2-Project Manual.pdf

CITY OF WESTERVILLE

ELECTRIC DIVISION

Project Manual for the

2025 CABLE REPLACEMENT PROJECT

Project No. 2025-301

Project Type: Request for Bids (RFB)

Bid Closing Date and Time Tuesday, September 23, 2025

3:00 PM

Submit To:

Electronic Submissions https://westerville.bonfirehub.com/opportunities/198269

The Q&A period for this opportunity ends: 3:00 PM (local time) on September 16, 2025.

Point of Contact for Written Questions:

Neal Aungst Electrical Engineer Electric Division Bids@westerville.org

2025 CABLE REPLACEMENT PROJECT

PROJECT NO. 2025-301

ADMINISTRATIVE OFFICIALS

Monica Dupee City Manager Matt Yoder Director of Finance Andrew Winkel Director of Law Dave Efland Director of Planning &

Development Grant Crawford Director of Public Service Chris Monacelli

Electric Utility Manager

MEMBERS OF COUNCIL

Michael Heyeck Council Chair Megan Reamsnyder Vice-Chair Kenneth L. Wright Mayor Coutanya Coombs Vice-Mayor Aaron Glasgow Member David Grimes Member Jeff Washburn Member

August 27, 2025

139 EAST BROADWAY AVENUE

WESTERVILLE, OHIO 43081

TABLE OF CONTENTS

BIDDING REQUIREMENTS AND FORMS PAGE

Bidders Checklist Notice to Bidders Information to Bidders Prevailing Wage Rates Experience Record Subcontractors Bid Guaranty ……. ............................................................................................................................... … 20 Recommended Bid Guaranty Form Bid Schedule

CONTRACT FORMS PAGE

Noncollusion Affidavit Personal Property Tax Affidavit Agreement Fiscal Officer’s Statement Performance Bond and Payment Bond

GENERAL PROVISIONS PAGE

101 Definitions and Terms 102 Bidding Requirements and Conditions 103 Award and Execution of Contract 104 Scope of Work/Changes 105 Control of Work 106 Control of Material 107 Legal Relations and Responsibility to Public 108 Prosecution and Progress of Work 109 Acceptance, Measurement, and Payment

SPECIAL PROVISIONS PAGE

SP 1 Construction Schedule Constraints SP 2 Digital Video Recording SP 3 Maintenance of Services and Access SP 4 Utility Coordination SP 5 Haul Routes SP 6 Contractor Coordination SP 8 Use of City Water

SUPPLEMENTAL SPECIFICATIONS PAGE

12000 General Notes 12614 Maintenance of Traffic 12653 Processed Topsoil Furnished and Placed 12659 Site Restoration (Seeding, Mulching, Watering) 13000 Summary of Electrical Work 13010 Electrical Unit Prices 13020 Earthwork 13310 Conduit, Directional Bored 13350 Flexible Conduit – Communications

APPENDIX PAGE

Functional Class Plan

BIDDING REQUIREMENTS

AND FORMS

BIDDERS CHECKLIST

BIDDERS are urged to complete this checklist to confirm that all required documents are included with their BID. Failure to submit the listed documents may result in disqualification of the BID.

Name Type # Files Requirement Included with BID

Provide Later

Bid Guaranty (Surety Company signature required)

File Type:

PDF (.pdf)

1 Required

Bid Schedule

(BIDDER

signature required)

File Type:

PDF (.pdf)

1 Required

Experience Record

File Type:

PDF (.pdf)

1 Optional (needed within two (2) business days of the closing time)

Subcontractors Form

File Type:

PDF (.pdf)

1 Optional (needed within two (2) business days of the closing time)

Noncollusion Affidavit

File Type:

PDF (.pdf)

1 Optional (needed prior to the issuance of the NOTICE

TO PROCEED)

Personal Property Tax Affidavit

File Type:

PDF (.pdf)

1 Optional (needed prior to the issuance of the NOTICE

TO PROCEED)

NOTICE TO BIDDERS

Bids for the construction of the 2025 Cable Replacement Project (Project No. 2025-301), will be received by the City of Westerville, Ohio until the closing date and time of 3:00 p.m. (local time) on Tuesday, September 23, 2025 and will be publicly opened and read immediately thereafter.

The WORK in accordance with the CONTRACT DOCUMENTS, dated August 27, 2025, and any addenda thereto, includes: The furnishing and installation of 3” Schedule 40 PVC Bore-Gard conduit, 1-1/4” Schedule 40 HDPE flexible conduit, pull boxes, and tracer wire. Westerville Electric Division will provide 1/0 aluminum 15-kV cable for installation by the CONTRACTOR.

ENGINEER’S ESTIMATE for this PROJECT: $650,000

Electronic CONTRACT DOCUMENTS are available at no cost via the CITY’s Bonfire Procurement Portal at: https://westerville.bonfirehub.com/opportunities/198269 . Vendors new to the CITY’s Bonfire Procurement Portal will need to create a FREE Bonfire account.

All bids must be accompanied by a BID GUARANTY. The recommended form of BID GUARANTY is a BID GUARANTY and CONTRACT Bond in the full amount of the bid, including all add alternates, as prescribed by Section 153.571 of the Ohio Revised Code. Other acceptable forms of BID GUARANTY include a bid bond equal to ten percent (10%) of the bid plus all add alternates. Bid security issued in bond form, shall be issued by a Surety Company or Corporation licensed in the State of Ohio to provide said surety.

If the BID is accepted, a CONTRACT must be executed and a satisfactory Performance/Payment Bond furnished, conditioned according to law in the amount of one hundred percent (100%) of the CONTRACT price, within ten (10) days after notice of award. Sureties on all bonds must be satisfactory to the CITY.

