2025352.02 2026.02.02 Camp Perry_Structural Repairs_Bid Specs.pdf

3925028/ADJ-250009- CAMP PERRY FMS17

GARAGE WALL REPAIR

Project Specifications Manual

Camp Perry Joint Training Center, 1000 N Lawrence Rd Building 2012, Port Clinton, OH 43452

Prepared by:

GPD Group

Akron, Ohio

February 02, 2026

Issued for Bid

02/03/26

GPD Group 520 S. Main Str, Suite 2531

TABLE OF CONTENTS TOC - 1

ADJ -Camp Perry FMS17 Garage Wall Repair 2025352.01

Issued for Bid 02/02/2026

TABLE OF CONTENTS

DIVISION 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS

PROCUREMENT REQUIREMENTS

00 10 00 SOLICITATION

00 21 13 INSTRUCTION TO BIDDERS

00 41 13 BID FORM

00 43 13 BID SECURITY FORM

00 45 13 BIDDER QUALIFICATIONS

00 45 39 EDGE AFFIDAVIT

CONTRACTING REQUIREMENTS

00 52 00 AGREEMENT FORM

00 52 14 SUBCONTRACT FORM

00 61 13 PERFORMANCE ND PAYMENT BOND FORM

00 71 00 CONTRACTING DEFINITIONS

00 72 13 GENERAL CONDITIONS

00 73 00 SUPPLEMENTAL CONDITIONS

00 73 43 WAGE RATE REQUIREMENTS

DIVISION 01 – GENERAL REQUIREMENTS

01 10 00 SUMMARY

01 23 00 ALTERNATES

01 25 00 SUBSTITUTION PROCEDURES

01 29 00 PAYMENT PROCEDURES

01 31 00 PROJECT MANAGEMENT AND COORDINATION

01 32 16 CONSTRUCTION PROGRESS SCHEDULE

01 32 33 PHOTOGRAPHIC DOCUMENTATION

01 33 00 SUBMITTAL PROCEDURES

01 35 43 NEW ENVIRONMENTAL PROCEDURES-3April2024

01 40 00 QUALITY REQUIREMENTS

01 42 00 REFERENCES

01 50 00 TEMPORARY FACILITIES AND CONTROLS

01 60 00 PRODUCT REQUIREMENTS

01 73 00 EXECUTION

01 77 00 CLOSEOUT PROCEDURES

01 78 39 PROJECT RECORD DOCUMENTS

DIVISION 02 – EXISTING CONDITIONS

02 41 19 SELECTIVE DEMOLITION

DIVISION 04 – MASONRY

04 20 00 UNIT MASONRY

DIVISION 05 – METALS

05 12 00 STRUCTURAL STEEL FRAMING

DIVISION 07 – THERMAL AND MOISTURE PROTECTION

07 92 00 JOINT SEALANTS

TABLE OF CONTENTS TOC - 2

ADJ -Camp Perry FMS17 Garage Wall Repair 2025352.01

Issued for Bid 02/02/2026

DIVISION 09 – FINISHES

09 01 90.52 MAINTENANCE REPAINTING

09 91 13 EXTERIOR PAINTING

END OF TABLE OF CONTENTS

Document 00 10 00 - Solicitation (General Contracting / Electronic Bid) State of Ohio Standard Requirements for Public Facility Construction

M160-00 10 00.EB 2024-MAR Page 1 of 2

Electronic bids will be received by:

Ohio Facilities Construction Commission https://bidexpress.com for the following Project:

Camp Perry Fms17 Garage Wall Repair

Camp Perry Joint Training Center

1000 N Lawrence Rd Building 2012, Port Clinton, OH 43452

Ottawa, County in accordance with the Contract Documents prepared by:

GDP Group

6200 Oak Tree Blvd, Suite 302, Independence, OH 44131

Contact: Chris Elgin, Project Manager celgin@gpdgroup.com

In compliance with Section 153.08 of the Ohio Revised Code and Section 153:1-8-01 of the Ohio Administrative Code, Bids for this Project are being received, opened, and published through electronic means using the State’s electronic bidding service.

To access this Project through the electronic bidding service, you must first register at https://bidexpress.com by clicking on the “REGISTER FOR FREE” button and following the instructions. In order to bid, you must create and enable a digital ID within the service. This process requires the submission of notarized paperwork and may take up to five business days to complete. There are no fees to register, create and enable a digital ID, or to download bid documents. There is a small expense on a monthly or per bid basis to submit a bid. The electronic bidding service offers customer support that may be reached at 888.352.2439 or via email at support@bidexpress.com.

Bidders may submit requests for consideration of a proposed Substitution for a specified product, equipment, or service to the

Architect/Engineer (“A/E”) no later than 10 days prior to the bid opening. Additional products, equipment, and services may be accepted as approved Substitutions only by written Addendum.

From time to time, the Commission issues new editions of the “State of Ohio Standard Requirements for Public Facility

Construction” and may issue interim changes. Bidders must submit Bids that comply with the version of the Standard

Requirements included in the Contract Documents.

Prevailing Wage rates and Equal Employment Opportunity requirements are applicable to this Project.

This Project is subject to the State of Ohio’s Encouraging Diversity, Growth, and Equity (“EDGE”) Business Development

Program. A Bidder is required to submit with its Bid and with its Bidder’s Qualifications form, certain information about the certified EDGE Business Enterprise(s) participating on the Project with the Bidder. Refer to Section 6.1.10 of the

Instructions to Bidders.

The EDGE Participation Goal for the Project is 5.0 percent.

For more information about EDGE certification, contact the State of Ohio, Department of Development, Minority Business

Division at www.minority.ohio.gov or email certifications@development.ohio.gov.

