1-RFQ P-22015 Rapid Response Construction Services Nov. 10 2022.pdf

DEPARTMENT OF PURCHASING

FOR THE

DEPARTMENT OF PLANNING AND CONSTRUCTION

REQUEST FOR QUALIFICATIONS (RFQ)

FOR

RAPID RESPONSE CONSTRUCTION SERVICES

P-22015

CONTRACT TERM

To be included in this Rapid Response Pool at inception, contractors must submit Qualification packages by February 10, 2023.

Thereafter, contractors may be added to this Pool on a rolling basis. This Request for Qualifications will remain open through December 31, 2026.

Contracts awarded under this RFQ will have an initial Contract Term of five (5) years, subject to final determination by the Chicago Park District. Respondents are encouraged to submit their Qualifications by

February 10, 2023 in order to maximum their Contract Term.

Upon completion of the Contract Term, a possible one (1) year extension period may be available and exercisable at the Chicago Park District’s sole option.

ADVERTISED: Thursday, November 10, 2022

QUESTIONS: Questions can be submitted in writing to the Department of Purchasing any time to stephen.zimnie@chicagoparkdistrict.com

QUALIFICATIONS DUE DATE AND LOCATION: This is an open Request for Qualifications. Firms are encouraged to submit their qualifications by February 10, 2023. The final day Qualifications will be accepted is

December 31, 2026. Qualifications must be submitted on Bonfire

Myetie Hamilton President, Board of Commissioners

Rosa Escareño

General Superintendent and CEO

Mark L. Reed Director of Purchasing

LEGAL ADVERTISEMENT

Date Advertised: Thursday, November 10, 2022

CHICAGO PARK DISTRICT

DEPARTMENT OF PURCHASING

FOR THE

DEPARTMENT OF PLANNING AND CONSTRUCTION

FOR

RAPID RESPONSE CONSTRUCTION SERVICES

The RFQ is available for download by taking the following steps: (1) going to www.chicagoparkdistrict.com; (2) clicking “Doing Business” link within the Get Involved tab; (3) clicking “Purchasing;” link (4) clicking “Contracting Opportunities;” link

(5) selecting the link for this RFQ under the Open Public Opportunities tab (6) registering for the RFQ, and then (7) downloading the RFQ.

If you are not able to download the RFQ, please call Stephen Zimnie, the contact person for this project, at (312) 742-4435, Monday – Friday, between the hours of 8:30 a.m. and 4:30 p.m.

Specification No.: P-22015

Description: The Chicago Park District invites the submission of qualifications for

RAPID RESPONSE CONSTRUCTION SERVICES

Qualifications Due Date And Location: This is an open Request for Qualifications and Firms are encouraged to submit their qualifications by February 10, 2023. The final day Qualifications will be accepted is December 31, 2026. Qualifications may be submitted on Bonfire.

Myetie Hamilton President, Board of Commissioners

Rosa Escareño

General Superintendent and CEO

Mark L. Reed Director of Purchasing

REQUEST FOR QUALIFICATIONS for RAPID RESPONSE CONSTRUCTION SERVICES Specification Number P-22015

Contact Person: Stephen Zimnie

(312) 742-4435

Fax (312) 742-5326 stephen.zimnie@chicagoparkdistrict.com

For information regarding MBE/WBE participation, contact Christopher Gartman (312) 742-4594, or

Christopher.gartman@chicagoparkdistrict.com.

TABLE OF CONTENTS

Section Topic Page

1. General Information

2. Qualifications Information

3. Scope of Work……………………………………………………………………… 10

4. General Conditions for Construction…………………………………………….. 15

5. Special Conditions

6. Notice Regarding MBE/WBE Participation

7. Compliance Conditions: Minority- & Women-Owned Businesses

8. Insurance Requirements

9. Evaluation and Selection Process

10. Execution of Qualifications Submittal

11. Qualifications Submittal Contents

12. Qualifications Submittal Packaging and Delivery

13. QUALIFICATIONS SUBMITTAL FORMS

A. Signature Page B. Economic Disclosure Statement and Affidavit C. Financial Statement D. Legal Actions Forms E. Self-Performance Affidavit F. Sustainability Statement Instructions & Statement H. MBE/WBE Compliance Affidavit

14. No Response Form

15. Exhibit A Project History

GENERAL INFORMATION

BACKGROUND

The Chicago Park District (hereinafter CPD) is a municipal corporation organized in 1934. It is governed by a seven-person Board of Commissioners appointed by the Mayor of Chicago, with the advice and consent of the City Council. The Board of Commissioners appoints the General Superintendent and CEO, who is responsible for the CPD’s day-to-day operations.

The CPD owns and operates over 8,800 acres of park property. This includes more than 600 parks and play lots, over 250 staffed park recreation centers, 6 golf courses, 10 major museums, a stadium, a zoo, and 24 miles of lakefront, including 9 harbors and 31 bathing beaches. There are approximately 450 buildings in the system, including several schools, which are used jointly with the Chicago Board of Education.

The CPD offers a wide range of recreational and educational programs featuring both physical and cultural activities. For more information, visit www.chicagoparkdistrict.com.

Generally, at the CPD, a Request for Qualifications (RFQ) is the method of procurement used when it is desirable to establish a pre-qualified pool of companies with specialized experience or skills that the CPD may require from time to time, on an as-needed basis.

