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2 OVERVIEW Documents organized in accordance with Construction Specification Institute Table of Contents Relationship between Division 0 and Division 1 ODOT and City Supplement 2

3 INSTRUCTION TO BIDDERS

4 INSTRUCTION TO BIDDERS Pg. 4 G. PREPARATION OF BIDS

5 INSTRUCTION TO BIDDERS Pg. 4 G. PREPARATION OF BIDS

6 INSTRUCTION TO BIDDERS Pg. 4 G. PREPARATION OF BIDS

7 UNIT PRICE SHEET

8 INSTRUCTION TO BIDDERS Pg. 4 G. PREPARATION OF BIDS

9 TOTAL BID SUMMARY

10 INSTRUCTION TO BIDDERS Pg. 4 G. PREPARATION OF BIDS

11 OFFICIAL BID FORM

12 INSTRUCTION TO BIDDERS Pg. 4 G. PREPARATION OF BIDS

13 BIDDER S AFFIDAVIT Pg

14 INSTRUCTION TO BIDDERS Pg. 4 G. PREPARATION OF BIDS

15 SBE GOAL COMPLIANCE PLAN

16 INSTRUCTION TO BIDDERS Pg. 4 G. PREPARATION OF BIDS

17 BID GUARANTEE & CONTRACT BOND

18 BID GUARANTEE & CONTRACT BOND

19 CERTIFIED CHECK FORM

20 INSTRUCTION TO BIDDERS Pg. 4 G. PREPARATION OF BIDS

21 ADDENDA ACKNOWLEDGEMENT FORM

22 INSTRUCTION TO BIDDERS Pg. 4 G. PREPARATION OF BIDS

23 CONTRACTOR S QUALIFICATION STATEMENT

24 INSTRUCTION TO BIDDERS Pg. 4 G. PREPARATION OF BIDS

25 INSTRUCTION TO BIDDERS Pg. 4 G. PREPARATION OF BIDS

26 INSTRUCTION TO BIDDERS Pg. 5 G. PREPARATION OF BIDS

27 27 INSTRUCTION TO BIDDERS Pg. 5 G. PREPARATION OF BIDS - COMBINATION BIDS (G.7.g.1.a and b) When combination bid option available on Bid Form, Bidder submitting combination bid for two or more bid packages shall include following on Bid Form: 1. Combination bid amount, identifying bid packages combined 2. Separate base bids for each bid package, including alternates, indicated on combination bid Note: Individual cost amounts of each base bid need not total combination bid amount and 6

28 INSTRUCTION TO BIDDERS p.7 METHOD OF AWARD

29 INSTRUCTION TO BIDDERS p.7 (H.2) City reserves rights to: Reject any and all bids Waive technicalities in Contract Documents Advertise for new bids METHOD OF AWARD Accept any bid deemed most favorable to City, if in judgment of City purchasing agent, City Manager or duly authorized contracting officer (Director of MSDGC for waste water projects), it is in best interests of City

30 INSTRUCTION TO BIDDERS p.7 METHOD OF AWARD (H.3) Determination of Lowest and Best Bid may include consideration of: Qualifications of Bidders Compliance of bids with prescribed requirements Any requested alternatives and unit prices Qualifications and experience of suppliers and distributors Investigations, as deemed necessary, to establish responsibility, qualifications and financial ability of Bidders, proposed distributors and material suppliers, and others to perform work

