HomeMy WebLinkAboutRes A&B Improvements Painting and Upgrade ProjectFINAL (2)
VILLAGE OF OAK BROOK, ILLINOIS
3,500,000 GALLON CONCRETE RESERVOIR (A)
WET INTERIOR PIPING REPAINT
AND MISCELLANEOUS REPAIRS
4,000,000 GALLON CONCRETE RESERVOIR (B)
WET INTERIOR PIPING REPAINT
EXTERIOR APPURTENANCE REPAINT
AND MISCELLANEOUS REPAIRS
BID DATE: FEBRUARY 26, 2025
BID TIME: 2:00 P.M.
CONTRACT NO. 13-22-24-01,02-24
Table of Contents
Notice to Bidders (1-2)
Project Summary (1-2)
Instructions to Bidders (1-13)
Supplementary Instructions to Bidders (1-2)
Prevailing Wage Rate Information (1-9)
Bid/Agreement Form (1-9)
Non-Collusion Affidavit (1)
Contractor Certification (1)
Certification for Contract (1)
Certificate of Compliance (1)
Schedule of Values (1-3)
General Conditions (1-81)
Supplemental Conditions (1-8)
Submittal Checklist (1)
Technical Specifications (1-51)
OAK BROOK - NOTICE to BIDDERS - 1
SECTION 00 00 30
NOTICE to BIDDERS
Separate sealed Bids are solicited for the following project:
Project Name: 3,500,000 Gallon Concrete Reservoir (A)
Wet Interior Piping Repaint
And Miscellaneous Repairs
4,000,000 Gallon Concrete Reservoir (B)
Wet Interior Piping Repaint
Exterior Appurtenance Repaint
And Miscellaneous Repairs
Note: This project name is to be understood to include the entire scope of project as defined and
detailed by these specifications and Contract Documents.
Separate sealed bids will be received by the Owner and then publicly opened and read aloud at:
Bids Sent To: Rania Serences, Purchasing & Budgeting Coordinator, Village of Oak
Brook, 12000 Oak Brook Road, Oak Brook, Illinois 60523
Bid Opening Date: February 26, 2025
Bid Opening Time: 2:00 P.M. (local time)
Bid Opening Site: Village of Oak Brook, SE Dean Boardroom, 1200 Oak Brook Road,
Oak Brook, Illinois 60523
Complete digital project bidding documents will be available at www.questcdn.com . Download
the digital plan documents for a non -refundable fee of $100 by inputting Quest Project No.
9523699 on the website’s Project Search page. Please contact QuestCDN.com at (952)
233-1632 or info@questcdn.com for assistance in free membership registration, downloading,
and working with this digital project information.
For further requirements regarding bid submittal, qualifications, procedures, and contract award,
refer to the Instructions to Bidders, and if applicable Supplemental Instructions to Bidders, that
are included in the Bidding Requirements.
OAK BROOK - NOTICE to BIDDERS - 2
Note l: The Engineer assumes no responsibility to supply Builders Exchanges and similar plan
review rooms with all addenda issued. An attempt will be made to do so; however, only
registered plan holders will be notified by email of expected or late term addendum with short
preparation times.
Note 2: Prequalification of BIDDERS - Dixon Engineering will review qualifications of all
Contractors and determine their status. Contractors will be prequalified for different sized tanks
and towers based on experience, workmanship, successful Project completions with DIXON and
Contractor’s financial data. Prequalification protocol is in the Instructions to Bidders. Any
Contractor who has any projects in dispute or unfinished because of Contract problems will be
considered NOT prequalified. Disqualification will result in the return of any handling fee for
Bidding Documents.
OAK BROOK - PROJECT SUMMARY - 1
SECTION 00 00 40
PROJECT SUMMARY
PART 1 – GENERAL
This Project Summary is an overview of the entire Project and is intended, but is not guaranteed,
to place all project specifics in one location to aid Bidders.
1.01 SCHEDULE and LIQUIDATED DAMAGES
The Contractor is to abide by the following schedule:
Commence work on or after April 15, 2025.
Work hours are Monday through Saturday, 7:00 AM to 6:00 PM.
Substantial Completion by November 1, 2025 including cure and disinfection time.
Only one reservoir can be out-of-service at a time. The Owner will require seven days between
work on the reservoirs for refilling the first reservoir, testing, and draining the second reservoir.
The reservoirs may be out-of-service for a maximum of 40 days. Out-of-service service days do
not include time between reservoirs.