The Bidder may be subject to a Pre-Award Affirmative Action Compliance Review in accordance with Section 123:2-5-01 of the Ohio Administrative Code including a review of the Bidder’s employment records and an on-site review.

The Bidder must indicate on the electronic Bid Form, the locations where its services will be performed in the spaces provided or by attachment in accordance with the requirements of Executive Order 2019-12D related to providing services only within the United States and the requirements of Executive Order 2022-02D prohibiting purchases from or investment in any Russian institution or company. Failure to do so may cause the Bid to be rejected as non-responsive.

DOMESTIC STEEL USE REQUIREMENTS AS SPECIFIED IN OHIO REVISED CODE SECTION 153.011

APPLY TO THIS PROJECT. COPIES OF OHIO REVISED CODE SECTION 153.011 CAN BE OBTAINED FROM

ANY OF THE OFFICES OF THE OHIO FACILITIES CONSTRUCTION COMMISSION.

3925028/ADJ-250009 CAMP PERRY FMS17 GARAGE WALL REPAIR

M160-00 10 00.EB 2024-MAR Page 2 of 2

Bidders are encouraged to be enrolled in and to be in good standing in a Drug-Free Safety Program (“DFSP”) approved by the Ohio Bureau of Workers' Compensation (“OBWC”) prior to submitting a Bid and provide, on the Electronic Bid Form with its Bid, certain information relative to their enrollment in such a program; and, if awarded a Contract, shall comply with other DFSP criteria described in Section 1.6 of the General Conditions.

Electronic bids will be received for:

Trade Estimate

General Contract ....................................................... $161,000

Alternate No. 1: Overhead Door Replacement ....... $15,000 until 2/27, 2026, at 1pm., when all Bids will be electronically opened. Bid tabulations will be posted no later than 5:00 p.m. on the day Bids are opened.

All Bidders are strongly encouraged to attend the Pre-Bid Meeting on 2/12, 2026, at 1PM. until approximately 2:30 PM, at the following location: 1000 N Lawrence Rd Building 2807 Conference room, Port Clinton, OH 43452

The Contractor is responsible for scheduling the Project, coordinating the Subcontractors, and providing other services identified in the Contract Documents.

The Contract Documents may be downloaded as electronic PDF files from the State’s electronic bidding service at https://bidexpress.com at no charge.

END OF DOCUMENT

Document 00 21 13 - Instructions to Bidders (General Contracting Project)

M160-00 21 13 2022-APR Page 1 of 13

TABLE OF CONTENTS

ARTICLE 1 - GENERAL INSTRUCTIONS

ARTICLE 2 - BIDDING PROCEDURES

ARTICLE 3 - BID OPENING AND EVALUATION

ARTICLE 4 - WITHDRAWAL OF BID

ARTICLE 5 - BID GUARANTY AND BOND

ARTICLE 6 - CONTRACT AWARD AND EXECUTION

KEYWORD INDEX

ARTICLE 1 - GENERAL INSTRUCTIONS

1.1 Applicable Law and Forum

1.1.1 The rights of any Bidder or any party to a subsequent Contract shall be governed by the laws of the state of Ohio and only Ohio courts shall have jurisdiction over any action or proceeding related to the Bid or any subsequent Contract.

The Bidder irrevocably consents to such jurisdiction.

1.2 Project Scheduling and Coordination

1.2.1 When the Contract Documents refer to a period of time by a number of days, it excludes the first day and includes the last day of the period. If the last day of the period falls on a Saturday, Sunday, or a legal holiday, that day shall be omitted and the period shall end on the next day which is not a Saturday, Sunday, or legal holiday.

1.2.2 The time for completion of the Project indicated on the Bid Form is the time for Substantial Completion applicable to the Bidder.

1.2.3 The State may assign all or any portion of its interest in a Contract with one or more of the successful Bidders to another successful Bidder as an agreed condition for an award of the Contract for the respective Bid. The assignment may include, without limitation, the duty to schedule, coordinate, and administer the Contract.

1.2.4 The Contractor is responsible for scheduling the Project, coordinating the Subcontractors, and providing other services identified in the Contract Documents.

1.2.5 By submitting its Bid, the Bidder indicates its understanding that the Contract Sum, based on its Bid and as amended by Change Orders, includes all costs that the Contracting Authority owes the Bidder.

1.3 Written Notice

1.3.1 Notice under the Contract Documents shall be validly given if:

1.3.1.1 delivered personally to a member of the organization for whom the notice is intended;

1.3.1.2 delivered, or sent by registered or certified mail, to the last known business address of the organization; or

1.3.1.3 sent by facsimile, email, or web-based project management software, provided the original signed document is delivered within 3 business days after the date of the electronic transmission.

1.3.2 Notices provided to one Project Participant from another shall be simultaneously copied to the prospective Bidders, the Owner, the Contracting Authority, and the A/E.

ARTICLE 2 - BIDDING PROCEDURES

2.1 Examination of Contract Documents and the Site

2.1.1 Before submitting a Bid, the Bidder shall examine all Contract Documents, including, but not limited to, the Drawings, Specifications, and Addenda for all divisions of Work for the Project, noting in particular all requirements that may affect its Work in any way.

Document 00 21 13 Instructions to Bidders (General Contracting Project)

M160-00 21 13 2022-APR Page 2 of 13

2.1.2 The Bidder’s failure to become acquainted with the extent and nature of Work required to complete any portion of the Work in conformity with the requirements of the Contract Documents, shall not be a basis for additional compensation.