The PROJECT is subject to Chapter 4115 of the Ohio Revised Code regarding Prevailing Rates of Wages.

No BIDDER may withdraw their BID for a period of 60 days after the actual BID closing date and time.

The CITY reserves the right not to award a contract and to reject any or all BIDS and to waive any informalities and irregularities. Subject to the right of the CITY not to award a contract and to reject any or all BIDS, the CITY will award a Contract to the BIDDER submitting the lowest and best BID, taking into consideration accepted alternates.

Point of Contact for Written Questions:

Neal Aungst Electrical Engineer Electric Division Bids@westerville.org

Advertise: August 27, 2025 mailto:Bids@westerville.org

INFORMATION TO BIDDERS

PREPARATION AND DELIVERY OF BIDS

BIDS will be received by the CITY of Westerville, Ohio herein called the OWNER, until the closing date and time of 3:00 p.m. (local time), Tuesday, September 23, 2025.

BIDS must be submitted in electronic format only in accordance with the below submission instructions.

Submission Instructions for Electronic BIDS

Electronic BIDS must be uploaded at:

https://westerville.bonfirehub.com/opportunities/198269

Please review the BIDDERS CHECKLIST and note the type and number of files allowed. The maximum upload file size is 1000 MB.

Please do not embed any documents within your uploaded files, as they will not be accessible or evaluated.

You will not be able to prepare a submission unless you submit ‘Yes’ for your intent to Bid.

As uploading large documents may take significant time, depending on the size of the file(s) and Internet connection speed, it is recommended that the BIDDER allow sufficient time before closing time to begin the upload process and finalize their submission.

Each item of requested information will only be visible to the OWNER after the closing time.

The BIDDER will receive an email confirmation receipt with a unique confirmation number once they finalize their submission.

Minimum system requirements: Microsoft Edge, Google Chrome, or Mozilla Firefox. Javascript must be enabled. Browser cookies must be enabled.

Need Help with an Electronic Submission?

The City of Westerville uses a Bonfire portal for accepting BIDS digitally. Please contact Bonfire at Support@GoBonfire.com for technical questions related to your submission or contact the CITY’s Procurement Manager at Thomas.Patterson@westerville.org for general questions related to your submission.

General Instructions for Electronic BIDS

All BIDS must be submitted on the BID forms provided and receipt of any addenda should be indicated.

All blank spaces shall be filled in, in ink or typed, in figures. The BIDDER shall provide unit prices and/or mailto:support@gobonfire.com mailto:Thomas.Patterson@westerville.org lump sum prices on the BID SCHEDULE form. Each BIDDER must bid on all items and Alternates contained in the BID SCHEDULE. BIDDERS may download an electronic copy of the BID SCHEDULE in MS Excel format from the Project Portal. All BIDS not in conformity with this notice may be considered informal and may be rejected. Failure to furnish all information requested on the BID SCHEDULE or other documents requested may result in disqualification of the bid.

It is the sole responsibility of the BIDDER to see that their BID is received by the proper time.

BIDDERS are urged to submit with their BID a completed Experience Record form and completed Subcontractors form.

INTERPRETATION OF QUANTITIES

When Unit Prices are requested on the BID SCHEDULE, the quantities listed are to be considered approximate and are to be used only for the comparison of the BIDS and as a basis for computing amounts of security of penal sums of BONDS to be furnished. The unit prices to be tendered by the BIDDERS are to be tendered expressly for the scheduled quantities and they may be increased or decreased by duly authorized CHANGE ORDER.

Unless otherwise specified in the CONTRACT DOCUMENTS, the Lump Sum Prices and Unit Prices set forth shall include all materials, equipment, labor, delivery, installation, overhead, profit, and any other cost or expense, in connection with or incidental to, the performance of that portion of the WORK to which the prices apply.

Where there is a conflict between the Unit Price and the extension thereof, the Unit Price shall govern and the correct extension of such Unit Price shall be made and such corrected extension shall be used in comparing BIDS.

It is understood that the scheduled quantities of WORK to be done and materials to be furnished may increase, decrease or be deleted entirely after execution of the Agreement.

Payments, except for lump sum BIDS, and except for lump sum items in unit price BIDS, will be made to the CONTRACTOR for the actual quantities only of WORK performed or materials furnished in accordance with the CONTRACT DOCUMENTS.

The successful BIDDER will be further required to furnish the OWNER with a complete breakdown of the labor and material costs associated with unit prices and/or lump sum BID items, to the satisfaction of the ENGINEER, before beginning construction. The unit price and/or lump sum breakdown shall be in sufficient detail to provide a check of claims for partial payment requests.

EXAMINATION OF CONTRACT DOCUMENTS AND WORK SITE

The BIDDER is required to examine carefully the site of the WORK, the BID SCHEDULE, PLANS and SPECIFICATIONS, and to read and acquaint oneself with the Agreement form for the WORK contemplated. The BIDDER, in submitting a BID, warrants that the BIDDER has investigated and is acquainted with the conditions to be encountered for performing the WORK including the character, quality, and quantities of WORK to be performed and materials to be furnished, and the requirements of the CONTRACT DOCUMENTS hereinafter defined. It is mutually agreed that submission of a BID shall be considered satisfied as to all the conditions which will affect the WORK.

CONSTRUCTION AND MATERIAL SPECIFICATIONS

The City of Westerville requirements, as adopted by Ordinance 2023-05, the 2018 edition of the City of Columbus Construction and Materials Specifications (COLS) and the 2023 edition of the State of Ohio Department of Transportation Construction and Material Specifications (ODOT), where referenced, including all supplements, shall govern this WORK except as herein modified by the SUPPLEMENTAL SPECIFICATIONS. Notwithstanding the foregoing, the General Provisions, Section 100 of these COLS specifications, are not applicable to this PROJECT except where specifically referenced.