Liquidated damages are applicable and begin after 40 days out-of-service or after Substantial
Completion date whichever is the earlier date. Liquidated damages at $1,250/calendar day is to
apply after this date. Ready for Final Payment Date is to be thirty (30) days after date
Substantial Completion Date based on out-of-service days or scheduled Substantial Completion,
or as adjusted by Change Order, or actual Substantial Completion if earlier. Liquidated damages
after Ready for Final Payment Date of $250/day is to apply. Liquidated damages are cumulative
if damages from Substantial Completion and Ready for Final Payment overlap. In addition,
Special Damages, fines, or Set-Off may also apply per Bid/Agreement Form.
1.02 SCOPE of WORK
Tank Information:
Reservoir A:
The structure is a 3,500,000 gallon underground concrete reservoir with an approximate diameter
of 153 ft. and an approximate sidewall height of 25 ft. located at 1915 York Rd. in Oak Brook,
Illinois.
OAK BROOK - PROJECT SUMMARY - 2
Reservoir B:
The structure is a 4,000,000 gallon underground concrete reservoir with an approximate diameter
of 151 ft. and an approximate sidewall height of 30 ft. located at 2710 Meyers Rd. in Oak Brook,
Illinois.
The work includes:
Reservoir A:
Wet Interior Piping: Abrasive blast clean to a SSPC-SP10 near-white metal standard. Apply a
three (3) coat zinc epoxy system.
Wet Interior Exposed Rebar: Abrasive blast clean to a SSPC-SP10 near-white metal standard.
Apply a two (2) coat epoxy system.
Mixer: Install two (2) mechanical mixers.
Repairs:
1) Replace the wet interior roof hatch.
2) Install a silt stop with deflector bars on the draw pipe.
3) Adjust the fall prevention device on the wet interior ladder.
4) Install roof vents.
Reservoir B:
Wet Interior Piping: Abrasive blast clean to a SSPC-SP10 near-white metal standard. Apply a
three (3) coat zinc epoxy system.
Exterior Appurtenances: Abrasive blast clean the roof vents and overflow pipe to a SSPC-SP6
commercial standard with containment. Apply a three (3) coat zinc epoxy urethane system.
Mixer: Install two (2) mechanical mixers.
Repairs:
1) Install a concrete curb extension for the roof hatch.
2) Install deflector bars on the draw pipe.
TABLE OF CONTENTS
INSTRUCTIONS TO BIDDERS
ARTICLE 1 – Defined Terms ......................................................................................................... 1
ARTICLE 2 – Bidding Documents................................................................................................. 1
ARTICLE 3 – Qualifications/Prequalifications of Bidders ............................................................ 2
ARTICLE 4 – Pre-Bid Conference ................................................................................................. 3
ARTICLE 5 – Site and Other Areas; Existing Site Conditions; Examination of Site; Owner’s
Safety Program; Other Work at the Site ............................................................... 3
ARTICLE 6 – Bidder’s Representations and Certifications .......................................................... 4
ARTICLE 7 – Interpretations and Addenda .................................................................................. 5
ARTICLE 8 – Bid Security............................................................................................................ 5
ARTICLE 9 – Contract Times ........................................................................................................ 6
ARTICLE 10 – Substitute and “Or Equal” Times .......................................................................... 6
ARTICLE 11 – Subcontractors, Suppliers, and Others ................................................................. 6
ARTICLE 12 – Preparation of Bid ................................................................................................. 7
ARTICLE 13 – Basis of Bid .......................................................................................................... 8
ARTICLE 14 – Submittal of Bid ................................................................................................... 9
ARTICLE 15 – Modification and Withdrawal of Bid ................................................................... 9
ARTICLE 16 – Opening of Bids .................................................................................................. 10
ARTICLE 17 – Bids to Remain Subject to Acceptance ............................................................... 10
ARTICLE 18 – Evaluation of Bids and Award of Contract ......................................................... 10
ARTICLE 19 – Bonds and Insurance ........................................................................................... 11
ARTICLE 20 – Signing of Agreement ......................................................................................... 11
ARTICLE 21 – Non-Discrimination ............................................................................................ 12
ARTICLE 22 – Non-Collusion ..................................................................................................... 13
ARTICLE 23 – Alternate Bids or Restrictions on Bids ................................................................ 13
ARTICLE 24 – Contractor’s Responsibilities .............................................................................. 13
OAK BROOK - INSTRUCTIONS to BIDDERS - 1
SECTION 00 21 13
INSTRUCTIONS TO BIDDERS
ARTICLE 1 – DEFINED TERMS
1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General
Conditions and Supplementary Conditions. Additional terms used in these Instructions to
Bidders have the meanings indicated below:
A. Issuing Office – The office from which the Bidding Documents are to be issued, and
which registers plan holders.