2.1.3 Before submitting a Bid, the Bidder should not only examine and evaluate the Site and related Project conditions where the Work will be performed, but shall also consider when the Work will be performed including, but not limited to, the following:

2.1.3.1 the condition, layout, and nature of the Site and surrounding area;

2.1.3.2 the availability and cost of labor;

2.1.3.3 the availability and cost of materials, supplies, and equipment;

2.1.3.4 the cost of temporary utilities required in the Bid;

2.1.3.5 the cost of any permit or license required by a local or regional authority having jurisdiction over the Project;

2.1.3.6 the usual weather conditions of the Project location;

2.1.3.7 conditions bearing upon transportation, disposal, handling, and storage of equipment, materials, and waste;

and

2.1.3.8 subsurface and concealed physical conditions and related information provided in the Contract Documents.

2.2 Pre-Bid Meeting

2.2.1 The Bidder is encouraged to attend the pre-bid meeting, where the A/E, the Contracting Authority, and the Owner will receive questions regarding the Contract Documents. If not given in Document 00 10 00 - Solicitation, the A/E shall issue notice of the time and place of any pre-bid meeting to each registered Plan Holder.

2.2.2 The A/E shall prepare minutes of the pre-bid meeting for the Project record. If questions raised by the prospective Bidders require changes to, or clarifications of, the Contract Documents, the A/E shall issue the changes by written Addendum, along with a list of pre-bid meeting attendees.

2.2.3 Additional compensation shall not be based upon the Bidder’s failure to attend the pre-bid meeting, which results in the Bidder’s incomplete knowledge and familiarity of the Project requirements.

2.3 Request for Interpretation

2.3.1 If the Bidder finds any perceived ambiguity, conflict, error, omission, or discrepancy within the Contract Documents, including the Drawings, Specifications, and Addenda, or between any of the Contract Documents and Applicable Law, the Bidder shall submit a written Request for Interpretation (“RFI”) to the A/E for an interpretation or clarification.

2.3.1.1 The Bidder is responsible for prompt delivery of the RFI.

2.3.1.2 The A/E shall respond to RFIs received more than 7 days before the bid opening.

2.3.2 The A/E shall issue Addenda in response to RFIs that modify or clarify the Contract Documents. Any Addenda issued within 72 hours before any bid opening (excluding Saturdays, Sundays, and legal holidays) shall extend the bid opening date by 7 days pursuant to Section 3.3.1.

2.3.2.1 The Addenda may be delivered via facsimile or e-mail, posted to a web or FTP site, or otherwise furnished to each registered Plan Holder.

2.3.3 Any interpretation or clarification of the Contract Documents made by any Person other than the A/E, in any manner other than a written Addendum, shall not be binding, and the Bidder shall not rely upon the interpretation or clarification.

2.3.4 The successful Bidder shall not be compensated for a claim alleging insufficient data, incomplete, ambiguous, conflicting, or erroneous Contract Documents or proposed Contract Documents, or assumed conditions regarding the nature, extent, or character of the Work, if the Bidder did not submit a related RFI prior to the bid opening.

2.4 Basis of Design and Acceptable Components

2.4.1 The Contract Documents may list components produced by specific manufacturers to denote kind, quality, or performance requirements.

2.4.2 The component listed first is the Basis of Design Component.

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2.4.3 Other listed components are Acceptable Components.

2.4.3.1 If the Bidder includes an Acceptable Component in its Bid, the Bidder is responsible for the costs of coordination and modification required.

2.5 Substitutions Prior to Bid Opening

2.5.1 If the Bidder proposes to use an article, device, material, equipment, form of construction, fixture, or item other than the Basis of Design or Acceptable Components named in the Specifications, the Bidder shall certify that the proposed item is equal in quality and all aspects of performance and appearance, to the item specified.

2.5.1.1 If approval of a Substitution requires changes to the Contract Documents or affects the work of other trades, the Bidder is responsible for the additional costs, including, but not limited to, changes to the design by the A/E.

2.5.2 The Bidder shall submit its request for Substitution to the A/E no later than 10 days prior to the bid opening, which must include:

2.5.2.1 the name and complete description of the proposed Substitution, including Drawings, performance and test data, and other information necessary for a complete evaluation; and

2.5.2.2 a statement setting forth any changes that the Proposed Substitution will require in the Contract Documents or the Project.

2.5.3 If the A/E approves the Proposed Substitution, the A/E shall issue an Addendum.

2.5.4 If the A/E does not approve the Proposed Substitution, the A/E shall inform the Bidder of its decision, which is final. The A/E may reject a proposed Substitution because the Bidder failed to provide sufficient information to enable the A/E to completely evaluate the Proposed Substitution without causing a delay in the scheduled bid opening.

2.5.5 Proposed Substitutions received by the A/E less than 10 days prior to the bid opening shall not be considered.

2.6 Bid Form

2.6.1 Each Bid shall be submitted on the Bid Form and sealed in an envelope clearly marked as containing a Bid, indicating the Contracting Authority’s Project number and name, and the date and time of the bid opening on the envelope. Refer to Section 3.1.2 for requirements related to envelope markings.

2.6.1.1 Any change, alteration, omission, or addition in the wording of the Bid Form shall cause the Bid to be rejected as non-responsive.

2.6.1.2 All pages of the Bid Form, including a completed “Bidder Affirmation and Disclosure” page acknowledging that the Bidder affirms, understands, and will abide by the requirements of Executive Order 2019-12D related to providing services only within the United States and Executive Order 2022-02D prohibiting purchases from or investment in any Russian institution or company, and a completed “Commitment to Participate in the EDGE Business Assistance Program” page, shall be submitted with the Bid. Failure to do so may cause the Bid to be rejected as non-responsive.

.1 If the names, locations, and service locations of Subcontractors are not known at the time of the Bid Opening, the Bidder must provide the information requested with its Subcontractor and Material Supplier Declaration form.