INTERPRETATION

The CONTRACT DOCUMENTS contain the provisions required for the construction of the PROJECT.

Information obtained from an officer, agent, or employee of the OWNER or any other person shall not affect the risks or obligations assumed by the CONTRACTOR or relieve the CONTRACTOR from fulfilling any of the conditions of the CONTRACT.

If any person contemplating submitting a BID for the proposed PROJECT is in doubt as to the true meaning of any part of the CONTRACT DOCUMENTS, they may submit a written request for an interpretation thereof to either the Point of Contact identified in the CONTRACT DOCUMENTS or the Project Portal.

The Q&A period for this opportunity ends 3:00 p.m. (local time) on Tuesday, September 16, 2025.

The person submitting the request will be responsible for its prompt delivery. Any interpretation of the CONTRACT DOCUMENTS will be made only by ADDENDUM duly issued, a minimum of 72 hours prior to the BID closing date and time. The CITY will endeavor to have a copy of such ADDENDUM delivered to each person receiving a set of CONTRACT DOCUMENTS; however, it is ultimately the BIDDER’s responsibility to check the CITY’s Bonfire Procurement Portal (https://westerville.bonfirehub.com/opportunities/198269 ) for verification of any issued addenda.

The awarding authority will not be responsible for any other explanations or interpretations of the

CONTRACT DOCUMENTS.

DUTY TO NOTIFY THE CITY OF ERRORS

BIDDERS shall promptly notify the CITY of errors and omissions in the CONTRACT DOCUMENTS which the BIDDER discovers in the exercise of ordinary and reasonable care. The BIDDER’s notification shall be made by submitting a written request for interpretation in accordance with the above paragraph.

The BIDDER’s duty to disclose errors and omissions is not only a bidding requirement but is also a legal requirement that cannot be ignored.

Failure to provide the required notification prior to the BID closing date and time shall constitute a waiver by the CONTRACTOR and shall not obligate the CITY for any costs based upon any apparent or patent ambiguity arising from insufficient data or obvious errors in the CONTRACT DOCUMENTS.

Knowingly withholding information regarding an error or omission in the CONTRACT DOCUMENTS, or intentionally misrepresenting an item of WORK for financial or competitive gain, may result in civil or criminal penalties.

REJECTION OF UNBALANCED BID

The BIDDER is required to BID each item as indicated in THE CONTRACT DOCUMENTS. The CITY reserves the right to reject any materially unbalanced BID. A “materially unbalanced bid” is a BID that contains lump sum or unit prices that do not reflect reasonable labor, equipment, and material costs plus a reasonable proportionate share of overhead and other indirect costs and anticipated profit, and the CITY determines that the Bid may not be in the best interest of its citizens.

BID GUARANTY

All bids must be accompanied by a BID GUARANTY. The recommended form of BID GUARANTY is a BID GUARANTY and CONTRACT Bond in the full amount of the bid, including all add alternates, as prescribed by Section 153.571 of the Ohio Revised Code. Other acceptable forms of BID GUARANTY include a bid bond equal to ten percent (10%) of the bid plus all add alternates. Bid security issued in bond form, shall be issued by a Surety Company or Corporation licensed in the State of Ohio to provide said surety.

WITHDRAWAL OF BIDS PRIOR TO CLOSING DATE AND TIME

Any BID may be withdrawn prior to the above scheduled closing date and time for the submission of BIDS or authorized postponement hereof. Any BID received after the time and date specified shall not be considered.

WITHDRAWAL OF BIDS AFTER CLOSING DATE AND TIME

If for any reason, other than as authorized by the Ohio Revised Code, the BIDDER fails to enter into a CONTRACT, and the CITY awards the CONTRACT to the next lowest BIDDER, the BIDDER and the surety on the BIDDER’s bond are liable to the CITY for the difference between the bid and that of the next lowest bidder, or for a penal sum not to exceed ten percent (10%) of the amount of the bond, whichever is less. If the CITY does not award the CONTRACT to the next lowest BIDDER but resubmits the PROJECT for bidding, the BIDDER failing to enter into the CONTRACT and the surety on the BIDDER’s bond, except as provided in the Ohio Revised Code, are liable to the CITY for a penal sum not to exceed ten percent (10%) of the amount of the BID or the costs in connection with the resubmission of printing new CONTRACT DOCUMENTS, required advertising, and printing and mailing notices to prospective bidders, whichever is less.

PUBLIC OPENING OF BIDS

BIDS will be publicly opened and read immediately after the deadline for the submission of BIDS.

BIDDERS, their authorized agents, other interested parties, and the general public are invited to be present. The public opening of bids will be held at the City’s Walnut Street administrative offices, located at 64 E. Walnut Street, Westerville, Ohio 43081. The public opening will also be shared online via Google Meet. Instructions for joining the Google Meet session will be posted to the City’s website in advance of the public opening.

CONSIDERATION OF BIDS AND AWARD OF CONTRACT

The OWNER shall make such investigations as the OWNER deems necessary to determine the lowest and best BIDDER to perform the WORK. The BIDDER shall furnish to the OWNER all such information and data for this purpose as the OWNER may request. In determining the award, consideration, among other items, will be given to (a) whether BIDDER maintains a permanent place of business, (b) suitability of the BIDDER’S plant and equipment for the WORK, including the amount of subcontracted WORK, (c) BIDDER’S financial status and organization, (d) BIDDER’S record of experience and performance in constructing improvements of this type and (e) lowest BID. The OWNER, in its discretion, may consider and give such weight to these criteria as it deems appropriate. The OWNER reserves the right to reject any BID if the evidence submitted by, or investigation of, such BIDDER fails to satisfy the OWNER that such BIDDER is properly qualified to carry out the obligations of the Agreement and to complete the WORK contemplated therein.

