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Rev. 3/17/2026

NOTICE

ENGINEERING SERVICES CONTRACTS

Beginning with bids advertised on or after March 13, 2026, the City Paperwork will only need to be submitted ONCE PER COMPANY FOR THE DURATION OF ALL CONTRACTS WITH THE CITY.

If any information changes, IT IS THE COMPANY’S RESPONSIBILITY to notify the city and update the applicable documentation. The City Paperwork includes:

1. VENDOR REGISTRATION FORM

2. BUSINESS TAX REGISTRATION FORM

3. CHILD SUPPORT AFFIDAVIT, Notarized, and CERTIFICATION OF

SUBSTANTIAL COMPLIANCE WITH COURT-ORDERED OR ANGENCY-

ORDERED CHILD SUPPORT.

4. VENDOR UTILITY

Beginning with bids advertised on or after March 13, 2026, the FOLLOWING FORMS WILL ONLY NEED TO BE SUBMITTED ONCE IN THE CALENDAR YEAR THE PROJECT IS ADVERTISED. If any information changes, IT IS THE COMPANY’S RESPONSIBILITY to notify the city and update the applicable documentation.

1. The ANNUAL PAPERWORK PACKET, which includes:

a. EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION

b. LIVING WAGE AFFIDAVIT, UPDATED NO LATER THAN FEBRUARY 1ST

c. DEBARMENT CERTIFICATION

d. W-9

2. CERTIFICATE OF INSURANCE, naming the City of Toledo as an additional insurer & through expiration and then annually

3. BUREAU OF WORKER’S COMPENSATION CERTIFICATE, through expiration and then annually

YOUR BID SUBMITTED TO THE CITY OF TOLEDO MUST HAVE THE FOLLOWING FORMS

COMPLETED AND ATTACHED AT THE TIME OF BID SUBMISSION.

1. ODOT PROJECT PAPERWORK, which includes:

a. ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS & CONDITIONS

b. LIVING WAGE CONTRACT ADDENDUM

c. EEO CERTIFICATION

2. SIGNED COMPLETE ENGINEERING SERVICES CONTRACT (as approved by City of Toledo and substantially in the form included in the bid packet, including, without limitation, all documents referenced in this Notice)

3. TAX EXEMPTION CERTIFICATE

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Rev. 3/17/2026

4. BID GUARANTY (per TMC 187.09 – See Form per ORC 153.571, bid bond or certified check / cashier's check on a solvent bank)

FAILURE TO SUBMIT THE ABOVE FORMS COMPLETED COULD RESULT IN YOUR BID

BEING REJECTED.

THE FOLLOWING FORMS ARE REQUIRED IF YOU ARE RECOMMENDED TO BE

AWARDED THE CONTRACT:

1. PERFORMANCE BOND (MAY BE APPLICABLE PER TMC 187.28)

2. ODOT SBE AFFIRMATION FORMS ARE DUE TO ODOT IMMEDIATELY. FAILURE TO

SUBMIT THE SBE AFFIRMATIONS TO ODOT BY THE SUNDAY AT 5:00 FOLLOWING

THE BID OPENING WILL DEEM THE BID NON-RESPONSIVE.

3. ODOT C-92 form (for all SBEs)

NOTE: These forms must be provided within seven (7) business days after City’s Purchasing Division Commissioner advises you in writing (or email) of the recommendation for award.

Bid Number (PR):

Bidding Company:

Address:

Project Paperwork Page 1 of 1 12.17.25

Acknowledgment and acceptance of Terms and Conditions, Contract Specifications, Instructions To Bidders, and Bid Sheet or Request for Proposals, including all addenda

The undersigned, duly authorized representative of the Contractor submitting the accompanying bid or proposal, hereby acknowledges receipt and acceptance of all terms and conditions, contract specifications, instructions to bidders, bid sheets, or request for proposals, as the case may be, including all addenda (if any) thereto, issued by the City of Toledo that are the subject of the accompanying bid or proposal.

The undersigned agrees to clearly call out in its bid or proposal any deviations from any portion of said terms and conditions, contract specifications, instructions to bidders, bid sheets, or request for proposals, as the case may be, including all addenda.