This is an open RFQ, meaning that firms may submit their qualification packages at any time until December 31, 2026. It is expected that qualification packages will be reviewed and evaluated on a bi-annual basis or sooner as determined by CPD

POOL CONTRACT AWARD

Contracts for inclusion in the pool will be awarded to the responsible submitters whose qualification packages have been determined to be acceptable and most advantageous to the CPD, in accordance with the evaluation criteria included herein.

The CPD may award these contracts based on the evaluation of the qualification packages received, without discussion of those qualification packages with any submitter. Alternatively, the CPD may conduct interviews and discussions with any submitter.

The CPD reserves the right to reject any and all qualifications, or to withdraw, cancel, or reissue this specification, in whole or in part, in the event that competition is deemed inadequate or that it is otherwise in the best interest of the CPD.

PROJECTS

Pre-qualification is not a guarantee of work. See Exhibit A for representative examples of projects purchased thru the Rapid Response Construction Services Pre-Qualified pool.

TERM OF CONTRACT

The contracts of every firm selected for inclusion in this pool will be coterminous. Contracts awarded under this

RFQ will have a Contract Term of 5 years, subject to final determination by the Chicago Park District, with a possible one (1) year extension option available and exercisable at the Chicago Park District’s sole option.

Contractor will receive written notification of such a contract extension. If the contracted vendor is unable or unwilling to agree to an upcoming extension option, the contractor must notify the Director of Purchasing, in writing, at least thirty (30) days prior to the contract’s expiration date.

http://www.chicagoparkdistrict.com/

INFORMATION RELATED TO OUR CONTRACTS AND SOLICITATIONS

Department of Purchasing Home Page

If you seek information related to our contracts and solicitations then you're encouraged to first look through our home page by (1) going to www.chicagoparkdistrict.com; (2) clicking on the “About Us” button at the top of the page; selecting (3) “Doing Business,” and then (4) “Purchasing.” Often, the information you seek is available there..

Freedom of Information Act (FOIA) Requests

If you prefer to submit a FOIA request, or if the information you seek is not available at our home page, then click on the link below for details regarding how you can submit a FOIA request:

http://www.chicagoparkdistrict.com/departments/administration/communications/foia/

COMPLAINTS AND PROTESTS

Complaints

You can submit a complaint or concern anytime by sending an e-mail to the Department of Purchasing at purchasing@chicagoparkdistrict.com or by sending an e-mail to the Department of Purchasing contact identified in this RFQ.

If you prefer, you can also submit your complaint or concern anytime to the Inspector General of the Chicago Park District by going to: http://www.chicagoparkdistrict.com/departments/board-of-commissioners/inspector-general-hotline/

Protests

In the event that you want to submit a protest regarding: [1] the solicitation (pre-due date); [2] the evaluation of bids, qualifications, or proposals (after the due date but pre-award); or [3] the award of the contract (post-award), the CPD’s Solicitation and Contacting Process Protest Procedures can be found at http://www.chicagoparkdistrict.com/doing-business/purchasing/rules-regulations-procedures/

End of General Information http://www.chicagoparkdistrict.com/ http://www.chicagoparkdistrict.com/departments/administration/communications/foia/ mailto:purchasing@chicagoparkdistrict.com http://www.chicagoparkdistrict.com/departments/board-of-commissioners/inspector-general-hotline/ http://www.chicagoparkdistrict.com/departments/board-of-commissioners/inspector-general-hotline/ http://www.chicagoparkdistrict.com/doing-business/purchasing/rules-regulations-procedures/

QUALIFICATIONS INFORMATION

1. EXAMINATION OF RFQ DOCUMENTS

Each submitter may download one copy of the RFQ package directly from the CPD’s website. Chicago Park District RFQ documents obtained from any source other than the CPD cannot be assumed to be complete, and qualifications prepared from such documents are subject to rejection.

It is expected that each submitter will read the entire RFQ document with care, and will submit the forms and affidavits contained in this RFQ without alteration. The CPD will not accept RFQ forms that have been recreated or reformatted by the submitter.

It is also expected that each submitter will carefully review its qualifications package before submittal to the Department of Purchasing, to confirm that it meets all requirements set forth in the Execution of RFQ

Response and Qualifications Contents. The submitter’s negligence in these matters, or the failure of the submitter to ask relevant questions before the submittal due date will not relieve the submitter of any obligations to comply, in every detail, with all provisions and requirements of the RFQ document, if the submitter is awarded a contract. Conversation with an attorney is recommended, since this document may have important legal consequences.

2. QUESTIONS & ANSWERS

Questions can be submitted in writing anytime by sending an e-mail to the Department of Purchasing at purchasing@chicagoparkdistrict.com or by sending an e-mail to the Department of Purchasing contact identified in this RFQ..

Any correction, revision, answer, or clarification of the RFQ documents will be made only by a written addendum (if something in the RFQ is changed) or a Clarifications / Answers document (if nothing in the

RFQ is changed.) duly issued by the Director of Purchasing or designee.

Since this is an open RFQ, a copy of any addendum, or Clarifications/Answers, will be uploaded to the

RFQ’s page at the Department of Purchasing’s home page whenever the CPD makes the addendum or

Clarifications/Answers available. Failure on the part of the prospective submitter to receive such written interpretations, clarifications, or answers will not be grounds for the withdrawal of the submitter’s qualifications package after it is submitted. The CPD will not be liable for the submitter’s failure to download or otherwise obtain any addenda that may be issued for this RFQ. It is the sole responsibility of the submitter to obtain such addenda.