2.6.1.3 Unless the Bidder withdraws the Bid as provided in Article 4, the Bidder is required to comply with all requirements of the Contract Documents, regardless of whether the Bidder had actual knowledge of the requirements and regardless of any statement or omission made by the Bidder that might indicate a contrary intention.

2.6.2 The Bidder shall fill in all relevant blank spaces on the Bid Form by printing in ink or by typewriting, and not in pencil.

2.6.2.1 The Bidder shall show all bid amounts in both words and figures. In the case of a conflict between the words and figures, the amount shown in words shall govern, where the words are not ambiguous. When the Bidder's intention and the meaning of the words are clear, omissions, or misspellings of words shall not render the words ambiguous.

2.6.2.2 The Bidder shall initial alteration or erasure of items filled in on the Bid Form.

2.6.3 If the Bidder is a corporation, partnership, or sole proprietorship, an officer, partner or principal of the Bidder shall print or type the legal name of the Bidder on the line provided, and sign the Bid Form. If the Bidder is a joint venture, an officer, partner or principal, as applicable, of each member of the joint venture shall print or type the legal name of the

M160-00 21 13 2022-APR Page 4 of 13 applicable member on the line provided, and sign the Bid Form on behalf of that member. All signatures must be original.

2.7 Allowances

2.7.1 If Allowances are provided on the Bid Form, the amount of each Allowance shall be included in the Base Bid amount. Allowances shall be used solely for the purpose of determining the adjustment to the Contract Sum for the difference between the amount of the Allowance and the actual cost of the related Work provided. Allowances shall not include the Contractor’s Fee.

2.8 Unit Prices

2.8.1 If Unit Prices are requested on the Bid Form, the amount of the scheduled quantities shall be included in the Base Bid amount. Unit prices shall be used solely for the purpose of determining the adjustment to the Contract Sum for the difference between the estimated quantities on the Bid Form and the actual quantities provided.

2.8.2 Unit Prices shall include all materials, equipment, labor, delivery, installation, and any other cost or expense, in connection with, or incidental to, the performance of that portion of the Work. Unit Prices shall not include the Contractor’s Fee on account of the associated Unit Price Work. The Bidder shall submit Unit Prices for all items listed.

2.9 Alternates

2.9.1 If an Alternate is listed on the Bid Form, the Bidder shall fill in the applicable blank with an increased or decreased bid amount and indicate which by circling the word “ADD” or the word “DEDUCT” as applicable. The Contracting Authority reserves the right to accept or reject any or all bid amounts for Alternates, in whole or in part, and in any order.

2.9.1.1 If no change in the bid amount is required, indicate "No Change" or “$0.”

2.9.1.2 Failure to make an entry or an entry of "No Bid,” “N/A," or similar entry on any Alternate shall cause the Bid to be rejected as non-responsive if that Alternate is selected.

2.9.1.3 Failure to indicate a negative number by circling “DEDUCT,” preceding the number by a minus sign, or enclosing the number in parentheses will indicate the Bidder’s intent to increase the Base Bid by the amount entered in the applicable blank.

2.9.1.4 If an Alternate is not selected, an entry as listed in Section 2.9.1.2 on that Alternate shall not, by itself, render a Bid non-responsive.

2.10 Submittals with Bid Form

2.10.1 The Contracting Authority shall reject a Bid as non-responsive if the Bidder fails to submit the following with the Bid Form in a sealed envelope:

2.10.1.1 A Bid Guaranty as provided in Article 5, meeting the requirements of Ohio Revised Code (“ORC”) Sections 153.54 and 153.571.

2.10.2 If the apparent low Bidder does not submit a valid Power of Attorney of the agent signing for the Surety with its Bid, the Contracting Authority shall direct the apparent low Bidder to deliver a valid and appropriate Power of Attorney to the Contracting Authority within a period determined by the Contracting Authority. The Contracting Authority shall not enter into a Contract without a valid Power of Attorney.

2.10.3 The Bidder is encouraged to submit background information with its Bid using the Bidder’s Qualifications form and including, but not limited to, the information listed in this Section 2.10. If the apparent low Bidder does not submit the Bidder's Qualifications form and related information with its Bid, the Bidder shall provide it upon request in accordance with Section 3.5.4, including, but not limited to:

2.10.3.1 the overall experience of the Bidder, including number of years in business under present and former business names;

2.10.3.2 a complete listing of all the Bidder’s ongoing construction projects and a listing of construction projects which are similar in cost and type to the Project completed by the Bidder in the last 5 years. Include information of the scope of work and value of each contract, a description of Encouraging Diversity Growth and Equity (“EDGE”) participation and performance, and a project name/contact Person/address/phone number for the owner and the architect or engineer for each project;

2.10.3.3 a Certificate of Compliance with Affirmative Action Programs, issued pursuant to ORC Section 9.47, by the Equal Opportunity Coordinator of the Department of Administrative Services;

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2.10.3.4 a complete listing of Affirmative Action and EDGE program violations in the last 5 years;

2.10.3.5 a complete listing of Prevailing Wage, EPA, OSHA, or other regulatory entity issues or violations in the last 5 years;

2.10.3.6 a complete listing of judgments, claims, arbitration proceedings or suits pending or outstanding in the last 5 years;

2.10.3.7 a complete listing of Drug-Free Workplace Program and Drug-Free Safety Program (“DFSP”) violations in the last 5 years;

2.10.3.8 upon request of the Contracting Authority, the apparent low Bidder shall submit the following information, which is not a public record under ORC Section 149.43; and shall remain confidential, except under proper order of a court:

.1 an annual financial statement prepared within the 12 months prior to the bid opening by an independent licensed accounting firm; and the name, address, contact Person, and phone number of the bank normally used by the Bidder for its primary banking; or

.2 a financial report generated within 30 days prior to the bid opening from Standard and Poor, Dun and Bradstreet or a similar company acceptable to the Contracting Authority documenting the financial condition of the Bidder; and the name, address, contact Person, and phone number of the bank normally used by the Bidder for its primary banking.