B. Owner’s Office – The office where the bidding procedures are to be administered.
ARTICLE 2 – BIDDING DOCUMENTS
2.01 The Bidder is to obtain a complete set of Bidding Requirements and proposed Contract
Documents (together, the Bidding Documents). See the Agreement for a list of the Contract
Documents. It is the Bidder’s responsibility to determine that it is using a complete set of
documents in the preparation of a Bid. Bidder assumes sole responsibility for errors or
misinterpretations resulting from the use of incomplete documents, by Bidder itself or by
its prospective Subcontractors and Suppliers.
2.02 Bidding Documents are made available for the sole purpose of obtaining Bids for
completion of the Project and permission to download or distribution of the Bidding
Documents does not confer a license or grant permission or authorization for any other use.
Authorization to download documents, or other distribution, includes the right for plan
holders to print documents solely for their use, and the use of their prospective
Subcontractors and Suppliers, provided the plan holder pays all costs associated with
printing or reproduction. Printed documents may not be re-sold under any circumstances.
2.03 Bidder may register as a plan holder and obtain complete sets of Bidding Documents, in
the number and format stated in the Notice to Bidders, from the Issuing Office. Registered
plan holders will receive Addenda issued by the Owner.
2.04 The Owner is not responsible for omissions in Bidding Documents or other documents
obtained from plan rooms, or for a Bidder’s failure to obtain Addenda from a plan room.
2.05 Electronic Documents
A. When the Notice to Bidders Requirements indicate that electronic (digital) copies of
the Bidding Documents are available, such documents will be made available to the
Bidders as Electronic Documents in the manner specified. (Sealed master copy of
Bid documents held by Owner.)
1. Bidding Documents will be provided in Adobe PDF (Portable Document Format)
(.pdf) that is readable by Adobe Acrobat Reader Version 9.0 or later. It is the
intent of DIXON and Owner that such Electronic Documents are to be exactly
representative of the paper copies of the documents. However, because the Owner
and DIXON cannot totally control the transmission and receipt of Electronic
Documents nor the Contractor’s means of reproduction of such documents, the
Owner and DIXON cannot and do not guarantee that Electronic Documents and
OAK BROOK - INSTRUCTIONS to BIDDERS - 2
reproductions prepared from those versions are identical in every manner to the
paper copies.
B. Unless otherwise stated in the Bidding Documents, the Bidder may use and rely upon
complete sets of Electronic Documents of the Bidding Documents, described in
Paragraph 2.05A above. However, Bidder assumes all risks associated with
differences arising from transmission/receipt of Electronic Documents versions of
Bidding Documents and reproductions prepared from those versions and, further,
assumes all risks, costs, and responsibility associated with use of the Electronic
Documents versions to derive information that is not explicitly contained in printed
paper versions of the documents, and for Bidder’s reliance upon such derived
information.
1. In no case will the Contractor be entitled to additional compensation or time for
completion due to any differences between the actual Contract Documents and
any related document in native file format.
ARTICLE 3 – QUALIFICATIONS/PREQUALIFICATIONS OF BIDDERS
3.01 Coating projects require competent, financially solvent Contractors who complete
projects on time. These projects deal with the health and safety of the public, have a short
availability time, and include dangerous work; therefore, the Owner will only consider
prequalified Contractors. Bidders not prequalified may be considered non-responsive
and bids may be returned, unopened or opened. Bidders who are not prequalified may
not be awarded the project if there is insufficient time (30 days) to complete a thorough
review or may be awarded at solely at Owner’s discretion.
A. Requirements for prequalification are:
1. On tanks of 1,000,000 gallons or smaller, successful completion of at least ten
projects of like or larger size in the last five years. On tanks larger than 1,000,000
gallons, five projects of like size that have been successfully completed in the last
five years.
2. The experience list is to be based on the type of project being Bid. If the project
is for a reservoir, then the experience list is to contain the required number of
projects for reservoirs only; if Project is for an elevated tank, then elevated only;
wastewater, wastewater only; clarifier, clarifier only.
3. All projects listed by a Bidder that have been completed by that bidder under the
company name in which they will be bidding this project. If the Bidder has
completed the project(s) under a different company name, then the name under
which the project(s) was completed is to be noted.
4. Bidders are to furnish proof that they are bondable for the size of the project they
are bidding on and furnish proof of their bonding company’s rating.
B. DIXON will review submitted data to determine if Bidder meets prequalification
requirements. QP1 or QP2 certification by Association for Material Protection and
Performance (AMPP) is an alternate method of prequalification, except for the
experience list and financials. Any information found to be false, incorrect, or
embellished (determination of embellishment will be solely in opinion of Engineer)
will be sufficient reason for disqualification.