Submitter must acknowledge receipt of each addendum on the RFQ’s signature page. It is not necessary to acknowledge receipt of a Clarifications / Answers document.

3. FORMS

Remove and complete all of the forms in the Qualifications Contents section. For purposes of comparisons between submitters, use “as is.” Do not scan and reformat these forms. Any qualifications submittal form that has been reformatted or re-created in any fashion by the submitter may be summarily rejected. Sign appropriately and have notarized where required.

4. SUBCONTRACTORS

If deemed qualified and awarded a contract under the pool and then awarded a project pursuant to an Invitation For Bid, the contractor shall subcontract only with competent and responsible subcontractors.

The CPD reserves the right to approve all subcontractors.

Awardee shall not replace any subcontractor or add or subtract subcontractors without the prior written consent of the Director of Purchasing of the Chicago Park District. Such consent by the CPD shall not be unreasonably withheld.

5. EXCEPTIONS TO THE RFQ

Any deviations from or exceptions to the RFQ must be noted on the relevant submittal page(s), with the exact nature of the change(s) outlined in sufficient detail in a cover letter. The reason for such deviations or exceptions should also be included. The CPD will evaluate their impact on the RFQ, and reserves the right to reject qualifications that do not completely meet the RFQ requirements. Further, changes, additions, or deletions made to the General Conditions for Construction by the submitter are not favored, and are included in this disqualification caution. Lastly, Failure of a submitter to comply with the terms of this paragraph also may be cause for rejection of the qualifications.

6. TRANSPARENCY WEBSITE; TRADE SECRETS

Consistent with the CPD’s practice of making available to the public all information submitted in response to a public procurement* through the CPD’s internet website, submitters may designate the portions of a submittal/proposal that contain trade secrets or other proprietary information/data (“data”) that the submitters desire to remain confidential.

[*All submittals or proposals; any information and documentation contained therein; any additional information or documentation submitted to the CPD as part of this solicitation; and any information or documentation presented to the CPD as part of the negotiation of a contract or other agreement.]

To designate portions of a submittal/proposal as confidential, the submitter must:

A. Mark the cover page as follows: “This submittal/proposal includes trade secrets or other proprietary data.”

B Mark each sheet or data to be restricted with the following legend: “Confidential: Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.”

C. Provide a CD with a redacted copy of the entire proposal or submittal in PDF format for posting on the CPD’s website. Submitter is responsible for properly and adequately redacting any data which the submitter desires to remain confidential. If entire pages or sections are removed, they must be represented by a page indicating that the page or section has been redacted.

Failure to provide a CD with a redacted copy may result in the posting of an un-redacted copy.

Indiscriminate labeling of material as “Confidential” may be grounds for deeming the submittal/proposal as non-responsive.

All submittals/proposals submitted to the CPD are subject to the Freedom of Information Act (“FOIA”). The CPD will make the final determination as to whether information, even if marked “Confidential,” will be disclosed pursuant to a request under FOIA or valid subpoena. The submitter agrees not to pursue any cause of action against the CPD with regard to disclosure of information.

7. WITHDRAWAL OF QUALIFICATIONS

After the Chicago Park District receives the qualifications, they may be withdrawn only at the discretion of the Director of Purchasing.

8. ERRORS IN QUALIFICATIONS

Submitters are cautioned to verify their qualifications prior to delivering them to the CPD. Thereafter, modifications to the qualifications will be permitted only at the discretion of the Director of Purchasing. Any material misrepresentations made by the submitter may void their qualifications and eliminate the submitter from further consideration.

9. DELIVERING QUALIFICATIONS

The CPD does not specify the method by which qualifications are to be delivered. Qualifications delivered by mail or messenger, however, will be considered only when the qualifications are received in the

Department of Purchasing. The CPD does not guarantee that qualifications received in the building by mail or messenger will be delivered to the Department of Purchasing. CPD recommends submitting

Qualifications through Bonfire.

10. LATE QUALIFICATIONS

The CPD will not accept qualifications submitted after 3:00 p.m., C.S.T., on December 31, 2026.

11. RETURN OF QUALIFICATIONS

The CPD shall be under no obligation to return any qualifications or other materials submitted by the submitter in response to this RFQ.

12. INCURRED COST

All cost incurred in the preparation and submission of the qualifications, and any responses, shall be borne by the submitter.

13. RESERVED RIGHTS

The Director of Purchasing or his/her designee shall represent the CPD in all matters pertaining to this

RFQ.

The CPD reserves the right at any time and for any reason to cancel this Request for Qualifications, to reject any, some, or all of the qualifications, or to accept any, some, or all of them. The CPD also reserves the right to waive any immaterial defect in any submittal when, in his/her opinion, the best interests of the CPD will be served by such action.

End of Qualifications Information

SCOPE OF WORK

INVITATION

The Chicago Park District invites experienced general contractors to submit their qualifications for possible inclusion in the Rapid Response Construction Services pre-qualified pool.

Pre-qualified firms shall provide all equipment, fuel, labor, materials, transportation, trucks, vehicles, and any/all other services necessary to complete any project in accordance with the terms and conditions of this specification. Additionally, all services and materials shall be of the highest and best quality, competitively priced, and delivered and performed in a timely manner.

