance with this Section shall be cause for the District to immediately terminate the Contract. 14
Notice. Any notice or communication permitted or required under this Contract shall be in writing and may be sent by hand delivery, facsimile, or U.S. mail. If by facsimile, receipt will be deemed to have occurred upon confirmation that the facsimile was sent. If by U.S. mail, receipt will be deemed to have occurred when the notice is deposited in the U.S. mail, properly addressed and with postage prepaid, as follows: If to the District: Superintendent of Schools Mundelein Elementary District No. 75 470 N. Lake Street Mundelein, Illinois 60060 Fax: (847) 949-2727 ahenrikson@d75.org If to Contractor: Binding Effect of Contract. This Contract shall inure to the benefit of the District, its agents, representatives, officers, directors, assigns and successors and shall bind the Contractor, its agents, representatives, successors and assigns. Complete Understanding. This Contract sets forth all of the promises, agreements, conditions and understandings between the parties relative to the subject matter hereof, and there are no promises, agreements, or undertakings, either oral or written, express or implied, between them other than as herein set forth. Amendments. Except as otherwise provided, no subsequent alteration, amendment, change or addition to this Contract shall be binding upon the parties hereto unless reduced to writing and duly authorized and signed by each of them. Conflicts. If there are any conflicts between the terms of this Contract, the Contract Documents, and/or the Contractor s Bid Submittal, the terms of the Contract Documents shall control. Effective Date. This Contract shall be deemed dated and become effective on the date the last of the parties executes the Contract as set forth below. 15
IN WITNESS WHEREOF, the parties have caused this Contract to be executed and do hereby warrant and represent that their respective signatories whose signatures appear below have been and are on the date of this Contract duly authorized by all necessary and appropriate corporate action to execute this Contract. [CONTRACTOR] [THIS DOCUMENT IS A FORM. BIDDER S DO NOT NEED TO SIGN THIS. ONLY THE SUCCESSFUL BIDDER WILL SIGN THIS AFTER AWARD IS MADE.] BOARD OF EDUCATION OF MUNDELEIN ELEMENTARY DISTRICT NO. 75 By: President By: Superintendent or Board President Date: Date: ATTEST: By: Its ATTEST: By: Its Secretary END OF FORM CONTRACT. 16
EXHIBIT A - SPECIFICATIONS 1. Isolate existing chiller, disconnect and remove from the job site. 2. Furnish and install new 100-ton chiller, including: a. 100 nominal tonnage Carrier rotary scroll chiller, b. Non fused disconnect, c. Suction line insulation, d. Suction service valves, e. Freeze protection, f. Single point power connection, g. Coil trim panels, and h. Hail guards. 3. Modify all necessary supply and return piping, including: a. New isolation valves, b. Balancing valves, c. Strainer, d. Flex connectors, and e. Unit vibration isolation pads. 4. Modify all necessary main power wiring and control wiring as required. 5. Furnish and install all necessary fiberglass pipe insulation with PVC jacketing. 6. Fill system and flush. 7. Startup system and check for proper operation. 8. Balance system as required. 9. 1500 Glycol system with holding tank in boiler room 10. All work must carry the manufacturer s one (1) year warranty on labor and materials and five (5) year compressor warranty. 17
END OF EXHIBIT A. 18