C. New Bidders can apply for prequalification; however, they must be able to prove that
they are bondable, provide a certified financial statement (most recent fiscal quarter),
provide a complete equipment list; and a list of manpower, including work experience
and the contractor(s) for whom they have worked. From this information, an
OAK BROOK - INSTRUCTIONS to BIDDERS - 3
evaluation and recommendation will be made by DIXON using economic ratios and
comparisons regarding project size, equipment, manpower available, and foreman’s
experience. A determination will then be made by the Owner as to whether-or-not
the Bidder is qualified to perform the Project.
D. Any prequalified Contractor (by DIXON or AMPP) who has pending litigation
against him for work not completed on a project or for failed work on a project may
be subject to disqualification.
E. In addition, the Owner may make further investigations into the Bidder’s
prequalification, including compliance with human resource programs, as well as
OSHA and environmental histories. The Owner also may review elements of the
prequalification and determine if experience is generic to and specific to the Project.
Furnish the Owner information, data, or certifications requested.
3.02 Disqualification:
A Contractor may be ineligible for prequalification if the Contractor has ever been
Disqualified by any State or Federal Agency, prequalification of that Contractor is
revoked for Work in the Disqualifying State, or for Federal Work from Disqualifying
Agency. In the case of a prior disqualification, upon the expiration of the prescribed
disqualification period, the Contractor may apply for reinstatement of Prequalification by
the Disqualifying State or with the Disqualifying Federal Agency. By submitting their
bid, the Bidder certifies that they are not currently disqualified or rejected from
submitting bids in the state or political subdivision of the state where the Project is
located or with the Federal Agency for whom the Work is being bid.
3.03 If not Prequalified; to demonstrate Bidder’s qualifications to perform the Work, and at
least ten (10) days prior to Bid Opening, Bidder is to submit the following information:
A. Written evidence establishing its qualifications such as financial data, previous
experience, and present commitments.
B. A written statement that Bidder is authorized to do business in the state where the
Project is located, or a written certification that Bidder will obtain such authority prior
to the Effective Date of the Contract.
C. Bidder’s state license or other contractor license number, if applicable.
D. Subcontractor and Supplier qualification information.
E. A completed Qualification Form and supporting documentation.
F. Other required information regarding qualifications.
G. A Bidder’s failure to submit required qualification information within the times
indicated may disqualify Bidder from receiving an award of the Contract.
H. No requirement in this Article 3 to submit information will prejudice the right of
Owner to seek additional pertinent information regarding Bidder’s qualifications.
ARTICLE 4 – PRE-BID CONFERENCE
SEE SUPPLEMENTAL INSTRUCTIONS to BIDDERS
ARTICLE 5 – SITE AND OTHER AREAS; EXISTING SITE CONDITIONS;
EXAMINATION OF SITE; OWNER’S SAFETY PROGRAM; OTHER WORK AT THE
SITE
5.01 Site and Other Areas
OAK BROOK - INSTRUCTIONS to BIDDERS - 4
A. The Site is identified in the Bidding Documents. By definition, the Site includes
rights-of-way, easements, and other lands furnished by Owner for the use of the
Contractor. Any additional lands required for temporary construction facilities,
construction equipment, or storage of materials and equipment, and any access
needed for such additional lands, are to be obtained and paid for by the Contractor.
5.02 Existing Site Conditions
A. Subsurface and Physical Conditions; Hazardous Environmental Conditions
1. There are no reports or drawings that contain Technical Data.
2. There are no reports and drawings known to Owner relating to Hazardous
Environmental Conditions that have been identified at or adjacent to the Site.
B. Underground Facilities – The only known Underground Facilities may be piping pits
unless noted in the Supplemental Conditions.
C. No Site-related documents are available.
5.03 Site Visit and Testing by Bidders
A. Bidder is required to visit the Site and conduct a thorough visual examination of the
Site and adjacent areas sufficient to complete the bidding documents properly and
adequately. During the visit the Bidder must not disturb any ongoing operations at the
Site.
B. Bidder is not required to conduct any subsurface testing, or exhaustive investigations
of Site conditions.
C. On request, and to the extent Owner has control over the Site, and schedule
permitting, the Owner will provide Bidder general access to the Site to conduct such
additional examinations, investigations, explorations, tests, and studies as Bidder
deems necessary for preparing and submitting a successful Bid. Owner will not have
any obligation to grant such access if doing so is not practical because of existing
operations, security or safety concerns, or restraints on Owner’s authority regarding
the Site. Bidder is responsible for establishing access needed to reach specific
selected test sites.
5.04 Owner’s Safety Program
A. Site visits and work at the Site may be governed by an Owner safety program. If an
Owner safety program exists, it will be noted in the Supplementary Conditions or
included as an attachment in these Bid Documents.