31 INSTRUCTION TO BIDDERS p.9 METHOD OF AWARD - SUBMITTAL OF DOCUMENTS

32 CONTRACT BOND

33 INSTRUCTION TO BIDDERS p.9 METHOD OF AWARD - SUBMITTAL OF DOCUMENTS

34 CONTRACTOR S PERSONAL PROPERTY TAX AFFIDAVIT

35 INSTRUCTION TO BIDDERS p.9 METHOD OF AWARD - SUBMITTAL OF DOCUMENTS

36 DECLARATION REGARDING MATERIAL ASSISTANCE/NONASSISTANCE TO A TERRORIST ORGANIZATION

37 INSTRUCTION TO BIDDERS p.9 METHOD OF AWARD - SUBMITTAL OF DOCUMENTS

38 SUBCONTRACTOR INFORMATION FORM

39 INSTRUCTION TO BIDDERS p.9 METHOD OF AWARD - SUBMITTAL OF DOCUMENTS

40 INSTRUCTION TO BIDDERS p.9 METHOD OF AWARD

41 INSTRUCTION TO BIDDERS p.10 METHOD OF AWARD - AWARD AND CANCELLATION OF CONTRACT

42 INSTRUCTION TO BIDDERS p.10 SUBSTITUTION/NON-SPECIFIED PRODUCTS

43 INSTRUCTION TO BIDDERS p.10 SUBSTITUTION/NON-SPECIFIED PRODUCTS (J.3) Bidders on prime contracts wanting approval of non-specified products must submit written request to City at least 10 days before bid date Substitution Form is included in Bid Documents City s decision of approval of a proposed product will be final (J.4) When City approves a substitution before receipt of bids, approval will be included in an Addendum so other Bidders can include pricing of product in the Bids Bidders cannot rely on approvals made in any other manner Substitution not approved until included in an approved Addendum

44 SUBSTITUTION FORM

45 CITY CONTRACTOR AGREEMENT

46 CITY-CONTRACTOR AGREEMENT p

47 CITY-CONTRACTOR AGREEMENT p

48 CITY-CONTRACTOR AGREEMENT p

49 CITY-CONTRACTOR AGREEMENT p.3 COMPLETION AND COORDINATION

50 CITY-CONTRACTOR AGREEMENT p.3 COMPLETION AND COORDINATION

51 CITY-CONTRACTOR AGREEMENT p.3 COMPLETION AND COORDINATION

52 CITY-CONTRACTOR AGREEMENT p.3 COMPLETION AND COORDINATION

53 CITY-CONTRACTOR AGREEMENT p.3 COMPLETION AND COORDINATION

54 CITY-CONTRACTOR AGREEMENT p.4 LIQUIDATED DAMAGES

55 CITY-CONTRACTOR AGREEMENT p.4 LIQUIDATED DAMAGES

56 CITY-CONTRACTOR AGREEMENT p.4 LIQUIDATED DAMAGES

57 CITY-CONTRACTOR AGREEMENT p.5 CONSENT DECREE DAMAGES AND/OR PENALTIES

58 CITY-CONTRACTOR AGREEMENT p.5 CONSENT DECREE DAMAGES AND/OR PENALTIES

59 CITY-CONTRACTOR AGREEMENT P. 5 CONTRACT SUM

60 60 GENERAL CONDITIONS

61 GENERAL CONDITIONS 61 EJCDC GC-1

62 GENERAL CONDITIONS 1.03 CONTRACT ASSIGNMENT 62 EJCDC GC-9

63 GENERAL CONDITIONS 1.03 CONTRACT ASSIGNMENT 1.03.A Contract Assignment Assignment to General Trades Contractor 1. City may assign its rights from the Assigned Contractor(s) to the General Trades Contractor 2. The General Trades Contractor shall accept responsibility for Assigned Contractor s performance and be fully responsible for liquidated damages for failure to timely perform assigned work 3. All coordination, administration, and costs associated with General Trades Contractor s responsibilities for administration of Assigned Contracts to be included in General Trades Contractor s bid 4. General Trades Contractor to indemnify City for interest paid for failure to promptly pay Assigned Contractor(s) 63 EJCDC GC-9

64 GENERAL CONDITIONS 1.03 CONTRACT ASSIGNMENT 1.03.B Contract Assignment Assigned Contractors Assigned Contractor(s) shall execute Assigned Contractor Acknowledgement of Assignment Assigned Contractors shall accept assignment and perform under Assigned Contracts all duties and responsibilities imposed by Contract Documents 64 EJCDC GC-9