2.10.3.9 a description of the Bidder’s relevant facilities and major equipment, whether leased or owned;

2.10.3.10 a description of the management experience of the Bidder’s project manager(s) and superintendent(s) and a comprehensive resume for each;

2.10.3.11 a description of the EDGE-certified Business Enterprises the Bidder proposes as Subcontractors and Material Suppliers for this Project by attaching a fully completed EDGE Affidavit for each EDGE-certified Business Enterprise;

2.10.3.12 to support a Bond, a current and signed Certificate of Compliance issued by the Ohio Department of Insurance, showing the Surety is licensed to do business as a surety in Ohio;

2.10.3.13 a current Ohio Workers' Compensation Certificate;

2.10.3.14 if the Bidder is a foreign corporation not incorporated under the laws of Ohio, a Certificate of Good Standing from the Ohio Secretary of State; or, if the Bidder is a foreign person or partnership, evidence that the Bidder filed, with the Ohio Secretary of State, a Power of Attorney designating the Ohio Secretary of State as the Bidder's agent for the purpose of accepting service of summons in any action brought under ORC Section 153.05 or under ORC Sections 4123.01 to 4123.94, inclusive;

2.10.3.15 evidence that the Bidder is enrolled in, and in good standing in, a DFSP approved by the Ohio Bureau of Workers’ Compensation (“OBWC”); and

2.10.3.16 any other data or information which the A/E may request concerning the responsibility of the Bidder, including a complete list of major Subcontractors with an estimated contract value of $200,000 or more, which the Bidder proposes to employ on the Project.

2.11 Changes in the Bid Amount

2.11.1 Any change to a previously submitted Bid shall be in writing and received by the Contracting Authority before the time scheduled for the bid opening.

2.11.2 Changes shall provide an amount to be added to, or subtracted from, the bid amount, so that the final bid amount may be determined only after the sealed envelope is opened.

2.11.3 If the Bidder's written instruction reveals the bid amount in any way prior to the bid opening, the Contracting Authority may, in its sole discretion, reject the Bid as non-responsive.

ARTICLE 3 - BID OPENING AND EVALUATION

3.1 Delivery of Bid

3.1.1 The Bidder shall submit its Bid to the Contracting Authority at the location indicated in Document 00 10 00 - Solicitation prior to the time scheduled for the bid opening.

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3.1.2 If the sealed bid envelope is enclosed in another envelope for the purpose of delivery, the exterior envelope shall also be clearly marked as containing a Bid with the Project name and Project number, construction trade of the Bid, and the date and time of the bid opening shown on the envelope.

3.1.3 Bids that arrive at the location designated in Document 00 10 00 - Solicitation after the time set for the bid opening shall not be opened or considered.

3.2 Bid Opening

3.2.1 Sealed Bids shall be received at the location designated in Document 00 10 00 - Solicitation until the time stated when all Bids shall be opened, read aloud, and the tabulation made public.

3.2.2 The public opening and reading of Bids is for informational purposes only and is not to be construed as an acceptance or rejection of any Bid submitted.

3.2.3 The contents of the bid envelope are public records and open for inspection, upon request, at any time after the bid opening, except for any information that is not defined as a public record under Ohio law.

3.3 Bid Opening Extension

3.3.1 If an Addendum is issued within 72 hours prior to the published time for the bid opening, excluding Saturdays, Sundays and legal holidays, the bid opening shall be extended 7 days. If the Contracting Authority approves, the bid opening may be extended for more than 7 days, and consideration for additional advertising may be recommended.

3.3.2 As part of issuing any Addendum earlier than 72 hours prior to the published time for the bid opening, excluding Saturdays, Sundays and legal holidays, only the Contracting Authority may approve a revised bid opening date or additional advertising.

3.4 Bid Evaluation Criteria

3.4.1 The Contracting Authority reserves the right to accept or reject any or all Bids, in whole or in part, and reserves the right to award the Contract to any remaining Bidder the Contracting Authority determines, in its sole discretion, to have submitted the lowest responsive and responsible Bid.

3.4.2 The Contracting Authority reserves the right to accept or reject any or all Alternates. Alternates may be accepted or rejected in any order.

3.4.3 If any Bidder has engaged in collusive bidding, the Contracting Authority shall reject that Bidder’s Bid as non-responsible for the Contract. A collusive bidder may also be debarred from future State Contracts.

3.4.4 The Contracting Authority reserves the right to waive, or to allow any Bidder a reasonable opportunity to cure a minor irregularity or technical deficiency in a Bid, provided the irregularity or deficiency does not affect the bid amount, or otherwise give the Bidder a competitive advantage. Noncompliance with any material requirements of the Contract Documents shall cause a Bid to be rejected as non-responsive.

3.4.5 If, in the opinion of the Owner, the award of the Contract to the lowest Bidder is not in the best interest of the State, with the written consent of the Contracting Authority, the Owner may accept, in its discretion, another Bid so opened, or the Contracting Authority may reject all Bids and advertise for other Bids. The advertisement shall be for the period, in the form, and in the publications directed by the Contracting Authority.

3.5 Bid Evaluation Procedure

3.5.1 The Contract shall be awarded to the lowest responsive and responsible Bidder as determined in the discretion of the Contracting Authority, or all Bids may be rejected in accordance with Applicable Law.

3.5.1.1 In determining which Bid is the lowest, the Contracting Authority shall consider the Base Bid and the bid amounts for any Alternate, or Alternates, which the Owner decides, in its sole discretion, to accept.