5.05 Other Work at the Site
A. Reference is made to the Supplementary Conditions for the identification of the
general nature of other work of which Owner is aware (if any) that is to be performed
at the Site by Owner or others (such as utilities and other prime contractors) and
relates to the Work contemplated by these Bidding Documents.
ARTICLE 6 – BIDDER’S REPRESENTATIONS AND CERTIFICATIONS
6.01 Express Representations and Certifications in Bid Form, Agreement
A. The Bid/Agreement Form that each Bidder will submit contains express
representations regarding the Bidder’s examination of Project documentation, Site
visit, and preparation of the Bid, and certifications regarding lack of collusion or
fraud in connection with the Bid. Bidder should review these representations and
OAK BROOK - INSTRUCTIONS to BIDDERS - 5
certifications and assure that Bidder can make the representations and certifications in
good faith, before executing and submitting its Bid.
B. If the Bidder is awarded the Contract, Bidder (as Contractor) will automatically
reaffirm representations and certifications when it executes the Bid/Agreement.
ARTICLE 7 – INTERPRETATIONS AND ADDENDA
7.01 The Owner on its own initiative may issue Addenda to clarify, correct, supplement, or
change the Bidding Documents.
7.02 The Bidder shall submit all questions about the meaning or intent of the Bidding
Documents to DIXON in writing. Contact information and submittal procedures for such
questions are to be made to the Issuing Office.
7.03 Interpretations or clarifications considered necessary by DIXON and in DIXON’s sole
judgement, in response to such questions will be issued by Addenda delivered to all
registered plan holders. Questions received less than seven days prior to the date for
opening of Bids may not be answered.
A. Addenda may be electronically issued within five days of opening of Bids if Addenda
is considered clarification only.
B. The only Addenda issued within three days of the bid will be a notice to reschedule
opening of Bids, or to cancel opening of Bids. Bids already in transit will be returned
unopened or held unopened if requested by the Bidder until a new date for opening of
Bids.
7.04 Only responses set forth in an Addendum will be binding. Oral and other interpretations
or clarifications will be without legal effect. Responses to questions are not part of the
Contract Documents unless set forth in an Addendum that expressly modifies or
supplements the Contract Documents.
ARTICLE 8 – BID SECURITY
8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of ten
(10) percent of Bidder’s maximum Bid price (determined by adding the base bid and all
alternates) and in the form of a Bid bond issued by a surety meeting the requirements of
Article 6 of the General Conditions, or in the form of a Certified check made payable to
Owner. A check is considered a stopgap measure only and is to be replaced by a Bid
Bond as soon as practical. As an alternative to replacement Contractor must demonstrate
that they can procure the required Construction Bonds.
8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards
the contract to such Bidder, and such Bidder has executed the Contract, furnished the
required Contract security, and met the other Conditions Precedent of the Notice of
Award, whereupon the Bid security will be released. If the Successful Bidder fails to
execute and deliver the Contract and furnish the required Contract security (Conditions
Precedent) within 10 days after the Notice of Award, Owner may consider Bidder to be in
default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited,
in whole as a Liquidated Damage.
OAK BROOK - INSTRUCTIONS to BIDDERS - 6
8.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of
receiving the award may be retained by Owner until the earlier of 7 days after the
Effective Date of the Contract or 61 days after the Bid opening, whereupon Bid security
furnished by such Bidders will be released.
8.04 The Bid security of other Bidders that Owner believes do not have a reasonable chance of
receiving the award will be released within 7 days after the Bid opening.
8.05 Bid Bonds will not be returned, but allowed to expire sixty-one days after Bid opening,
unless notified by Owner.
8.06 Bid security in the form of a certified check have in the past been overlooked when
following Paragraphs 8.02 –8.04 permit return, without intent, because the Certified
checks were kept in a different location than the Bonds. It is the Bidder’s responsibility
to track the location and secure the return of their check.
ARTICLE 9 – CONTRACT TIMES
9.01 The number of days within which, or the dates by which, the Work is to be
(a) substantially completed and (b) ready for final payment, and (c) Milestones (if any)
are to be achieved, are set forth in the Bid/Agreement and in Project Summary.
9.02 Provisions for Liquidated Damages, if any, for failure to timely attain a Milestone,
Substantial Completion, or completion of the Work in readiness for final payment, are set
forth in the Agreement and in Project Summary.
ARTICLE 10 – SUBSTITUTE AND “OR EQUAL” ITEMS
10.01 All prices that Bidder sets forth in its Bid will be based on the presumption that the
Contractor will furnish the materials and equipment specified or described in the Bidding
Documents, as supplemented by Addenda. Any assumptions regarding the possibility of
post-Bid approvals of “or-equal” or substitution requests are made at Bidder’s sole risk.