As part of the OWNER’S investigation, the OWNER requires that the BIDDER submit a completed Experience Record form and Subcontractors form. BIDDERS are urged to include a completed Experience Record form and Subcontractors form with their BID. If not included with the BID, a completed Experience Record form and Subcontractors form shall be submitted to the CITY within two (2) business days of the BID Closing Date and Time.

As part of the OWNER’s investigation, the OWNER may require that the BIDDER submit a complete breakdown of the labor and material costs associated with unit prices and/or lump sum BID items.

If alternative bid items are listed in the BID SCHEDULE, the OWNER shall determine the Alternate Items so selected by the OWNER in determining the lowest and best BID. The OWNER reserves the right not to award a contract and to reject any and all BIDS.

In the event that only one (1) lowest and best BID is received, the OWNER reserves the right to establish a fair and reasonable price with the lowest and best BIDDER.

In the event that two (2) or more identical low BIDS are received from potential BIDDERS, the OWNER reserves the right to award the CONTRACT in any manner deemed in the best interest of its citizens or the OWNER may request the submission of a Best and Final Offer from the identical BIDDERS to determine the lowest and best BIDDER.

The OWNER may waive any informalities or minor defects or reject any and all BIDS. The OWNER may hold the BIDS for 60 days after the actual BID Closing Date and Time, and may award the CONTRACT at any time during that period. Should there be reasons why the CONTRACT cannot be awarded within the specified period; the time may be extended by mutual agreement between the OWNER and the

BIDDER.

CANCELLATION OF AWARD

The CITY may cancel a CONTRACT award at any time before all parties sign the CONTRACT without liability to the CITY.

RETURN OF BID GUARANTY

The CITY will retain all bid securities until the CONTRACT has been executed by all parties and the NOTICE TO PROCEED has been issued.

CONTRACT PERFORMANCE BOND AND PAYMENT BOND

A Performance Bond and Payment Bond, each meeting the requirements of Sections 153.54, 153.57, and 153.571 of the Ohio Revised Code, with a Surety qualified to do business in the State of Ohio will be required for the faithful performance of the WORK.

EXECUTION OF CONTRACT

The BIDDER to whom the CONTRACT shall be awarded will be required to execute 2 copies of the CONTRACT on the form included in the CONTRACT DOCUMENTS and to furnish insurance certificates and Workers Compensation certificates as required.

The successful BIDDER will be required to execute and submit the following completed forms, as included in the CONTRACT DOCUMENTS, prior to the issuance of the NOTICE TO PROCEED:

Noncollusion Affidavit and Personal Property Tax Affidavit. BIDDERS are urged to include these documents in their BID.

The NOTICE TO PROCEED shall be issued within 60 days of the execution of the Agreement by the OWNER. Should there be reasons why the NOTICE TO PROCEED cannot be issued within such period;

the time may be extended by mutual agreement between the OWNER and CONTRACTOR. If the NOTICE TO PROCEED has not been issued within a 60-day period or within the period mutually agreed upon, the CONTRACTOR may terminate the Agreement, by duly executed WRITTEN NOTICE without further liability on the part of either party.

FAILURE TO EXECUTE CONTRACT

In case of the BIDDER’s refusal or failure to execute the Contact within ten (10) days after its receipt of formal notice of award, BIDDER may be considered to have abandoned all rights and interests in the award, and the BIDDERS’s BID GUARANTY may be declared forfeited to the OWNER. The award may then be made to the next lowest and best BIDDER or the work re-advertised for BIDS as the OWNER may elect.

RESPONSIBILITY TO GENERAL PUBLIC

To the extent authorized by law, CONTRACTOR shall indemnify and hold harmless the CITY, its officers, elected officials, agents and employees from and against all claims, damages, losses and expenses including attorney’s fees arising out of or resulting from the CONTRACTOR’s performance, provided that any such claims, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom;

and is caused in whole or in part by any negligent or willful act or omission of the CONTRACTOR, subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable.

CONTRACTOR agrees that in the hiring of employees for the performance of work under this CONTRACT or any subcontract, no CONTRACTOR, subcontractor, or any person acting on their behalf shall, by reason of race, color, religion, sex, national origin, age, familial status, military status, disability, pregnancy, sexual orientation, gender identity, or gender expression, or any prohibition provided by federal or state law, discriminate against any citizen of the State in the employment of labor or workers who are qualified and available to perform the work to which the employment relates, nor shall the CONTRACTOR, subcontractor, or any person acting on their behalf, in any manner, discriminate against or intimidate any employee hired for the performance of work under the CITY’s CONTRACT on account of race, color, religion, sex, national origin, age, familial status, military status, disability, pregnancy, sexual orientation, gender identity, or gender expression, or any prohibition provided by federal or state law.

INSURANCE

The CONTRACTOR and the CONTRACTOR’S subcontractors shall secure and maintain Liability and Property Damage Insurance (1) in an amount not less than One Million Dollars ($1,000,000) for bodily injuries, including wrongful death, to any one person, subject to the same limit for each person, in an amount not less than Two Million Dollars ($2,000,000) for bodily injury damages for any one accident;

and (2) in an amount not less than One Million Dollars ($1,000,000) for property damages on account of one accident and in an amount not less than Two Million Dollars ($2,000,000) for damages for all accidents. Greater amounts shall apply, where required by law. If the CONTRACTOR and the CONTRACTOR’S subcontractors maintain higher limits than the minimums shown above, the CITY shall be entitled to coverage for the higher limits.