OVERVIEW

The Chicago Park District (“CPD”) regularly has construction work that must be done on an urgent or immediate basis. Accordingly, the CPD requires a pool of pre-qualified firms that must be able to respond quickly to Invitation for Bids (“IFB”) and commence work on any awarded project within as short a time frame as one (1) day after issuance of a Notice to Proceed, subject to lead time for materials and the nature of the work.

Generally, the projects that will be sent to this pool will vary in size and scope and may involve multiple trades.

For a list of previous projects, and their award amounts, see Exhibit A.

Inclusion in this pool is no guarantee of work. Additionally, the CPD may elect to perform work with its own crews, have the work done through other CPD contracts, or advertise and award separate contracts for individual projects, whichever is in the best interest of the CPD.

EXPERIENCE

The CPD is seeking general contractors who have experience with the services and sizes, types, and magnitudes of construction projects described in this Scope of Work and Exhibit A. Additionally, these general contractors must be responsible for all work on each project, from start to final close-out. The CPD is not seeking firms to serve as pass-throughs or brokers. Lastly, all firms interested in submitting their qualifications are required to have the City of Chicago General Contractor’s License of the appropriate class, and any other license(s) required by law.

For pre-qualification in this pool, your firm must have the ability to perform at least 15% of the contracted work.

You cannot pre-qualify your firm in this pool if you intend to subcontract more than 85% of the work to another firm.

REQUIREMENTS FOR ALL POOL MEMBERS

Members of this pool will be required to:

1. Procure both payment and performance bonds in the amount of $1,000,000. If, during the course of work, a pre-qualified firm approaches its bonding limit, the CPD may require additional or lower payment and performance bonds at the discretion of the Director of Purchasing.

In the case of an MBE, a WBE, or a small business, the Director of Purchasing has the authority to reduce the CPD’s bonding requirements if it is in the interest of the CPD to do so.

2. Attend site inspections with a CPD project manager to review intended scope of work, which will be followed by CPD-written issuance of confirmed scope of work to be priced.

3. Submit a bid in response to every project IFB issued, regardless of size, location, or scope. This is a competitive pool and we seek to contract only with firms that will actively and regularly participate by responding to as many project IFBs as possible with competitive bids. However, we also recognize that it may not always be possible for a firm to respond to every project IFB “regardless of size, location, and scope.” In those cases, contractors must submit a completed No-Bid Response Form indicating the reason no bid was provided. In all cases, communication will be the key. We expect to have a good working relationship with each firm in the pool.

4. Respond to project IFBs in as little as three (3) days under emergency circumstances

5. Start work rapidly after receipt of the Notice-to-Proceed (NTP)

6. Adhere to aggressive scheduling

7. Comply with the CPD’s MBE/WBE requirements.

GENERAL SCOPE OF SERVICES

Generally, the construction projects for this pool will involve both building or park construction and renovation, and some projects may involve both. Therefore, the services involved in the construction projects that the CPD may require from firms in this pool include:

1. BUILDING CONSTRUCTION AND RENOVATION: including, but not limited to, all of the services below:

a. Building Interior

1) Mechanical, electrical, and plumbing systems

2) ADA compliance upgrades

3) Architectural finishes and general carpentry in various program spaces, including gymnasiums, theaters, gymnastic centers, fitness centers, art rooms, woodshops, community rooms, restrooms, locker rooms, kitchens, office spaces, etc.

4) Pools

5) Environmental remediation

b. Building Exterior

1) Building shell and facade

2) Roofing systems

3) Windows

4) Doors/Hardware

5) Building and way-finding signage

6) Pools

7) Environmental remediation

8) Mechanical, electrical, and plumbing systems

9) Masonry

10) Rooftop Mechanical Systems

2. PARK CONSTRUCTION AND RENOVATION: including, but not limited to, all of the services below:

a. Landscaping, including seed, sod, shrubs, perennials, trees, groundcover, natural areas, lagoons, etc.

b. Environmental remediation

c. Utility services, security systems, lighting, score boards

d. Park structures (e.g. shade structures, gazebos, pergolas, comfort stations, pump houses)

e. Water parks and spray features

f. Athletic fields, fencing, backstops, pathways of various materials (concrete, asphalt, stone screenings), parking lots (including pavement markings, signage etc.)

g. Sport courts (e.g. basketball, soccer, tennis), skate parks, dog-friendly areas

h. Park features, including way finding / rules signage, benches, drinking fountains, artwork, and monuments

i. Playgrounds, including playground equipment, safety surfacing, retaining walls, ramps

j. Artificial turf fields (baseball, soccer, lacrosse, football and/or a combination of sports)

3. MISCELLANEOUS

Any other scope of work the CPD deems appropriate for this pool. See Exhibit A for various examples.