10.02 Parity of Bids - The Technical Specifications are intended to be primarily Performance
based. There are instances where the Specifications appear to be Prescriptive.
A. As an example, in some Specifications we require dehumidification on the interior
projects to a specific humidity. That is Performance based but then DIXON specifies
a minimum size dehumidification unit, say 7,500 cfm, which may appear to be
Prescriptive. Specifying the minimum size dehumidification unit in this example is
an attempt at BID PARITY. There is no guarantee that 7,500 cfm will maintain the
required humidity level, only that all Bidders at least as a minimum include the cost
of rental and operation of that size unit.
B. It is the Contractors responsibility to supply equipment and materials as needed to
complete the project as specified.
ARTICLE 11 – SUBCONTRACTORS, SUPPLIERS, AND OTHERS
11.01 A Bidder must be prepared to retain specific Subcontractors and Suppliers for the
performance of the Work if required to do so by the Bidding Documents or in the
Specifications. If a prospective Bidder objects to retaining any such Subcontractor or
OAK BROOK - INSTRUCTIONS to BIDDERS - 7
Supplier and the concern is not relieved by an Addendum, then the prospective Bidder
should refrain from submitting a Bid.
11.02 The apparent Successful Bidder, and any other Bidder so requested, must submit to the
Owner a list of the Subcontractors or Suppliers proposed and the item of Work they are
proposed to do.
11.03 If requested by Owner, such list must be accompanied by an experience statement with
pertinent information regarding similar projects and other evidence of qualification for
each such Subcontractor or Supplier. If Owner or DIXON, after due investigation, has
reasonable objection to any proposed Subcontractor or Supplier, Owner may, before the
Notice of Award is given, request apparent Successful Bidder to submit an acceptable
substitute, in which case apparent Successful Bidder will submit a substitute.
11.04 If apparent Successful Bidder declines to make any such substitution, Owner may award
the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors and
Suppliers. Declining to make requested substitutions will constitute grounds for forfeiture
of the Bid security of any Bidder.
ARTICLE 12 – PREPARATION OF BID
12.01 The Bid/Agreement Form is included with the Bidding Documents. Additional copies are
available from the Issuing Office.
A. DIXON has combined the Bid and Agreement Form. While preparing the Bid
documents, use caution to remain in the Bid portion and not the Agreement.
B. All blanks on the Bid Form must be completed in ink and the Bid Form signed in ink.
Erasures or alterations must be initialled in ink by the person signing the Bid Form. A
Bid price must be indicated for each section, bid item, alternate, adjustment unit price
item, and unit price item listed therein.
C. If the Bid Form expressly indicates that submitting pricing on a specific alternate item
is optional, and Bidder elects to not furnish pricing for such optional alternate item,
then Bidder may enter the words “No Bid” or “Not Applicable.”
12.02 If Bidder has obtained the Bidding Documents as Electronic Documents, then Bidder is
to prepare its Bid on a paper copy of the Bid Form printed from the Electronic
Documents version of the Bidding Documents. The printed copy of the Bid Form must be
clearly legible, printed on 8½ inch by 11-inch paper and as closely identical in
appearance to the Electronic Document version of the Bid Form as may be practical. The
Owner reserves the right to accept Bid Forms which nominally vary in appearance from
the original paper version of the Bid Form, providing that all required information and
submittals are included with the Bid.
12.03 A Bid by a corporation must be executed in the corporate name by a corporate officer
(whose title must appear under the signature), accompanied by evidence of authority to
sign. The corporate address and state of incorporation must be shown.
12.04 A Bid by a partnership must be executed in the partnership name and signed by a partner
(whose title must appear under the signature), accompanied by evidence of authority to
sign. The official address of the partnership must be shown.
OAK BROOK - INSTRUCTIONS to BIDDERS - 8
12.05 A Bid by a limited liability company must be executed in the name of the firm by a
member or other authorized person and accompanied by evidence of authority to sign.
The state of formation of the firm and the official address of the firm must be shown.
12.06 A Bid by an individual must show the Bidder’s name and official address.
12.07 A Bid by a joint venture will not be accepted.
12.08 All names must be printed legibly below the signatures.
12.09 The Bid must contain an acknowledgment of receipt of all Addenda, the numbers of
which must be filled in on the Bid Form.
12.10 Postal and e-mail addresses and telephone number for communications regarding the Bid
must be shown.
12.11 The Bid must contain evidence of Bidder’s authority to do business in the state where the
Project is located, or Bidder must certify in writing that it will obtain such authority
within the time for acceptance of Bids and attach such certification to the Bid.