The Insurance policies secured in compliance with the above requirements shall be with acceptable insurance companies authorized to do business in the State of Ohio and shall bear endorsements extending automatic coverage on all operations of the CONTRACTOR incidental to the performance of the WORK to be done under this CONTRACT, whether such operations are listed in the insurance contracts or not, and whether the WORK is being done at the site of the project or not. The OWNER shall be named as an additional insured. The CONTRACTOR will be required to submit a Certificate of Insurance and a current Worker’s Compensation Certificate to the OWNER prior to the execution of the Agreement.

COMPLIANCE WITH APPLICABLE LAWS

All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the PROJECT shall apply to the CONTRACT throughout.

In performing the WORK, CONTRACTOR shall comply with all applicable laws, rules, regulations, codes and ordinances, including but not limited to the U.S. Department of Labor “Safety and Health Regulations for Construction” identified as Chapter XVII of Title 29, Code of Federal Regulations (CFR) Part 1926 (formerly Part 1518) and subsequent amendments.

The CONTRACTOR agrees that it is currently in compliance and will continue to adhere to the requirements of the Ohio Ethics Law as provided in Section 102.03 and 102.04 of the Ohio Revised Code.

SALES AND INCOME TAXES

Materials to be incorporated in the WORK may be purchased by the CONTRACTOR free of Ohio State sales tax.

The successful BIDDER will be required to withhold all CITY income taxes due or payable under the provisions of the Income Tax Ordinance, for wages, salaries, and commissions paid to its employees and further agrees that any of its subcontractors shall be required to agree to withhold any such CITY income taxes due under said chapter for services performed under this CONTRACT.

WORK SCHEDULES

All work schedules must be presented to the ENGINEER’S office a minimum of one week prior to the pre-construction meeting. Any deviations from the work schedule submitted to the ENGINEER’S office must be acceptable to the ENGINEER.

PUBLIC RECORDS

In entering into a contract with the CITY of Westerville, Ohio (or responding to a CITY solicitation), all BIDDERS are hereby notified that all BIDs, proposals, quotations, RFI responses, agreements, invoices, correspondence and any other documents submitted to the CITY become public property and are subject to public disclosure in accordance with Ohio Public Records Law. All public records will be made available upon request, at the earliest time permitted by law.

PREVAILING WAGES

Attention is called to the prevailing rate of wages to be paid labor on public improvements as ascertained by the Department of Industrial Relations, State of Ohio.

PREVAILING WAGE RATES

The CONTRACTOR, all SUBCONTRACTORS and all applicable Suppliers shall comply with the requirements of the Ohio Revised Code Chapter 4115 and the Ohio Administrative Rules and regulations 4101:9-4 and shall pay each laborer, worker and mechanic employed by the CONTRACTOR not less than the prevailing rate of wages as determined by the Ohio Department of Commerce.

The CONTRACTOR shall coordinate, compile and submit to the OWNER all documentation as and when required to comply with the requirements of the Ohio revised Code Chapter 4115 and the Ohio Administrative Rules and regulations 4101:9-4 for the CONTRACTOR and all SUBCONTRACTORS.

If a CONTRACTOR or SUBCONTRACTOR sublets the CONTRACT, it shall notify the OWNER at the time the CONTRACT is sublet. The CONTRACTOR or SUBCONTRACTOR shall require the contracting party to pay not less than the prevailing rate of wages and to comply with the requirements of the Ohio Revised Code Chapter 4115 and the Ohio Administrative Rules and Regulations 4101:9-4. Such contracting party shall not further sublet the CONTRACT without requiring its SUBCONTRACTORS to meet the same requirements.

The OWNER shall notify only the CONTRACTOR under a CONTRACT with the OWNER for a public improvement of any changes in the Prevailing Wage Rates. The CONTRACTOR shall then notify all SUBCONTRACTORS of changes in the Prevailing Wage Rates within seven business days of receipt from the OWNER.

The CONTRACTOR, all SUBCONTRACTORS and all applicable suppliers shall provide the OWNER with its address, phone number, fax number, contact person, and e-mail address prior to the commencement of WORK on the project.

Failure to comply with these requirements may delay progress payments to the CONTRACTOR. Final payment to the CONTRACTOR will be held until full compliance with the Ohio Revised Code Chapter 4115 and the Ohio Administrative Rules and Regulations 4101:9-4 has been met.

Please reference the project listing on the City’s Bonfire portal for the prevailing wage rates. These rates are provided in PDF format.

EXPERIENCE RECORD

As part of the OWNER’S investigation to determine the lowest and best BID, the BIDDER is required to provide detailed information on the forms herein, or on a sheet attached to this page, evidence of the BIDDER’S responsibility, experience, skill, and financial standing to complete this CONTRACT in the time allotted. The OWNER may make other such investigations to determine the ability of the BIDDER to perform the WORK. BIDDERS are urged to include a completed Experience Record form with their BID. If not included with the BID, a completed Experience Record form shall be submitted to the CITY within two (2) business days of the BID Closing Date and Time.