OTHER REQUIRED SERVICES

In addition to the general project responsibilities set forth above, the scope of work for any project will also include the following:

1. CONSTRUCTION

a. Securing all necessary building permits from the City of Chicago’s Department of Buildings and other permitting agencies as required

b. Attending any meetings required by the CPD and / or its design consultant, as directed

c. Following industry standard construction methods and procedures if not specifically called out in the project scope documents

2. PROJECT SCHEDULE

The CPD’s Capital Improvement Program requires all contractors to conform to a demanding schedule for the completion of projects in order to achieve the earliest possible beneficial occupancy. Failure to perform work on schedule will result in the assessment of liquidated damages and other remedies as described in Article VIII and Article XVIII in the included General Conditions for Construction.

a. Coordinating the project schedule with the assigned CPD project manager

b. Providing the CPD project manager with construction schedule updates and a two-week look-ahead schedule throughout the duration of the project

c. Defining the issues and developing corrective actions and/or contingency plans when problems develop in order to get the project back on schedule

The CPD’s Capital Improvement Program can be found on our website at the following link:

https://www.chicagoparkdistrict.com/capital-improvement-plan

3. INSPECTION, REVIEW, and CLOSEOUT

a. Submitting shop drawings and samples to the CPD for final approval

b. Completing punch list work, if any, in a timely manner according to the General Conditions for

Construction

c. Obtaining final sign-off upon completion of punch list

d. Preparing and submitting all applicable record documents, including as-built record drawings, operating and maintenance manuals, warranties according to the General Conditions for Construction, and attic stock (if any) as required by the project-specific IFB

TERMS AND CONDITIONS

All work performed for any Rapid Response Construction Services Pool project shall comply with:

1. This RFQ: P-22015: Rapid Response Construction Services

2. The IFB for each project and any drawings and technical specifications that may be attached to the project IFB.

3. The Chicago Park District’s General Conditions for Construction

4. The City of Chicago Building Code

5. The Chicago Green Standard

6. The Chicago Landscape Ordinance

7. All applicable Americans with Disabilities Act (ADA) codes

8. All other applicable laws, ordinances, and codes

PREVAILING WAGE

For every construction project awarded, the Awardee and each of its subcontractors shall comply with all applicable prevailing wage requirements of 820ILCS 130/0.01 et seq., as it may be amended (the “Act”), so long as the Act is in effect, in order to ensure that such persons covered by the Act are paid the prevailing wage rates as ascertained by the Illinois Department of Labor. The Illinois Department of Labor makes available each month’s prevailing wage rate schedule at its home page: http://www.state.il.us/agency/idol/. Each project-specific IFB will provide a link to the specified rates to be paid to all those employed in the contract. If the Illinois Department of Labor revises such prevailing wage rates, the revised rates shall apply to all such contracts.

OVERVIEW OF THE PRE-QUALIFIED POOL PROCESS – IFBs, BIDS, AWARDS, AND

COMPENSATION

Project Invitation for Bids (IFB)

When the CPD identifies a potential project, all pre-qualified firms will be notified and shall attend a site inspection to review the intended scope of work if one is scheduled. Subsequently, the CPD will distribute a project-specific IFB detailing the agreed-upon scope of work. Depending on the size and scale of the project scope, full engineered construction drawings will not always be provided in the project IFB.

Project Bids

As mentioned above, it is expected that all pre-qualified firms submit a bid in response to every project IFB. The project bid shall include a bid price, MBE/WBE Schedules and Certification Letters, and other requirements as deemed necessary by the CPD at that time.

The bid price shall include all costs associated with completing the scope of work, including, but not limited to, those associated with all: (1) necessary permits and record documents; (2) labor; (3) materials; (4) equipment;

(5) transportation; and (6) supervision.

The requirements of the Compliance Conditions specific to MBE and WBE goals are applicable to this RFQ and contract. However, MBE and WBE participation may not always be achievable on every individual IFB package issued to the Rapid Response Construction Services members. The Park District recognizes that many of the job scopes issued may be small in nature or are primarily one trade discipline where multiple sub-contractors would not be required to carry out the work. To that end, this pre-qualified pool’s M/WBE goals will be calculated on a cumulative basis looking at the sum of all bid awards combined vs on every individual bid award in calculating overall percentages.

Bids shall be submitted by the date and time specified in the project IFB. Late bids will not be considered.

Project Awards

Bids submitted by the due date and time specified in the project-specific IFB will be considered for project award. The CPD will review the bids, taking into consideration all factors related to responsibility and responsiveness, and award the project to the responsible and responsive bidder whose bid is the lowest. To determine responsibility pursuant to the Code of the Chicago Park District, the CPD “will consider not only pecuniary ability but also integrity, past performance, fitness, capacity, capability and skill necessary to fulfill the terms of the contract faithfully and conscientiously, and to furnish the materials and do the work considered best to meet the requirements of the Park District.” As part of its review of bids to determine responsibility, the CPD may decide to interview one or more of the firms that submitted a bid. Further, the foregoing means that the CPD may award a project to a responsible and responsive bidder whose bid price is not the lowest. Lastly, the CPD may award a project to a responsible and responsive bidder whose bid is the only one submitted for a project-specific IFB.

From time to time, the CPD may have emergency projects that require a contractor to immediately address for the best interests of public safety or park operations. In these instances, an IFB may not be issued to all qualified contractors, but the Park District may instead issue a Notice to Proceed (NTP) to one contractor to complete the work for expediency. It may also occur that, as a result of unforeseen conditions or scope growth on a project in progress, a price will be solicited solely from the mobilized contractor on an awarded project for reasons of expediency, efficiency, and to maintain a single point of responsibility for all completed work.

http://www.state.il.us/agency/idol/

The firm awarded a project shall only begin work after it receives a Notice-to-Proceed from the CPD.

Compensation

Compensation will be paid on a project-specific basis. There will be no compensation paid to pre-qualified firms not awarded a project. In addition, the CPD will not authorize additional compensation based on a pre-qualified firm’s failure to conduct an investigation of the site and/or not having a thorough understanding of the scope of work before submitting a project-specific bid.