3.5.1.2 The total of the bid amounts for the accepted Alternate(s) shall be added to, or deducted from, the Base Bid, as applicable, for determining the lowest Bidder.

3.5.1.3 If two Bidders submit the same bid amount and both are determined to be responsive and responsible, the Contracting Authority may select one Bidder by the flip of a coin, which shall be conducted in the presence of both Bidders and shall be final.

.1 If one of the Bidders refuses to participate in, or fails to be present at, the flip of a coin, the remaining Bidder shall be selected.

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3.5.2 A Bidder for a Contract shall be considered responsive if the Bidder's Bid responds to the Contract Documents in all material respects and contains no irregularities or deviations from the Contract Documents that would affect the amount of the Bid or otherwise give the Bidder a competitive advantage.

3.5.2.1 A Bid shall be rejected as non-responsive if the Bid contains a Bid Guaranty executed by a Surety not licensed in Ohio or a Bid Guaranty that is otherwise determined to be insufficient by the Contracting Authority.

3.5.2.2 The Bidder may be subject to a Pre-Award Affirmative Action Compliance Review pursuant to OAC Section 123:2-5-01 including a review of the Bidder’s employment records and an on-site review.

.1 The Bidder must submit the information requested no later than 10 days after receipt of the request. Failure to timely respond to this request for records may result in the Bidder being found non-responsive.

3.5.2.3 If the lowest Bidder is non-responsive, the Bidder shall be notified according to Section 3.6.

3.5.3 In determining whether a Bidder is responsible, factors to be considered include, without limitation:

3.5.3.1 preferences required by law, where applicable;

3.5.3.2 the experience of the Bidder;

3.5.3.3 the financial condition of the Bidder;

3.5.3.4 the conduct and performance of the Bidder on previous Contracts, including compliance with Equal Employment Opportunity in the Construction Industry Administrative Rules, OSHA and Prevailing Wage laws, and demonstration of good faith effort to participate in the EDGE Business Development program, or actual participation in the EDGE Business Development program, or both, as indicated in the ORC and the Ohio Administrative Code;

3.5.3.5 the facilities of the Bidder;

3.5.3.6 the management skills of the Bidder, including the capability of the Bidder to construct and manage the entire Project, including but not limited to the plumbing, fire protection, heating, ventilating and air conditioning, and electrical branches or classes of the Work; and

3.5.3.7 the Bidder’s ability to execute the Contract properly, including past performance of the Bidder and the Subcontractors that the Bidder proposes to use on the Project.

3.5.4 The A/E shall obtain from the lowest responsive Bidder any information the Contracting Authority determines appropriate to consideration of factors showing responsibility. If the lowest responsive Bidder is responsible, the Contract shall be awarded to that Bidder, unless all Bids are rejected. The Bidder shall provide all requested information within 3 days of a request from the A/E, or a longer period, if the Contracting Authority consents in writing.

3.5.5 If the lowest responsive Bidder is not responsible, the Contracting Authority shall evaluate the next lowest Bidder according to the procedures set forth in this Section 3.5 until the Contract is awarded, all Bids are rejected, or all responsive Bidders are determined to be not responsible.

3.6 Rejection of Bid

3.6.1 If the lowest Bidder is not responsive or responsible, the Contracting Authority shall reject the Bid and notify the Bidder in writing by Certified Mail of the finding and the reasons for the finding.

3.6.2 Ten Percent Rule.

3.6.2.1 If the lowest responsive and responsible Bid for the Contract, including the Base Bid and accepted Alternates if any, exceeds an amount 10 percent greater than the published Estimated Construction Cost for the Contract, the Contracting Authority shall reject all Bids.

3.6.3 A Bidder notified in accordance with Section 3.6.1 may object to its rejection by filing a written protest, which must be received by the Contracting Authority within 5 days of the notification provided pursuant to Section 3.6.1.

3.6.4 Upon receipt of a timely protest, the Contracting Authority shall meet with the protesting Bidder to hear its objections. ORC Chapter 119 administrative hearing requirements are not applicable to the bid protest meeting.

3.6.4.1 No Contract award shall become final until after the Contracting Authority has met with all Bidders who have timely filed protests and the award of the Contract is affirmed by the Contracting Authority.

3.6.4.2 If all protests are rejected, the Contract shall be awarded to the lowest responsive and responsible Bidder, or all Bids shall be rejected.

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3.7 Notice of Intent to Award

3.7.1 The Contracting Authority shall notify the apparent successful Bidder that upon satisfactory compliance with all conditions precedent for execution of the Contract, within the time specified, the Bidder shall be awarded the Contract.

3.7.2 The Contracting Authority reserves the right to rescind any Notice of Intent to Award if the Contracting Authority determines it issued the Notice of Intent to Award in error, or if the conditions precedent for execution of Contract set forth in Article 6 are not met.

ARTICLE 4 - WITHDRAWAL OF BID

4.1 Withdrawal prior to Bid Opening

4.1.1 A Bidder may withdraw a Bid after the Contracting Authority receives the Bid, provided the Bidder makes a request in writing and the Contracting Authority receives the request prior to the time of the bid opening, as determined by the Contracting Authority.

4.2 Withdrawal after Bid Opening

4.2.1 The Bid shall remain valid and open for acceptance for a period of 60 days after the bid opening; provided, however, a Bidder may withdraw a Bid from consideration after the bid opening if the bid amount was substantially lower than the amounts of other Bids, providing the Bid was submitted in good faith, and the reason for the bid amount being substantially lower was a clerical mistake, as opposed to a judgment mistake, and was actually due to an unintentional and substantial arithmetic error or an unintentional omission of a substantial quantity of Work, labor, or material made directly in the compilation of the bid amount.