1. List similar projects (a minimum of 3) completed in the last 5 years including the following:

Name of Project #1:

Project Location:

Project Description:

Original Completion Date:

Final Completion Date:

Original Contract Amount:

Final Contract Amount:

Project Owner:

Owner’s Contact Name:

Owner’s Contact Phone:

Owner’s Email Address:

Name of Project #2:

Original Contract Amount:

Final Contract Amount:

Project Owner:

Owner’s Contact Name:

Name of Project #3:

Original Contract Amount:

Final Contract Amount:

Project Owner:

Owner’s Contact Name:

Owner’s Contact Phone:

EXPERIENCE RECORD CONTINUED

2. List all current and uncompleted private and public work including the following information:

Name of Project:

Proposed Completion Date:

Original Contract Amount:

Estimated Final Contract Amount:

Project Owner:

Owner’s Contact Name:

Original Contract Amount:

Estimated Final Contract Amount:

Project Owner:

Owner’s Contact Name:

Original Contract Amount:

Estimated Final Contract Amount:

Project Owner:

Owner’s Contact Name:

SUBCONTRACTORS

As part of the OWNER’S investigation to determine the lowest and best BID, the BIDDER is required to state the proposed SUBCONTRACTORS to be utilized in the WORK. BIDDERS are urged to include a completed Subcontractors form with their BID. If not included with the BID, a completed Subcontractors form shall be submitted to the CITY within two (2) business days of the BID Closing Date and Time.

Any changes from the listed SUBCONTRACTORS should be communicated to the OWNER in writing.

The OWNER reserves the right, in its sole discretion, to reject a proposed SUBCONTRACTOR. The following information shall be provided:

Name of Firm:

Proposed Subcontracted Work:

Subcontractor Owner’s Name:

Subcontractor Address:

Subcontractor Telephone:

Subcontracted Dollar Amount:

Subcontracted Percentage:

Subcontractor Owner’s Name:

Subcontractor Address:

Subcontractor Telephone:

Subcontractor Owner’s Name:

Subcontractor Address:

Subcontractor Telephone:

BID GUARANTY

All bids must be accompanied by a BID GUARANTY. The recommended form of BID GUARANTY is a BID GUARANTY and CONTRACT Bond in the full amount of the bid, including all add alternates, as prescribed by Section 153.571 of the Ohio Revised Code. Other acceptable forms of BID GUARANTY include a bid bond equal to ten percent (10%) of the bid plus all add alternates. Bid security issued in bond form, shall be issued by a Surety Company or Corporation licensed in the State of Ohio to provide said surety.

RECOMMENDED BID GUARANTY FORM

(Form of combined Bid Guaranty and Bond prescribed by Ohio Revised Code Section 153.571)

KNOW ALL PERSONS BY THESE PRESENTS, that we, the undersigned , as Principal, at (Address) and (licensed to do business and execute bonds in the State of Ohio) as Surety, are hereby held and firmly bound unto the City of Westerville, Ohio, as Obligee in the penal sum of the dollar amount of the bid submitted by the Principal to the Obligee on , 20 , to undertake the project known as 2025 Cable Replacement Project (Project No. 2025-301). The penal sum referred to herein shall be 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 dollars ($ ). (If the foregoing blank is not filled in, the penal sum will be the full amount of the principal’s bid, including alternates. Alternatively, if the blank is filled in, the amount stated must not be less than the full amount of the bid including alternates, in dollars and cents. A percentage is not acceptable.) 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 on the above referenced 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, Specifications, details, and bills of material; and in the event the Principal pays to the Obligee the difference, not to exceed ten percent of 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 Bidder determined by the Obligee to be the next lowest responsive and responsible to perform the Work covered by the Bid; or in the event the Obligee does not award the CONTRACT to such next lowest responsive and responsible Bidder and resubmits the Project for bidding, the Principal pays to the Obligee the difference not to exceed ten percent of the penal sum hereof between the amount specified in the Bid, or the costs, in connection with the resubmission, of printing new CONTRACT DOCUMENTS, required advertising and printing and mailing notices to prospective Bidders, 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 10 days after the awarding of the CONTRACT, enters into a proper CONTRACT and executes the Agreement Form in accordance with the CONTRACT DOCUMENTS, including without limitation the Bid, Plans, Specifications, details, and bills of material, which said CONTRACT is made a part of this Bond the same as though set forth herein; and

NOW ALSO, IF THE SAID Principal shall well and faithfully perform each and every condition of such CONTRACT; and indemnify the Obligee against all damage suffered by failure to perform such CONTRACT according to the provisions thereof and in accordance with the CONTRACT DOCUMENTS, including without limitation Plans, Specifications, details, and bills of material therefore; 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 Subcontractor, 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 said CONTRACT, the Work thereunder or the CONTRACT DOCUMENTS, including without limitation the Plans and Specifications, therefore, shall in any way affect the obligations of said Surety on its bond, and it does hereby waive notice of any such modifications, omissions or additions in or to the terms of the CONTRACT, the Work, or the CONTRACT DOCUMENTS, including without limitation the Plans and Specifications.

SIGNED AND SEALED this day of , 20 .

Principal:

Surety:

By:

By:

Title:

Surety Company Address:

Surety Agent ‘s Address:

(A) (B) (C)

ITEM SPEC CMS DESCRIPTION QUANTITY UNIT UNIT PRICE

Unit Item TOTAL IN FIGURES (A x B)

1 13310 WEST 1-3" SCH. 40 PVC BORE-GARD CONDUIT FURNISH AND INSTALL (DIRECTIONAL

BORE)