Contractor:

Business Name:

Signature: Date:

Name & Title of Authorized Representative:

Email: Phone:

CONTRACT COMPLIANCE - DIVISION OF PURCHASING

Living Wage Contract Addendum

Chapter 187 of Toledo Municipal Code, mandates that all vendors awarded $10,000 in contracts or over $100,000 in financial assistance from the City per year meet minimum compensation levels for their employees. In addition to the requirement for completing the attached Living Wage Affidavit, this Ordinance also requires that the following two (2) paragraphs be added to all City contracts:

1. The City of Toledo Living Wage Requirements, set forth in Toledo Municipal Code 187.24(c) 187.36, 187.37, 187.39, 187.40, 187.43 apply to this contract and to all subcontracts entered for the performance of this contract. Upon notification of a violation of any of those requirements, the contractor will have thirty (30) days to bring itself and/or its subcontractors into compliance. At the end of the thirty (30) day period, if a violation exists, the City of Toledo may terminate the contract and pursue any other legal remedies. If a contractor violates the Living Wage provision a second time, all City contracts with that contractor shall automatically terminate and no new contracts shall be entered for a five

(5) year period. (See Toledo Municipal Code 187.43(c).)

2. Retaliation against any employee claiming violation of the City of Toledo Living Wage provisions is expressly prohibited. Such retaliation shall be grounds for termination of this contract and/or rejection of future bids. (See Toledo Municipal Code 187.43(d).)

In addition, the Ordinance requires each covered contractor to post and distribute twice yearly to its employees a notice in both English and Spanish, which states the following:

This employer is subject to Living Wage. Employees directly working under a City of Toledo contract, or employees working at a site or on a project to which City of Toledo financial assistance has been given, is entitled to be paid a “Living Wage” as defined by the Toledo Municipal Code.

A “Living Wage” is:

(1) $17.45* per hour or 110% of the updated federal poverty level for a family of four, plus making available single health coverage in an amount not to exceed 15% of the employee’s monthly wages;

(2) $20.63* per hour or 130% of the updated federal poverty level for a family of four for those employees not provided single coverage health benefits that do not cost the employee more than 15% of his/her monthly wages, except to those employees within an established probationary period that does not exceed sixty (60) work days.

* Rates published in this notice are based on 2026 Annual Update of the HHS Poverty Guidelines, 91 Fed. Reg. 1797

(January 15, 2026). Rates are subject to annual updates.

Employees may report violations to:

Contract Compliance, Division of Purchasing, One Government Ctr., Suite 2000, Toledo, OH 43604.

Email: contractcompliance@toledo.oh.gov.

Please have an individual authorized to bind your company to this addendum sign and date below to indicate concurrence with the above changes.

VENDOR: ______________________________________

SIGNATURE: ______________________________________

TITLE: ______________________________________

DATE: ______________________________________

mailto:contractcompliance@toledo.oh.gov

05/14/2014 Revision

Be advised that the item descriptions in the bidding proposal must be read or interpreted with the governing plan notes and the Construction and Material Specification Manual. A claim based upon an “order of precedence” basis will be denied. In the event that a conflict, either real or perceived, exists between the item description and the governing plan note, the Contractors are to request clarification through the pre-bid process.

6. FEDERALLY REQUIRED EEO CERTIFICATION FORM

The bidder hereby certifies that he has ...., has not ...., participated in a previous contract or subcontract subject to the equal opportunity clause, as required by Executive Orders 10925, 11114, or 11246, and that he has ...., has not ...., filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. The Bidder must circle the appropriate “has or has not” above.

7. PN 017 - 10/15/2004 - FEDERALLY REQUIRED EEO CERTIFICATION CLAUSE

The Federally Required EEO Certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7 (b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontractors which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.)

Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.

Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7 (b)

(1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor.

8. PN 026 - 10/15/2004 - CERTIFICATION OF NONSEGREGATED FACILITIES

(a) Certification of Nonsegregated Facilities, as required by the May 9, 1967, Order of the Secretary of

Labor (32 F.R. 7439, May 19, 1967) on Elimination of Segregated Facilities (for a Federal-aid highway construction contract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity clause).