65 MANAGING CONTRACTOR ASSIGNMENT AGREEMENT

66 ASSIGNED CONTRACTOR ACKNOWLEDGMENT OF ASSIGNMENT

67 GENERAL CONDITIONS 1.03 CONTRACT ASSIGNMENT C Bid Guaranty, Performance and Payment Bond Bid guarantee of Bidder for contract designated for status as either General Trades Contractor or Assigned Contractor guarantees Bidder will accept assignment General Trades Contractor shall furnish a new, revised Contract Performance and Payment Bond in an amount equal to General Trades Contractor s bid plus sum of bids of all Assigned Contractors assigned to the General Trades Contractor All Assigned Contractors shall furnish to General Trades Contractor a new, revised Contract Performance and Payment Bond in an amount equal to Assigned Contractor s bid, naming General Trades Contractor as Obligee EJCDC GC-10

68 GENERAL CONDITIONS ARTICLE 2 PRELIMINARY MATTERS 68 EJCDC GC-10

69 GENERAL CONDITIONS ARTICLE 2 PRELIMINARY MATTERS 69 EJCDC GC-10

70 GENERAL CONDITIONS ARTICLE 3 CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 70 EJCDC GC-12

71 GENERAL CONDITIONS ARTICLE 5- BONDS AND INSURANCE 5.01.D Material Default or Termination Surety to complete investigation of claim by City of material default by Contractor within 21 days of City s notice Surety should start looking for a replacement contractor Surety shall promptly visit offices of Contractor and City to inspect and copy Project records Contractor and City to make records available during regular business hours upon surety s written request City making records available to Surety satisfies City s obligation to furnish documents to Surety for investigation Surety shall provide City with results of investigation, including any written report or documents 71 EJCDC GC-16

72 72 GENERAL CONDITIONS ARTICLE 5- BONDS AND INSURANCE 5.01.D Material Default or Termination (cont d) Surety to complete investigation of claim by City of material default by Contractor within 21 days If City terminates Contract and surety proposes take over, must do so no later than later of expiration of 21-day investigation period or 10 days after date of City s termination If surety proposes providing replacement contractor, such contractor must be fully capable of performing the Work in accordance with Contract Documents If contractor terminated for cause, replacement contractor shall not be contractor or its employees without written agreement of City If surety takes over, surety s obligations not limited to Bond amount If surety fails to propose an acceptable contractor, City may complete Work by such means as it deems appropriate If City agrees to accept replacement contractor, such contractor must furnish own bond for its scope of work and contractor and surety not relieved from obligations under Contract Documents EJCDC GC-16

73 GENERAL CONDITIONS ARTICLE 5- BONDS AND INSURANCE 73 EJCDC GC-17

74 74 GENERAL CONDITIONS ARTICLE 5- BONDS AND INSURANCE 5.04.B.2.A. Minimum limits of liability 1) Commercial General Liability - $1,000,000 each occurrence and $2,000,000 aggregate 2) Automobile Liability - $1,000,000 per person and $1,000,000 each accident 3) Supplemental Umbrella Policy on an occurrence basis providing additional coverage in total amount of: $1,000,000 for each occurrence and $1,000,000 aggregate for Contract Price of $250,000 or less $2,000,000 each occurrence and $2,000,000 aggregate for Contract Price greater than $250,000 but less than or equal to $500,000 $3,000,000 each occurrence and $3,000,000 aggregate for Contract Price greater than $500,000 but less than or equal to $1,000,000 $5,000,000 each occurrence and $5,000,000 aggregate for Contract Price greater than $1,000,000 EJCDC GC-18