End of Scope of Work

GENERAL CONDITIONS FOR CONSTRUCTION

For Pre-qualified Pools

These General Conditions for Construction for Pre-qualified pools form a part of the contract documents and attach to every pool project IFB.

[VERSION 9/1/15]

SECTION TOPIC PAGE

I. GENERAL CONDITIONS

A. Definitions B. Contract Interpretation C. Review and Intent of Invitation for Bids, Drawings, and

Specifications……………………………

D. Entire Agreement E. Incorporation of Exhibits

II. PROJECT ORGANIZATION

A. Owner B. General Superintendent C. Consultant D. Architect/Engineer E. Contractor F. Subcontractors G. Supervision Consultant

III. PROPERTY

A. Ownership of Drawings B. Information Provided by The Park District C. Right of Entry D. Site Conditions E. Permits and Licenses F. Storage of Materials G. Electrical Standards H. Connection of Work to Existing Structures I. Contractor's Responsibility for Liens J. Required Inspections K. Suspension of Work…………………… L. Work Stoppage in the Case of Doubt M. Salvage / Recovery Items N. Acceptance of the Work and Right to Occupy Before Substantial

Completion

O. Final Clean-Up P. Final Inspection Q. Ownership of Completed Work

IV. SCOPE OF WORK

V. ASSIGNMENT

A. No Assignment by Contractor B. No Assignment of Contract Funds C. Right to Assign the Park District's Interest

VI. STANDARDS OF PERFORMANCE

A. General Standards

B. Failure to Proceed With Directed Work

C. Correction of Work D. Materials E. Testing F. Testing Laboratory Labels G. Inspection and Responsibility

VII. PERSONNEL

A. General B. Key Personnel C. Character of Workers D. Qualifications of Workers E. Supervision F. Contractor's Project Engineer

VIII. TIME FOR COMMENCEMENT AND COMPLETION AND

PROJECT SCHEDULE

A. Time for Commencement and Completion B. Project Schedule C. Failure to Perform Work on Schedule D. Additional Requirements of CPM Project Schedules E. Completion of Punch List Work

IX. PAYMENTS

A. General B. Project Amount Breakdown (Lump Sum and Lump Sum Line Item of Unit Price Contracts)……

C. Procedure for Monthly Payments D. Payments Withheld E. Payment for Stored Material F. Final Payment G. Retainage H. No Waiver of Legal Rights

X. CHANGES IN THE WORK

A. Right to Change Work B. Construction Change Directives C. Contractor's Request D. Change Requirements E. Contractor's Release F. Change Disputes G. Park District Audit H. Compliance With MBE/WBE Compliance Conditions

XI. SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES

A. Contractor's Responsibilities & Submittal Procedures B. Review by the Park District C. Record Shop Drawings

XII. PROJECT RECORD DOCUMENTS AND PROJECT ACCOUNT

DOCUMENTS

A. As-Built Documents B. Project Account Records C. Instructions and Parts Lists

XIII. INSPECTION AND TESTING

A. General Inspection B. Materials and Equipment Inspection and Testing

XIV. CONSTRUCTION PRACTICES AT THE SITE

A. Disruption of Park District Activities B. Site Protection C. Safety and Health Precautions D. Use of Site and Services

XV. COOPERATION BETWEEN CONTRACTORS

XVI. INDEMNITY, BONDS, AND INSURANCE

A. Indemnity B. Performance and Payment Bonds C. Insurance D. Certificates of Insurance E. Waiver of Subrogation F. Modifications

XVII. DISPUTE RESOLUTION

A. Contractor's Request B. Request Requirements C. General Superintendent's Decision D. Contractor's Remedy E. Contractor's Performance of Work F. Administrative Appeal of Dispute

XVIII. EVENTS OF DEFAULT AND TERMINATION

A. Park District's Right B. Events of Default C. Notice of an Event of Default D. Default Remedies E. Non-Exclusivity F. Court Determination G. Discretion of Park District H. Termination for Convenience

XIX. COMPLIANCE WITH ALL LAWS

A. General B. Regulations Governing the Park District C. Non-Discrimination D. Affirmative Action E. Americans With Disabilities Act F. Veterans Preference G. Employment of Illinois Laborers H. Prevailing Wage I. Safety and Health J. Environmental Requirements

K. Asbestos L. Steel Products M. Mined Coal N. Governmental Ethics O. Non-Collusion, Bribery of a Public Officer or Employee P. Conflict of Interest Q. Cooperation With Inspector General R. Prompt Payment……

XX. MISCELLANEOUS

A. General Conditions B. Notices C. Authority

End of Table of Contents

I. GENERAL CONDITIONS

A. DEFINITIONS

1. Acceptance means the acceptance by the Park District of the bid submitted by the contractor in response to a project Invitation for Bids.

2. Addendum (plural addenda) means an addition, correction, deletion, or clarification to or of the Invitation for Bids that is issued to bidders prior to the opening of bids.

3. Architect/engineer means architect/engineer as defined in Article II of these General

Conditions.

4. As-built documents means as-built documents as defined in Article XII of these General

Conditions.

5. Award date means the date on which the Chicago Park District formally authorizes the project award to the contractor.

6. Bid means the response submitted by a pre-qualified firm in the pool or pool category (or categories) pursuant to a pool project Invitation for Bid, compliant with all of the requirements of the specification documents, including cost(s) and/or pricing and any other required information.