4.2.1.1 Notice of a request to withdraw a Bid shall be made in writing filed with the Contracting Authority within 2 business days after the bid opening. The Contracting Authority reserves the right to request the Bidder to submit evidence substantiating the Bidder’s request to withdraw the Bid.

4.2.1.2 No Bid may be withdrawn under Section 4.2.1 which would result in awarding a Contract involving the same item on another Bid to the same Bidder.

4.2.2 If a Bidder withdraws its Bid under Section 4.2.1, the Contracting Authority may award the Contract to the next lowest responsive and responsible Bidder, or reject all Bids and advertise for other Bids. In the event the Contracting Authority advertises for other Bids, the withdrawing Bidder shall pay the costs, in connection with the re-bidding, of printing new Contract Documents, required advertising, and printing and mailing of notices to prospective Bidders, if the Contracting Authority finds that these costs would not have been incurred but for the withdrawal.

4.2.3 A Bidder may withdraw the Bidder’s Bid at any time after the 60-day period described in Section 4.2.1 by giving written notice to the Contracting Authority.

4.3 Refusal to Accept Withdrawal

4.3.1 If the Contracting Authority contests the right of a Bidder to withdraw a Bid pursuant to Section 4.2.1, a hearing shall be held within 10 days after the bid opening and the Contracting Authority shall issue an order allowing or denying the claim of this right within 5 days after the hearing is concluded. The Contracting Authority shall give the withdrawing Bidder timely notice of the time and place of the hearing.

4.3.1.1 The Contracting Authority shall make a stenographic record of all testimony, other evidence, and rulings on the admissibility of evidence presented at the hearing. The Bidder shall pay the costs of the hearing.

4.3.1.2 Pursuant to ORC Section 119.12, the Bidder may appeal the order of the Contracting Authority required by Section 4.3.1.

4.4 Refusal to Perform

4.4.1 In the event the Contracting Authority denies the request for withdrawal and the Bidder refuses to perform the Contract, the Contracting Authority may reject all Bids or award the Contract to the next lowest responsive and responsible Bidder.

4.5 Effect of Withdrawal

4.5.1 A Bidder, who is permitted to withdraw a Bid under Section 4.2.1, shall not supply material or labor to, or perform a subcontract or other work for, the Person to whom the Contract is awarded; or otherwise benefit, directly or indirectly, M160-00 21 13 2022-APR Page 9 of 13 from the performance of the Project for which the withdrawn Bid was submitted; without the Contracting Authority’s prior written consent.

ARTICLE 5 - BID GUARANTY AND BOND

5.1 Bid Guaranty

5.1.1 The Bidder shall submit a Bid Guaranty with the Bidder’s Bid, payable to the Contracting Authority, in the form of either:

5.1.1.1 the signed Document 00 43 13 - Bid Security Form contained in the Contract Documents for the amount of the Base Bid plus all additive Alternates; or

5.1.1.2 a certified check, cashier's check, or letter of credit, for 10 percent of the Base Bid, plus all additive Alternates – a letter of credit shall expressly provide that it is revocable only by the Contracting Authority.

5.1.2 The Bid Guaranty shall be in form and substance satisfactory to the Contracting Authority and shall serve as an assurance that upon acceptance of the Bid, the Bidder shall comply with all conditions precedent for Contract execution, within the time specified by the Contracting Authority.

5.1.3 If the blank line on the Bid Security Form is not filled in, the penal sum shall be the full amount of the Base Bid plus all additive Alternates. If the blank line is filled in, the amount shall not be less than the full amount of the Base Bid plus all additive Alternates, stated in dollars and cents. A percentage is not acceptable. In the event the blank line is filled in for an amount less than the full amount of the Base Bid plus all additive alternates, the Bid shall be rejected as non-responsive.

5.1.4 An authorized agent must sign the Bid Security Form, and the Bidder shall provide a Power of Attorney from the Surety. A Surety authorized by the Ohio Department of Insurance to transact business in Ohio must issue the Bid Security Form.

5.1.5 The requirements of ORC Section 3901.86 may be applicable requiring an Ohio resident agent countersign the Bid Security Form. The Bidder shall determine the applicability of this provision.

5.1.6 Bid Guaranties in the form of a certified check, cashier's check, or letter of credit shall be returned to unsuccessful Bidders 60 days after the bid opening. Bid Guaranties in the form of a certified check, cashier's check, or letter of credit shall be returned to the successful Bidder upon providing Document 00 61 13 - Performance and Payment Bond Form from a Surety satisfactory to the Contracting Authority.

5.2 Forfeiture of Bid Guaranty

5.2.1 If for any reason, other than as authorized by Section 4.2.1 or Section 5.3, the Bidder fails to execute the Agreement, and the Contracting Authority awards the Contract to another Bidder, which the Contracting Authority determines is the lowest responsive and responsible Bidder:

5.2.1.1 The Bidder who failed to execute the Agreement is liable to the State for the difference between its Bid and the Bid of the next lowest responsive and responsible Bidder, or for a penal sum not to exceed ten percent of the bid amount, whichever is less.

5.2.2 If the Contracting Authority then awards a Contract to another Bidder, which the Contracting Authority determines is the lowest responsive and responsible Bidder and that Bidder fails or refuses to execute the Agreement:

5.2.2.1 The liability of the lowest responsive and responsible Bidder shall be the difference between the bid amount of the lowest responsive and responsible Bidder and another Bidder which the Contracting Authority determines is the lowest responsive and responsible Bidder, except as provided in Section 5.3, but not in excess of the liability specified in Section 4.2.2.