5,250.00 LF

2 13350 WEST 1-1.25" SCH. 40 HDPE CONDUIT FURNISH AND INSTALL (DIRECTIONAL BORE) -

COMMUNICATION CONDUIT

5,000.00 LF

3 13310 WEST 1/0 AL URD PRIMARY CABLE INSTALLATION ONLY 5,350.00 LF

4 SPECIAL WEST TRACER WIRE FURNISH AND INSTALL, AS PER PLAN 5,100.00 LF

5 SPECIAL WEST 2'x3'x18" COMMUNICATION UTILITY BOX FURNISH AND INSTALL, AS PER PLAN 11.00 EA

6 12614 COLS MAINTENANCE OF TRAFFIC 1.00 LS

7 623 COLS CONSTRUCTION LAYOUT STAKES 1.00 LS

8 624 COLS MOBILIZATION 1.00 LS

9 12659 WEST SITE RESTORATION (SEEDING, MULCHING, AND WATERING) 1.00 LS

INFORMAL TOTAL BASE BID, ITEMS 1-9 $

2025 CABLE REPLACEMENT PROJECT (Project No. 2025-301)

BID SCHEDULE

To the City of Westerville, Ohio, hereinafter called OWNER. In compliance with your Advertisement for BIDS, BIDDER hereby proposes to perform all WORK in strict accordance with the CONTRACT DOCUMENTS and to the complete satisfaction of the City, within the time and at the prices stated herein. By submission of this BID, each BIDDER certifies, and in case of a joint BID, each party thereto certifies as to their own organization, that this BID has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this BID with any other BIDDER or with any competitor.

Bidders are required to BID the Base BID and all ALTERNATES. Unit Prices set forth shall include all materials, equipment, labor, delivery, installation, overhead, profit, and any other cost or expense, in connection with or incidental to, the performance of that portion of the WORK to which the prices apply. The City of Westerville reserves the right to award the CONTRACT to the lowest and best BIDDER for the Base Bid only or for the Base Bid plus any combination of the alternates.

Bid Schedule

2025 CABLE REPLACEMENT PROJECT (Project No. 2025-301)

BID SCHEDULE

BIDDER acknowledges the receipt of the following ADDENDUM(s):

CONTRACTOR: DOING BUSINESS AS:

ADDRESS:

CITY/STATE: PHONE NUMBER:

DATE: FAX NUMBER:

TITLE: EMAIL ADDRESS:

SIGNATURE: WEBSITE :

**THE BID MUST BE SIGNED**

Insert "a corporation", "a partnership", or "an individual" as applicable

BIDDER hereby agrees to commence WORK under this CONTRACT on or after a date to be specified in the NOTICE TO PROCEED and to fully complete the PROJECT on or before August 31, 2026. BIDDER further agrees to pay liquidated damages as provided in Section 108.07 of the General Provisions and Section SP 8 of the Special Provisions.

Bid Schedule

CONTRACT

FORMS

NONCOLLUSION AFFIDAVIT

State of:

County of:

BID Identification:

CONTRACTOR:

Being first duly sworn, deposes as says that he/she is:

of (sole owner, a partnership, president etc.) (name of company) the party making the foregoing BID; that such BID is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization, or corporation; that such BID is genuine and not collusive or sham; that said BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham BID, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham BID, or that anyone shall refrain from bidding; that said BIDDER has not in any manner, directly or indirectly, sought by agreement, communication or conference with anyone to fix the BID price of said BIDDER or of any other BIDDER, or to fix any overhead, profit, or cost element of such BID price, or of that of any other BIDDER, or to secure any advantage against the OWNER awarding the Contract or anyone interested in the proposed Contract; that all statements contained in such BID are true; and, further, that said BIDDER has not, directly or indirectly, submitted his BID price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid and will not pay any fee in connection therewith, to any corporation, partnership, company, association, organization, BID depository, or to any member or agent thereof, or to any other individual except to such person or persons as have a partnership or other financial interest with said BIDDER in its general business.

Signed:

Subscribed and sworn to before me this

Day of , 20

Seal of Notary

PERSONAL PROPERTY TAX AFFIDAVIT

FOR

THE CITY OF WESTERVILLE, OHIO

(SECTION 5719.042 ORC)

Re: 2025 Cable Replacement Project, Project No. 2025-301

To: Director of Finance, City of Westerville, Ohio

State of:

County of:

By (Bidder):

Address:

Affiant:

Title:

being first duly sworn, says that on , it (check at left of paragraph 1 or 2; if 2, fill in the appropriate data):

1. Was not charged with any delinquent personal property taxes on the general tax list of personal property of Franklin and Delaware Counties

2. Was charged with delinquent personal property taxes on the general tax list of personal property of Franklin and/or Delaware Counties and the amount due and unpaid delinquent taxes, penalties, and interest are:

Tax Penalties Interest

FRANKLIN COUNTY $ $ $

DELAWARE COUNTY $ $ $

That this Affidavit shall be incorporated into the Contract between the undersigned and the City of Westerville.

Signed:

Subscribed and sworn to before me this

Day of , 20

Seal of Notary

AGREEMENT

THIS AGREEMENT, made this _____ day of _________ 2025, by and between the City of Westerville, hereinafter called “CITY” or OWNER” and _________________________________________________ doing business as (individual, partnership, or corporation) hereinafter called “CONTRACTOR.”

WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned:

1. The CONTRACTOR will commence and complete the construction of the 2025 Cable

Replacement Project, Project No. 2025-301.

2. The CONTRACTOR will furnish all of the material supplies, tools, equipment, labor, and other services necessary for the construction and completion of the PROJECT described herein.

3. The CONTRACTOR will commence the WORK required by the CONTRACT DOCUMENTS on or after the date specified in the NOTICE TO PROCEED and will fully complete the PROJECT on or before August 31, 2026, unless the period for completion is extended otherwise by the

CONTRACT DOCUMENTS.

4. The CONTRACTOR agrees to perform all of the WORK described in the CONTRACT

DOCUMENTS and comply with the terms therein for the sum of $___________________ subject to additions and deductions by CHANGE ORDERS.