12.12 If Bidder is required to be licensed to submit a Bid or perform the Work in the state
where the Project is located, the Bid must contain evidence of Bidder’s licensure, or
Bidder must certify in writing that it will obtain such licensure within the time for
acceptance of Bids and attach such certification to the Bid. The Bidder’s state contractor
license number, if any, must also be shown on the Bid Form.
ARTICLE 13 – BASIS OF BID
13.01 Unit Price
A. Bidders must submit a Bid on a unit price basis for each item of Work listed in the
unit price section of the Bid Form. Where a quantity is not specified (i.e., exterior
paint), consider the quantity as one, or a lump sum line item.
B. The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid
item will be the product of the “Estimated Quantity”, which Owner or its
representative has set forth in the Bid Form, for the item and the corresponding “Bid
Unit Price” offered by the Bidder. The total of all unit price Bid items will be the sum
of these “Bid Prices”; such total will be used by Owner for Bid comparison purposes.
The final quantities and Contract Price will be determined in accordance with the
General Conditions.
C. Owner is exempt from and will not be responsible to pay, or reimburse Contractor
for, any state or local sales, use, or excise taxes. The Bid Price will include all other
applicable federal, state, and local taxes of every kind and nature applicable to the
Work as well as all taxes, contributions, and premiums for unemployment insurance,
old age or retirement benefits, pensions, annuities, or other similar benefits. Bidders
will not be entitled to any claim or right to additional compensation by reason of the
payment of any such tax, contribution, or premium.
13.02 Discrepancy in Bid and Corrections
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Discrepancies between the multiplication of units of Work and unit prices will be
resolved in favor of the math corrections. Discrepancies between the indicated sum of
any column of figures and the correct sum thereof will be resolved in favor of the correct
sum. See Schedule of Values for further determinations.
ARTICLE 14 – SUBMITTAL OF BID
14.01 The Bidding Documents include one separate unbound copy of the Bid Form and
Schedule of Values. The unbound copy of the Bid Form and Schedule of Values is to be
completed and submitted with the Bid security and the other documents required to be
submitted under the terms of Article 4 of the Bid Form. If Bidding documents were
issued electronically, it is the Bidder’s responsibility to print the Bid Form and submit as
directed above. The Bid Form is identified herein as Bid/Agreement Form but is only a
Bid Form until signed by Owner as an Agreement.
14.02 A Bid must be received no later than the date and time prescribed and at the place
indicated in the Advertisement or invitation to bid and must be enclosed in a plainly
marked package with the Project title, and, if applicable, the designated portion of the
Project for which the Bid is submitted, the name and address of Bidder, and must be
accompanied by the required Bid security and other required documents. If a Bid is sent
by mail or other delivery system, the sealed envelope containing the Bid must be
enclosed in a separate package plainly marked on the outside with the notation “BID
ENCLOSED.” A mailed Bid must be addressed to the location designated in the
Advertisement. Failure to meet the requirements of this paragraph is sufficient reason to
disqualify the bidder.
14.03 Bids received after the date and time prescribed for the opening of bids, or not submitted
at the correct location or in the designated manner, will not be accepted and may be
returned to the Bidder unopened.
ARTICLE 15 – MODIFICATION AND WITHDRAWAL OF BID
15.01 An unopened Bid may be withdrawn by an appropriate document duly executed in the
same manner that a Bid must be executed and delivered to the place where Bids are to be
submitted prior to the date and time for the opening of Bids. Dependent upon the timing
of receipt of such notice, the unopened Bid may be returned to the Bidder. If the Bid is
opened, then the Bidder must comply with Paragraph 15.03 below. There is no
guarantee that Notice is sufficient or timely if sent by text or email.
15.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial
Bid in the manner specified in Paragraph 15.01 and submit a new Bid prior to the date
and time for the opening of Bids.
15.03 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with
Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that
there was a material and substantial mistake in the preparation of its Bid, the Bidder may
withdraw its Bid, and the Bid security will be returned. If the Project is rebid, the Bidder
who withdraws their bid may be disqualified from submitting a new Bid, at the sole
discretion of the Owner.
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ARTICLE 16 – OPENING OF BIDS
16.01 Bids will be opened at the time and place indicated in the Notice to Bidders and, unless
obviously non-responsive, read aloud publicly. An abstract of the amounts of the base
Bids and major alternates, if any, will be made available to Bidders upon written request
to DIXON.
ARTICLE 17 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE
17.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form,
but the Owner may, in its sole discretion, release any Bid and allow the Bid security to
expire prior to the end of this period.