7. Bid unit price means the price for a unit, if any, which was included in the bid.

8. Bidder means any pre-qualified firm in the pool category or categories that submits a bid in response to a pool project Invitation for Bid.

9. Bond means a bond as described in Article XVI of these General Conditions.

10. Change order means a written instrument signed by the Park District, architect/engineer of record, and contractor, agreeing on a change in the work (additions, deletions, or other revisions, and subsequent changes in project amount or project time, if necessary), to be issued in accordance with Article X hereof.

11. City means the City of Chicago.

12. Construction change directive means a written order signed by the Park District and architect/engineer, directing a change in the work and stating a proposed basis for adjustment, if any, in the project amount or project time, or both.

13. Contract means the entire agreement between owner and contractor, these General

Conditions, including all exhibits attached hereto and/or incorporated by reference herein, and all amendments, modifications, supplements and revisions thereto made from time to time in accordance with the terms hereof. Contract also includes, without limitation, the Request for Qualifications, any project Invitation for Bids, including any technical specifications and/or drawings, any amendments or modifications to the project Invitation for Bids, the contractor’s bid, including documentation accompanying the bid, any post-bid documentation, and the Notice-to-Proceed.

14. Contractor refers to the bidder awarded the pre-qualified pool project by the Park District.

15. Days means calendar days, unless otherwise stated.

16. Drawings means drawings, sketches, diagrams and other graphic and pictorial data forming a part of the Contract, wherever located and whenever issued, showing the design, location and dimensions of the work, generally including, plans, elevations, sections, details, schedules, diagrams and shop drawings.

17. Environmental requirements means any and all applicable international, foreign, federal, state, regional, county, local, governmental, public or private statute, law, rule, regulation, ordinance, order, consent decree, judgment, permit, license, code, covenant, deed restriction, common law, treaty, convention or other requirement, pertaining to protection of the environment, health or safety of persons, natural resources, conservation, wildlife, waste management, any hazardous material activity, and pollution (including, without limitation, regulation of releases and disposals to air, land, water and ground water).

18. Event of default means event of default as defined in Article XVIII of these General Conditions.

19. Final completion means the date by which all of the following events have occurred: the Park

District has determined that all punch list work and any other remaining work has been completed in accordance with the Contract; final inspections have been completed and operations systems and equipment testing have been completed; all deliverables have been provided to the Park District and all other requirements set forth in the project Invitation for Bids for final payment have been completed.

20. Force majeure events means events, the impact of which are beyond the reasonable control of the contractor and are limited to acts of God, acts of the public enemy, fires, floods, earthquakes, epidemics, quarantine restrictions, labor strikes at the job site, freight embargoes, or weather significantly more severe than the norm, provided that such events were not foreseeable and did not result from the fault or negligence of the contractor, and provided further that the contractor has taken reasonable precautions to prevent further delays caused by such events.

21. Force account means construction done on a time and material basis as described in Section

X, D, 3, a-n of these General Conditions.

22. Hazardous materials means asbestos and asbestos-containing materials, polychlorinated biphenyl (PCB), oil or any other petroleum products, natural gas, source material, special nuclear materials, and by-product materials regulated under the Atomic Energy Act (42 U.S.C.

Sec. 2011, et seq.), pesticides under the Federal Insecticide Fungicide and Rodenticide Act (7 U.S.C. Sec. 136, et seq.) and any hazardous waste, toxic substance or related material, including any substance defined or treated as hazardous waste, or toxic substance (or comparable term) in the Comprehensive Environment Response, Compensation and Liability Act (42 U.S.C. Sec. 1801, et seq.), the Resource Conservation and Recovery Act (42 U.S.C.

Sec 6901, et seq.), the Toxic Substance Control Act (III. Rev. Stat. Ch. 111, Sec. 1001, et seq.), and any rules or regulations promulgated pursuant to such statutes or any other applicable federal or state statute, rule, or regulation or local law, ordinance, rule, or regulation, as amended in each case or any other substance regulated pursuant to a present, past, or future environmental requirement.

23. Invitation for Bids means the document used to solicit bids from the pre-qualified firms in a pool or pre-qualified firms in the category or categories of the pool, for a pool project.

24. Losses means, individually and collectively, liabilities of every kind, including losses, damages, and reasonable costs, payments, and expenses (such as, but not limited to, court costs and reasonable attorneys’ fees and disbursements), claims, demands, actions, suits, proceedings, judgments, or settlements, any or all of which in any way arise out of or relate to any act, error, or omission of bidder, bidder’s breach of the Contract, or bidder’s negligent or otherwise wrongful acts or omissions or those of its officers, agents, employees, consultants, subcontractors, or licensees.

25. MBE/WBE Compliance Conditions are the provisions regarding participation by Minority and

Women-Owned Business Enterprises contained in the Request for Qualifications and the Invitation for Bids.

26. Milestone date means any date set forth in the project schedule for the commencement or completion of a particular portion of the work, as more fully described in Article VIII.

27. Notice of Default means Notice of Default as defined in Article XVIII of these General

28. Notice to Proceed means written authorization from the Park District to the contractor setting forth the date that the contractor shall commence the work.

29. Occupancy certificate means a final occupancy certificate issued by the City authorizing utilization of a building or other improvement.

30. Owner refers to the Park District.

31. Park District refers to the Chicago Park District governed by the Chicago Park District Act, 70

ILCS 1505/0.01 et seq., and by the Code of the Chicago Park District.