5. The term “CONTRACT DOCUMENTS” means and includes the following:

(A) Bidding Requirements and Forms including Bidders Checklist, Notice to Bidders, Information to Bidders, Prevailing Wage Rates & Affidavit, Experience Record, Subcontractors, Bid Guaranty, Recommended Bid Guaranty Form, Bid Schedule;

(B) Contract Forms including Noncollusion Affidavit, Personal Property Tax Affidavit, Agreement Fiscal Officer's Statement, Performance Bond and Payment Bond, Notice of Award, Notice to Proceed, Change Order, General Provisions, Special Provisions, Specifications, Supplemental Specifications, and Appendix;

(C) PLANS prepared by the City and numbered dated and revised .

(D) SPECIFICATIONS and SUPPLEMENTAL SPECIFICATIONS prepared or issued by the City, dated August 27, 2025 and revised 2025.

(E) ADDENDA:

No. , dated , 2025 No. , dated , 2025

No. , dated , 2025

6. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the GENERAL PROVISIONS such amounts as required by the CONTRACT DOCUMENTS.

7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement. This Agreement may be executed in any number of counterparts all of which shall constitute one and the same instrument, and either party hereto may execute this Agreement by signing one or more counterparts. Manual or electronic signatures, transmitted in original or facsimile (which includes photocopies, faxes, PDF, and scanned documents sent by any method) shall be valid for purposes of this Agreement.

CITY OF WESTERVILLE, OHIO

By Monica Dupee City Manager

(SEAL)

ATTEST:

Date:

Name:

Title:

CONTRACTOR

By

Printed Name:

Address:

(SEAL)

ATTEST:

Date:

Name:

FISCAL OFFICER’S STATEMENT

I, Matt Yoder, Director of Finance, hereby certify that I am the qualified and acting fiscal officer of the City of Westerville, Ohio, and that the amount of money to wit $ required to meet the cost of the attached agreement between the City of Westerville (OWNER) and (CONTRACTOR) for 2025 Cable Replacement Project (Project No. 2025-301) has been lawfully appropriated for the purpose of said Agreement and the money so appropriated is on deposit (in process of collection) to the credit of the appropriate fund free from any previous encumbrances.

PO#

Matt Yoder (SEAL) Director of Finance

PERFORMANCE BOND AND PAYMENT BOND

A Performance Bond and Payment Bond meeting the requirements of Sections 153.54, 153.57, and

153.571 of the Ohio Revised Code, with a Surety qualified to do business in the State of Ohio will be required for the faithful performance of the WORK.

GENERAL

PROVISIONS

101 - DEFINITIONS AND TERMS

101.01 General

101.02 Abbreviations

101.03 Definitions

101.04 Interpretations

101.01 General. These Construction and Material Specifications are written to the Bidder before award of the Contract and to the Contractor after award of the Contract. The sentences that direct the Contractor to perform Work are written as commands. For example, a requirement to provide cold-weather protection would be expressed as, “Provide cold-weather protection for concrete,” rather than “The Contractor shall provide cold-weather protection for concrete.” In the imperative mood, the subject “the Bidder” or “the Contractor” is understood.

All requirements to be performed by others have been written in the active voice. Sentences written in the active voice identify the party responsible for performing the action. For example, “The Engineer will determine the density of the compacted material.” Certain requirements of the Contractor may also be written in the active voice, rather than the active voice and imperative mood, if the sentence includes requirements for others in addition to the Contractor.

For example, “If the Contractor, at any time, fails to comply with the provisions of 105.14, the Engineer will immediately notify the Contractor of such non-compliance.”

Sentences that define terms, describe a product or desired result, or describe a condition that may exist are written in indicative mood. These types of sentences use verbs requiring no action.

For example, “The characteristics of the soils actually encountered in the subgrade may affect the quality of the cement and depth of treatment necessary.”

101.02 Abbreviations. The following abbreviations, when used in the Contract Documents, represent the full text shown below.

AAN American Association of Nurserymen AASHTO American Association of State Highway and Transportation

Officials ACI American Concrete Institute AIA American Institute of Architects AISC American Institute of Steel Construction AISI American Iron and Steel Institute ANSI American National Standards Institute AREA American Railway Engineering Association ASA American Standards Association ASCE American Society of Civil Engineers ASME American Society of Mechanical Engineers ASTM American Society for Testing and Materials AWG American Wire Gage AWPA American Wood Preservers’ Association AWS American Welding Society AWWA American Water Works Association

BMP Best Management Practice (erosion) BUSTR Bureau of Underground Storage Tank Regulations (Division of Fire) CCC Columbus City Codes, 1959 CCRL Cement and Concrete Reference Laboratory CFR Code of Federal Regulations CMS Construction and Material Specifications- as referenced in Bid Schedule COLS Columbus Construction and Material Specifications CPESC Certified Professional in Erosion and Sediment Control CRSI Concrete Reinforcing Steel Institute EEI Edison Electric Institute EIA Electronic Industries Alliance EPA Environmental Protection Agency FEMA Federal Emergency Management Agency FHWA Federal Highway Administration, Department of Transportation FSS Federal Specifications and Standards, General Services

Administration

GFRP GLASS-FIBER-REINFORCED POLYMER

ICEA Insulated Cable Engineers Association IEEE Institute of Electrical and Electronic Engineers IES Illuminating Engineering Society IME Institute of Makers of Explosives IMSA International Municipal Signal Association IPCEA Insulated Power Cable Engineering Association IPS International Pipe Standard ISSA International Slurry Seal Association ITE Institute of Transportation Engineers JMF Job Mix Formula MSDS Material Safety Data Sheets NACE National Association…