75 GENERAL CONDITIONS ARTICLE 5- BONDS AND INSURANCE 75 EJCDC GC-19

76 GENERAL CONDITIONS ARTICLE 5- BONDS AND INSURANCE 76 EJCDC GC-20

77 GENERAL CONDITIONS ARTICLE 6- CONTRACTOR S RESPONSIBILITY 77 EJCDC GC-22

78 GENERAL CONDITIONS ARTICLE 6- CONTRACTOR S RESPONSIBILITY 6.04 Construction Progress Schedule 78 EJCDC GC-22

79 GENERAL CONDITIONS ARTICLE 6- CONTRACTOR S RESPONSIBILITY 79 EJCDC GC-26

80 GENERAL CONDITIONS ARTICLE 6- CONTRACTOR S RESPONSIBILITY 80 EJCDC GC-26

81 GENERAL CONDITIONS ARTICLE 6- CONTRACTOR S RESPONSIBILITY 81 EJCDC GC-27

82 GENERAL CONDITIONS ARTICLE 6- CONTRACTOR S RESPONSIBILITY 82 EJCDC GC-27

83 GENERAL CONDITIONS ARTICLE 6- CONTRACTOR S RESPONSIBILITY 83 EJCDC GC-27

84 GENERAL CONDITIONS ARTICLE 6- CONTRACTOR S RESPONSIBILITY 84 EJCDC GC-27

85 GENERAL CONDITIONS ARTICLE 6- CONTRACTOR S RESPONSIBILITY 85 EJCDC GC-27

86 GENERAL CONDITIONS ARTICLE 10 CHANGES IN THE WORK; CLAIMS

87 REFERENCE FORMS (SECTION ) CHANGES TO THE WORK

88 GENERAL CONDITIONS ARTICLE 10 CHANGES IN THE WORK; CLAIMS Claims B. Claims Submittal Procedure 1. Notice of Claim by City Condition precedent to change in Contract Price or Contract Time or recovery of damages against Contractor City must give written notice to Contractor and substantiate City s claim 2. Notice of Claim by Contractor Condition precedent to change in Contract Price or Contract Time or recovery of damages by Contractor Contractor must give written notice to MSD Document Control within reasonable time, not to exceed 15 calendar days from start of event giving rise to claim Contractor must substantiate its claim and provide sufficient detail to enable investigation Must conspicuously state NOTICE OF CLAIM EJCDC GC-30

89 GENERAL CONDITIONS ARTICLE 10 CHANGES IN THE WORK; CLAIMS Claims B. Claims Submittal Procedure (cont d) 3. Statement of Claim Contractor s delivery of a fully completed Statement of Claim form to MSD Document Control is also a condition precedent Must submit within 15 calendar days from submission of Notice of Claim or within 30 days of the start of the event giving rise to the Claim, whichever occurs first 89 EJCDC GC-30

90 TIMELINE OF NOTICE OF CLAIM Event Written Notice of Claim 15 day maximum 15 day maximum day maximum Statement of Claim

91 STATEMENT OF CLAIM FORM

92 GENERAL CONDITIONS ARTICLE 10 CHANGES IN THE WORK; CLAIMS C and D Claims - The City s Action City will review and take written action on Claim within 45 calendar days after receipt of Statement of Claim Deny Claim in whole or in part, or Approve Claim City s failure to take action on Claim within such 45 days is deemed denial of Claim 92 EJCDC GC-30 and 31

93 GENERAL CONDITIONS ARTICLE 10 CHANGES IN THE WORK; CLAIMS G Claims - False or Fraudulent Claim Contractor shall not knowingly present or cause to be presented a false or fraudulent claim Knowingly defined as in Section 3729(b) USC of the False Claims Act Contractor liable to City for same civil penalty and damages as US Government entitled to under False Claims Act Contractor shall indemnify and hold City harmless for all costs and expenses incurred in investigating Claim, defending against Claim, and in pursuing penalty, damages, fees and costs 93 EJCDC GC-31