32. Payment bond means the payment bond as defined in Article XVI of these General Conditions.

33. Payment request means the amount that the contractor has determined as the amount due the contractor for the month, under the project for which the payment request is being made.

34. Performance bond means performance bond as defined in Article XVI of these General

35. Pool means the group of pre-qualified firms that are eligible to bid on projects and provide services.

36. Pre-qualified firm means any firm that is a member of the pool or any category or categories in the pool.

37. Product data are illustrations, standard schedules, performance charts, instructions, descriptive literature, catalogs and brochures, performance and test data, diagrams and other information furnished by the contractor to illustrate a material, product or system for some portion of the work.

38. Project means the total construction project as discussed in the Invitation for Bids, of which the work to be performed by the contractor may be the whole or a part, and which may include contributions by the owner or by separate contractors.

39. Project Amount means the lump sum amount set forth in the bid and accepted as the total payment to contractor, as it may be adjusted herein.

40. Project Award means the formal authorization by the Chicago Park District that identifies the project awardee and project amount.

41. Project Awardee means the pre-qualified firm that submits a bid in response to the Invitation for Bids that is determined by the Chicago Park District to be the lowest, responsible, and responsive bidder for the project.

42. Project record documents are all documents the Invitation for Bids requires the contractor to provide to the Park District or its agents, including but not limited to shop drawings, as-built documents, parts manuals, operation and maintenance manuals, blue line drawings and project manuals and/or specifications.

43. Project schedule means the applicable CPM or bar chart schedule for progress and completion of the work, more fully described in Article VIII of these General Conditions.

44. Project time means the period of time, measured in calendar days that are allotted in the bid package for final completion of the work, and adjusted, if necessary, by a change order issued only in accordance with the contract.

45. Punch list means the comprehensive list of punch list work prepared by the architect/engineer after the work has reached substantial completion, and submitted to the Park District, which may, in its sole discretion, modify the punch list work (such modification may include the inclusion of additional items). If it is subsequently determined by the Park District that the punch list did not contain all items required by the Invitation for Bids, the Park District may further modify the punch list at any time.

46. Punch list work means minor adjustments, repairs, or deficiencies in the work that remain to be completed at the time of substantial completion as determined in the sole discretion of the Park District.

47. Retainage is defined in Article IX, Section G, of these General Conditions.

48. Samples means physical examples that illustrate materials, equipment or workmanship and establish standards and measures by which work will be accepted. The term “samples” includes materials, fabricated items, equipment, devices, appliances, or parts thereof as called for in the specifications and any other samples as may be required by the Park District to determine whether the kind, quality, construction, workmanship, finish, color and other characteristics of the materials, etc., proposed by the contractor conform to the specifications.

The various parts of the work shall be in accordance with the reviewed samples.

49. Scope of work is defined in Article IV of these General Conditions.

50. Shop drawings means drawings, diagrams, schedules and other data specially prepared for the work by the contractor or any subcontractor, manufacturer, supplier or distributor to illustrate some portion of the work. The term “shop drawings” as used herein includes, but is not limited to: fabrication, erection, layout and setting drawings; manufacturer’s standard drawings;

schedules; wiring and control diagrams; and other drawings pertaining to materials, equipment and piping; duct and conduit systems; and methods of construction as may be required to show that the materials, equipment or systems and the position thereof conform to the contract requirements. Shop drawings shall establish the actual detail of all manufactured and fabricated items and indicate the proper relation of such items to adjoining work.

51. Site means the location where the project work is to be performed.

52. Special Conditions means the Special Conditions contained in the Invitation for Bids.

53. Special wastes means those substances as defined in 415 ILCS 5/1 et seq. of the Illinois

Environmental Protection Act and as further defined in Section 809.13 of 35 Illinois Administrative Code, Subtitle G, Ch. 1.

54. Specifications means the portion of the Invitation for Bids consisting of written requirements for materials, equipment, construction systems, standards and workmanship for the work, and the performance of related services.

55. Subcontract means an agreement between the contractor and a subcontractor.

56. Subcontractor means any person or entity with whom the contractor contracts to perform any part of the work or to provide any materials to be used in connection therewith, including subcontractors of any tier, suppliers and material men, whether or not in privity with the contractor.

57. Submittals refers to shop drawings, product data or samples and other items and documents required by the Invitation for Bids.

58. Substantial completion is the date upon which, in the determination of the Park District, all work has been sufficiently completed in accordance with the contract so the Park District can occupy or utilize the work for its intended use as evidenced by (a) the acceptance by the Park District of a certificate of substantial completion on AIA Form G704 issued by the architect/engineer and, if applicable, (b) the issuance of an Occupancy Certificate for the work.

59. Supervision Consultant means an individual, organization or entity that the Park District may choose to oversee the work.

60. Surety means the firm, corporation, or individual which is bound by a Performance Bond or

Payment Bond with and for the contractor, and which engages to be responsible for the contractor’s acceptable performance of the work and for payment of all costs pertaining thereto.

61. Work means the construction and services to be furnished by the contractor and any and all of its subcontractors required during any project , including all labor, materials, equipment, and other incidentals necessary or convenient to the successful completion of the work as required by the Invitation for Bids, and the carrying out of all the duties and obligations under the Invitation for Bids of the contractor, including, without limitation, all of the duties and obligations of its subcontractors.

B. CONTRACT INTERPRETATION

1. Headings, Section References, Gender. Any headings of the Contract are for convenience of reference only…