(b) Bidders are cautioned as follows: By signing this bid, the bidder has agreed to the provisions of the

“Certification of Nonsegregated Facilities" in this proposal. This certification provides that the bidder does not maintain or provide for his employees facilities which are segregated on a basis of race, creed, color, or national origin, whether such facilities are segregated by directive or on a de facto basis. The certification also provides that the bidder will not maintain such segregated facilities.

(c) Bidders receiving Federal-aid highway construction contract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, will be required to provide for the forwarding

City of Toledo Insurance Requirements Construction Contracts Greater than $100,000

I. Contractor’s Liability Insurance

A. The Contractor shall purchase insurance from at least an A- Best rated insurance company or companies lawfully authorized to do business in Ohio. The insurance required shall be written for not less than the following minimum limits, or limits required by law, whichever is greater.

Unless otherwise specified in the contract, coverage shall be written on an occurrence basis and shall be maintained without interruption from the date of commencement of the work until twelve months (12) after the final payment.

1. Commercial General Liability

(a) $2,000,000 general aggregate limit; $2,000,000 products completed operations aggregate limit; $1,000,000 personal and advertising injury limit (per person/organization); $1,000,000 each occurrence (bodily injury and property damage)

(b) The City of Toledo, its officials, officers, and employees shall be named as additional insured, ISO form CG 20 10 (11 85) or equivalent.

(c) Any self-insured retention must be declared. At the option of the City, the Contractor shall: reduce or eliminate it with respect to the City; or, arrange a financial guarantee securing payment of losses and related investigations, claims administration and defense expenses.

(d) The Policy shall not exclude by endorsement or otherwise, explosion, collapse, and underground.

(e) The Policy shall not exclude by endorsement or otherwise, limitations relating to soil subsidence or earth movement of any kind, regardless of cause.

(f) The coverage shall contain a per project aggregate limit in the amount of $2,000,000. If not available, the Contractor shall purchase an Owners/Contractors Protective Liability Policy in the amount of $2,000,000. The City of Toledo shall be the named insured.

(g) The coverage shall not contain limitations on the scope of the protection afforded to the City.

(h) The coverage shall contain a provision stating that the insurance in place for the benefit of the City as additional insured will be primary and non-contributory to any method of payment and/or coverage maintained by the City.

2. Comprehensive Automobile Liability: Owned, non-owned, and hired vehicles

(a) $1,000,000 bodily injury and property damage per occurrence

3. Umbrella liability insurance in the amount of $5,000,000 in excess of general liability, employer’s liability, and, auto liability.

4. The limits of insurance required are separate limits; however, any combination of primary and/or umbrella/excess liability insurance may be used provided the minimum separate limits are maintained in the aggregate.

B. Certificates of Insurance acceptable to the City, and naming the City additional insured and/or loss payee, shall be filed with the City prior to commencement of the work. These certificates and the insurance policies required by this paragraph shall contain a provision stating that coverage afforded under the policies will not be canceled, or allowed to expire until at least (30) day’s prior written notice has been given to the City. An additional Certificate evidencing continuation of coverage for twelve (12) months shall be submitted with the final application for payment.

Certificates must specify the project name.

1. The Certificate of Insurance shall indicate that all coverage is provided on an occurrence basis and shall indicate the aggregate limit available for this project as of the date the Certificate is issued. Binders will be accepted as evidence of coverage for only the first 90 days, and cannot be renewed or extended beyond that time.

C. Property Insurance

1. Builder’s Risk/Installation Floater shall be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage: tools and equipment; theft; vandalism; malicious mischief; collapse;

false-work; temporary buildings; and, debris removal including demolition occasioned by enforcement of any applicable legal requirements. It shall also cover reasonable compensation for professional services and expenses, if any, required as a result of the insured loss. The City shall be named as loss payee. The Installation Floater shall contain, where applicable, Start up/hot testing coverage.

2. If the Contractor is required or elects to provide property insurance with a deductible, it shall not exceed $5,000 and the Contractor shall be responsible for the deductible without reimbursement from the City.