94 GENERAL CONDITIONS ARTICLE 10 CHANGES IN THE WORK; CLAIMS H Claims - Claim Documentation Within 10 calendar days of City s written request, Contractor to make available all books, records or other documents in its possession or to which it has access Contractor s daily logs/reports, original estimates of Work and applicable agreements, correspondence, accounting records, etc. from which Contractor s costs may be derived Condition precedent to any further proceeding under the Contract Documents or payment of an Application for Payment Failure to provide is material breach and Contractor shall indemnify City for all costs, losses, and damages due to such failure 94 EJCDC GC-31

95 GENERAL CONDITIONS ARTICLE 12 CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 95 EJCDC GC-34

96 GENERAL CONDITIONS ARTICLE 12 CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 96 EJCDC GC-34

97 GENERAL CONDITIONS ARTICLE 12 CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 97 EJCDC GC-34

98 GENERAL CONDITIONS ARTICLE 12 CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 98 EJCDC GC-34

99 12.03 Delays A.2 Weather Delays GENERAL CONDITIONS ARTICLE 12 CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 99 EJCDC GC-35

100 12.03 Delays GENERAL CONDITIONS ARTICLE 12 CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 100 EJCDC GC-35

101 GENERAL CONDITIONS ARTICLE 13 TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 101 EJCDC GC-36

102 GENERAL CONDITIONS ARTICLE 13 TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 102 EJCDC GC-36 and 37

103 GENERAL CONDITIONS ARTICLE 14 PAYMENTS TO CONTRACTOR AND COMPLETION 103 EJCDC GC-37

104 CONTRACTOR S PAYMENT APPLICATION CHECKLIST

105 CONTRACTOR S PAYMENT APPLICATION CHECKLIST

106 CONTRACTOR S AFFIDAVIT WITH LIST OF SUBCONTRACTORS AND SUPPLIERS WITH ANY AMOUNTS WITHHELD

107 CONTRACTOR S AFFIDAVIT WITH LIST OF SUBCONTRACTORS AND SUPPLIERS WITH ANY AMOUNTS WITHHELD

108 CONTRACTOR S PAYMENT APPLICATION CHECKLIST

109 CONTRACTOR S WAIVER AND RELEASE AFFIDAVIT

110 CONTRACTOR S PAYMENT APPLICATION CHECKLIST

111 SUBCONTRACTORS SUPPLIERS WAIVER & RELEASE AFFIDAVIT

112 CONTRACTOR S PAYMENT APPLICATION CHECKLIST

113 CONTRACTOR S PAYMENT APPLICATION CHECKLIST 6. FOR MATERIALS AND EQUIPMENT STORED OFF-SITE:

114 CONTRACTOR S PAYMENT APPLICATION CHECKLIST

115 AFFIDAVIT OF CONTRACTOR OR SUBCONTRACTOR PREVAILING WAGE

116 CONTRACTOR S PAYMENT APPLICATION CHECKLIST

117 GENERAL CONDITIONS ARTICLE 14 PAYMENTS TO CONTRACTOR AND COMPLETION 117 EJCDC GC-39

118 GENERAL CONDITIONS ARTICLE 14 PAYMENTS TO CONTRACTOR AND COMPLETION 118 EJCDC GC-39

119 GENERAL CONDITIONS ARTICLE 16 DISPUTE RESOLUTION A. Settlement, Methods and Procedures If Contractor files Claim City entitled to make offer of settlement any time up to trial date Any offer of settlement not admissible into evidence except on issue of entitlement to attorneys fees, costs and expenses If at any stage of litigation Claim is dismissed or found to be without merit, or damages awarded to Contractor do not exceed City s offer of settlement, Contractor liable to City for all attorneys fees, costs and expenses from date of offer of settlement until date of final adjudication and resolution of Claim Any litigation to be filed in County of Common Pleas for Hamilton County 119 EJCDC GC-41 and 42

120 120 QUESTIONS?