ARTICLE 18 – EVALUATION OF BIDS AND AWARD OF CONTRACT
18.01 The Owner reserves the right to reject any or all Bids, including without limitation,
nonconforming, nonresponsive, unbalanced, or conditional Bids. The Owner also
reserves the right to waive all minor Bid informalities not involving price, time, or
changes in the Work.
18.02 The Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry
and evaluation, to not be responsive.
18.03 If Bidder purports to add terms or conditions to its Bid, takes exception to any provision
of the Bidding Documents, or attempts to alter the contents of the Contract Documents
for purposes of the Bid, whether in the Bid itself or in a separate communication to
Owner or DIXON, then Owner will reject the Bid as nonresponsive.
18.04 If the Owner awards the contract for the Work, such award will be to the responsive
Bidder submitting the lowest responsive Bid as determined in the Owner’s sole and
absolute discretion.
18.05 Evaluation of Bids
A. In evaluating Bids, Owner will consider whether the Bids comply with the prescribed
requirements, and such alternates, unit prices, and other data, as may be requested in
the Bid Form or prior to the Notice of Award.
B. In the comparison of Bids, alternates will be applied in the same order of priority as
listed in the Bid Form. After determination of the Successful Bidder based on this
comparative process and on the responsiveness, responsibility, and other factors set
forth in these Instructions, the award may be made to said Successful Bidder on its
base Bid and any combination of its additive alternate Bids for which Owner
determines funds will be available at the time of award.
C. For the determination of the apparent low Bidder when unit price bids are submitted,
Bids will be compared on the basis of the total of the products of the estimated
quantity of each item and unit price Bid for that item, together with any lump sum
items.
18.06 In evaluating whether a Bidder is responsible, Owner will consider the qualifications of
the Bidder and may consider the qualifications and experience of Subcontractors and
Suppliers proposed for those portions of the Work for which the identity of
Subcontractors and Suppliers must be submitted as provided in the Bidding Documents.
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18.07 Owner may conduct such investigations as Owner deems necessary to establish the
responsibility, qualifications, and financial ability of Bidders including prequalified
Bidders, and any proposed Subcontractors or Suppliers. Prequalification by DIXON
does not guarantee that Owner after investigation will determine the same Contractor to
be qualified. The Owner’s sole determination will govern.
ARTICLE 19 – BONDS AND INSURANCE
19.01 Article 6.01 of the General Conditions, as may be modified by the Supplementary
Conditions Article SC 6.01, sets forth Owner’s requirements as to Performance, Payment,
and Maintenance bonds, and other required bonds (if any). Article 6.02 and subsequent
Articles concerning insurance and Article 7, the Indemnification requirements have been
moved to Supplemental Conditions Paragraph 6.02 and subsequent respective insurance
related Article numbers. When the Successful Bidder delivers the executed Notice of
Award to Owner, the signed Award is to be accompanied by required bonds and
insurance documentation.
19.02 DIXON has relocated the entire insurance and indemnification requirements to the
Supplemental Conditions, in one location. The Contractor, to save Award time is
recommended to forward the entire insurance section to their insurance agents each time.
ARTICLE 20 – SIGNING OF AGREEMENT
20.01 The Articles of these Instructions as prepared by EJCDC consider a formal “Closing” or
contract signing meeting. All references to a Closing, contract signing event, are
intended to be deleted. Notice of Award will be issued by Owner, all requirements of
Conditions Precedent (bonds and insurance) will be completed by contractor within 10
days after issuance of Notice of Award and forwarded to DIXON who will then compile
Contract Documents. Three sets of documents will be sent to Owner for signature and
distribution. One executed copy will be retained, one executed copy will be sent to the
Contractor and one to DIXON. There will be no meeting for signing unless required by
the Supplemental Instructions.
20.02 This Bidding Document contains a combined Bid/Agreement form. The Bidder signs
Article 1 as Bidder. The Owner will issue a Notice of Award and request Bonds and
insurance and possibly other items (Conditions Precedent). When the Conditions
Precedent are met, the Owner signs Article 2 of the Bid/Agreement making the document
an Agreement Document.
20.03 The executed copy will be accompanied by three copies of the signed Notice to Proceed.
Within five days of the date on the Notice to Proceed, the Bidder will sign the Notice to
Proceed and return a copy to DIXON. If DIXON does not receive the accepted Notice to
Proceed in five days, then the Notice to Proceed will be considered accepted by default.
The Notice to Proceed will be dated on or around the contract date. The actual contract
start date, completion date, etc. will be the same as the Effective Agreement Date, or as
noted in the Project Summary.
20.04 Notice of Award; Effective Date of Award (Effective Date of Agreement): If the
Contract is awarded by Owner, such award is to be effective when the Notice of Award