3. Unless otherwise provided in the Contract Documents, this property insurance shall cover portions of the Work stored off the site and/or in transit, after written approval of the City is obtained and the value established in the approval.

4. Before an exposure to loss may occur, the Contractor shall provide the City with evidence of Property Insurance. Each policy shall contain conditions, definitions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the City. Upon request, a copy of the insurance policy shall be filed with the City.

5. The Contractor, as fiduciary, shall have the power to adjust and settle a loss with the insurers unless one of the parties in interest shall object in writing within (5) five days after occurrence of loss to the Contractor's exercise of this power.

6. Partial occupancy or use of the premises shall not commence until the insurance company, or companies providing property insurance, have consented to such partial occupancy or use by endorsement or otherwise. The Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall take no action with respect to partial occupancy or use that would cause cancellation, lapse, or reduction of insurance.

II. Additional Insurance Requirements A. The Contractor waives all rights against the City, its officials, officers, and employees, for damages, however caused. The Contractor, as appropriate, shall require separate contractors, if any, and subcontractors, agents, and employees, to have Waiver of Subrogation in favor of the City, by endorsement or otherwise in their insurance policies.

B. If insurable by law, the policy shall not contain exclusionary language or limitations relating to punitive or exemplary damages, fines, or penalties.

C. The policy shall not contain exclusionary language or limitations that are applicable to the City as additional insured that are not applicable to the insured.

D. The policy shall contain a provision stating that defense costs are paid in addition to and do not deplete any policy limits.

E. If any of the insurance requirements are not complied with or not renewed at expiration as required, the City may exercise any of the following options:

1. The City may order the Contractor to cease operations until the required insurance is in force.

2. Payments to Contractor may be withheld until the requirements are met,

3. The City may pay the renewal premiums and withhold payment from any monies due the Contractor.

F. If, at any time, any of the insurance policies are, or become unsatisfactory to the City as to form or substance, or, if a company issuing any policy is, or becomes unsatisfactory to the City, the Contractor shall, upon notice from the City, promptly obtain a new policy, submit it to the City for approval, and submit a certificate of insurance that meets the requirements enumerated in this contract.

G. If the Contractor fails to furnish, deliver, and maintain the required insurance, this Contract, at the election of the City, may be declared suspended, discontinued or terminated. Failure of the Contractor to take out and/or maintain any required insurance shall not relieve the Contractor from any liability under the contract nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Contractor concerning indemnification.

H. In the event that claims are filed by reason of any operations under the contract in excess of the insured amounts, the excess amount, in total or part, may be withheld from payments due or to become due the Contractor unless the Contractor provides necessary additional security, that is acceptable to the City, to cover the claims.

I. Any failure to comply with reporting provisions of the policies of the Contractor shall not affect the terms and conditions of the contract with the City.

J. The Contractor expressly understands that the insurance requirements as outlined above are minimum requirements to be met under this contract and do not in any manner represent that the limits, coverage, or policy forms are sufficient or adequate to protect the interest or liabilities of the Contractor and/or subcontractors.

K. If the Contractor is out of business or otherwise unavailable at the time a claim is presented to the City, the Contractor assigns all if its right, title and interest (but not any liabilities or obligations) under any applicable policies of insurance to the full extent permitted by law.

Rev. 2/22/08

BID GUARANTY

(OHIO REV. CODE § 153.571)

KNOW ALL PERSONS BY THESE PRESENTS:

That we, the undersigned as principal and as Sureties, are held and firmly bound unto the City of Toledo, as obligee in the penal sum equal to five percent (5%) of the dollar amount of the bid submitted by the principal to the obligee on , 20 to undertake the project known as .

The penal sum referred to herein shall be five percent (5%) of the dollar amount of the principal’s bid to the obligee, incorporating any additive or deductive alternate bids made by the principal on the date referred to above to the obligee, which are accepted by the obligee. In no case shall the penal sum exceed the amount of two hundred thousand dollars ($200,000). For the payment of the penal sum well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns.

THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that whereas the above named principal has submitted a bid for the above described project;

Now, therefore, if the obligee accepts the bid of the principal and the principal fails to enter into a proper contract in accordance with the bid, plans, details, specifications, and bills of material; and in the event the principal pays to the obligee the difference not to exceed the penal sum hereof between the amount specified in the bid and such larger amount for which the obligee may in good faith contract with the next lowest bidder to perform the work covered by the bid; or in the event the obligee does not award the contract to the next lowest bidder and resubmits the project for bidding, the principal pays to the obligee the difference not to exceed two-hundred thousand dollars ($200,000) or the amount of the penal sum, whichever is less, then this obligation shall be null and void, otherwise to remain in full force and effect; if the obligee accepts the bid of the principal and the principal within the required time enters into a proper contract in accordance with the bid, plans, details, specifications, and bills of material, which said contract is made a part of this bond the same as though set forth herein;

Now also, if the said principal shall well and faithfully do and perform the things agreed by Owner to be done and performed according to the terms of said contract; and shall pay all lawful claims of subcontractors, material suppliers, and laborers, for labor performed and materials furnished in the carrying forward, performing, or completing of said contract; we agreeing and assenting that this undertaking shall be for the benefit of any material suppliers or laborer having a just claim, as well as for the obligee herein; then this obligation shall be void; otherwise the same shall remain in full force and effect; it being expressly understood and agreed that the liability of the surety for any and all claims hereunder shall in no event exceed the penal amount of this obligation as herein stated.

The said surety hereby stipulates and agrees that no modifications, omissions, or additions, in or to the terms of the said contract or in or to the plans or specifications therefore shall in any wise affect the obligations of said surety on its bond.

The Surety hereby waives notice of any alteration or extension of time made by the City of Toledo.

Signed this day of , 20 .

IN THE PRESENCE OF:

(Principal)

(Witness) (Title)

(Surety)

(A properly executed power of attorney showing the authority of the person or persons executing the Bond for the Surety or Sureties at the date of the Bond must be submitted with this bond.

SAMPLE

Rev. 2/22/08

PERFORMANCE BOND

(OHIO REV. CODE § 153.571)

KNOW ALL PERSONS BY THESE PRESENTS:

That we, the undersigned as principal, herein called the Contractor, and as Sureties, herein called Surety, are held and firmly bound unto the City of Toledo, as Owner and obligee and the State of Ohio Department of Transportation, as obligee in the penal sum equal to the amount of the bid price of

__________________________________Dollars ($_______________) to undertake the project known as

The penal sum referred to herein shall be one hundred (100%) of the dollar amount of the principal’s bid to the obligee, incorporating any additive or deductive alternate bids made by the principal on the date referred to above to the obligee, which are accepted by the obligee. For the payment of the penal sum well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns.

THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that whereas the above named principal did on the ____________ day of _____________, 20__, bid on a contract with the City of Toledo, which said contract is made a part of this bond the same as though set forth herein;

If the said principal shall well and faithfully do and perform the things agreed by Owner to be done and performed according to the terms of said contract; and shall pay all lawful claims of subcontractors, material suppliers, and laborers, for labor performed and materials furnished in the carrying forward, performing, or completing of said contract; we agreeing and assenting that this undertaking shall be for the benefit of any material suppliers or laborer having a just claim, as well as for the obligee herein; then this obligation shall be void; otherwise the same shall remain in full force and effect; it being expressly understood and agreed that the liability of the surety for any and all claims hereunder shall in no event exceed the penal amount of this obligation as herein stated.

The said surety hereby stipulates and agrees that no modifications, omissions, or additions, in or to the terms of the said contract or in or to the plans or specifications therefore shall in any wise affect the obligations of said surety on its bond.

The Surety hereby waives notice of any alteration or extension of time made by the City of Toledo.

Signed this day of , 20 .

IN THE PRESENCE OF:

(Principal)

(Surety)

(A properly executed power of attorney showing the authority of the person or persons executing the Bond for the Surety or Sureties at the date of the Bond must be submitted with this bond.

SAMPLE

II. Additional Insurance Requirements