5.2.2.2 The liability on account of an award to the lowest responsive and responsible Bidder beyond the third lowest responsive and responsible Bidder shall be determined in like manner.

5.2.3 If the Contracting Authority does not award the Contract to another Bidder under Section 5.2.2, but submits the Project for re-bidding:

5.2.3.1 The Bidder failing or refusing to execute the Agreement is liable to the State for a penal sum not to exceed 10 percent of the Bidder's bid amount 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, except as provided in Section 5.3.

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5.3 Exception to Forfeiture

5.3.1 A Bidder for a Contract with the State costing less than $500,000 may withdraw its Bid from consideration if its Bid for another Contract with the State for less than $500,000 has already been accepted if:

5.3.1.1 the Bidder certifies in good faith that the total amount of its current contracts is less than $500,000; and

5.3.1.2 the Bidder's Surety certifies in good faith that the Bidder is unable to perform the subsequent Contract because such performance would exceed the Bidder's bonding capacity.

5.3.2 If a Bid is withdrawn pursuant to Section 5.3.1:

5.3.2.1 the Contracting Authority may award the Contract to another Bidder which the Contracting Authority determines is the lowest responsive and responsible Bidder or reject all Bids and submit the Project for re-bidding;

and

5.3.2.2 neither the withdrawing Bidder nor the Bidder's Surety shall be liable for the difference between the Bidder's Bid and that of the next lowest responsive and responsible Bidder for a penal sum, or for the costs of printing new Contract Documents, required advertising, and printing and mailing notices to prospective Bidders.

5.4 Bond

5.4.1 Prior to signing the Agreement, the Bidder shall provide the Bond required by law in form and substance satisfactory to the Contracting Authority, and from a Surety licensed to do business in the state of Ohio and satisfactory to the Contracting Authority.

5.4.1.1 If the Bidder provided Document 00 43 13 - Bid Security Form, described in Section 5.1.1.1, as its Bid Guaranty then that form shall be the Bond.

5.4.1.2 If the Bidder provided another form of Bid Guaranty, described in Section 5.1.1.2, then Document 00 61 13

- Performance and Payment Bond Form, described in Section 5.1.6, shall be the Bond.

5.4.1.3 The Bidder shall not be required to provide both forms described above.

5.4.2 The Bond must be in the full amount of the Contract to indemnify the State against all direct and consequential damages suffered by failure of the Contractor to perform according to the provisions of the Contract and in accordance with the Plans, Specifications, details, and bills of material therefore and pay all lawful claims of Subcontractors, Material Suppliers, and laborers for labor performed or materials furnished in performing and completing the Contract.

ARTICLE 6 - CONTRACT AWARD AND EXECUTION

6.1 Conditions Precedent for Execution of Contract

6.1.1 The successful Bidder must submit the items in this Section 6.1 to the Contracting Authority before executing the Agreement.

6.1.2 Bond, and to support the Bond, a Certificate of Compliance issued by the Ohio Department of Insurance, showing the Surety is licensed to do business in the state of Ohio.

6.1.3 Ohio Workers' Compensation Certificate

6.1.4 Certificate of Compliance with Affirmative Action Programs, issued by the Equal Opportunity Coordinator. The form must be submitted through the Ohio Business Gateway: http://business.ohio.gov/efiling/.

6.1.5 Certificate of Insurance (ACORD form is acceptable) and copy of additional insured or loss payee endorsement.

The Contracting Authority reserves the right to request and receive a certified copy of the Contractor's insurance policies.

6.1.6 If a Bidder is a foreign corporation (e.g., not incorporated under the laws of Ohio) it must submit a Certificate of Good Standing from the Ohio Secretary of State showing the right of the Bidder to do business in the state of Ohio.

6.1.7 If a Bidder is an individual or partnership, nonresident of the State, it must submit a Power of Attorney designating the Ohio Secretary of State as the Bidder's agent for accepting service of summons in any action brought under ORC Section 153.05 or under ORC Sections 4123.01 to 4123.94, inclusive.

6.1.8 If the Contract includes plumbing; electrical; hydronics; refrigeration; and heating, ventilating and air conditioning (“HVAC”) Work, the Contractor or its Subcontractors must submit proof of current licensing pursuant to Applicable Law.

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6.1.9 Evidence that the Bidder is enrolled in, and in good standing in, a DFSP approved by the OBWC.

6.1.10 Required Notice of Unresolved Findings for Recovery.

6.1.10.1 By submitting its Bid, the Bidder warrants that it is not subject to an unresolved findings for recovery under ORC Section 9.24. ORC Section 9.24 prohibits the State from awarding a Contract to any Bidder against whom the Auditor of State has issued a finding for recovery if the finding for recovery is unresolved at the time of award. If the Contract is awarded to a Bidder subject to an unresolved finding for recovery under ORC Section 9.24, the Contract is void on its face and the Contractor shall immediately repay to the Owner any funds paid under the Contract.

6.1.11 EDGE Program – Supporting Documentation Required.

6.1.11.1 The Bidder shall provide evidence acceptable to the Contracting Authority of the Bidder’s participation in the EDGE Program by contracting with EDGE-certified Business Enterprise(s) for the Project by submitting a fully completed EDGE Affidavit for each EDGE-certified Business Enterprise, by requesting a waiver or partial waiver of the advertised EDGE Program participation goal for the Project on the Bidder’s company letterhead including full documentation of the Bidder’s good faith effort to contract with EDGE-certified Business Enterprise(s) for this Project, or both.

6.1.12 Registered Apprentices – Supporting Documentation Required.

6.1.12.1 The Bidder shall provide evidence acceptable to the Contracting Authority of the registration of all apprentices who the Bidder or its Subcontractors intend to employ on the Project pursuant to ORC Section 4115.05.

6.1.13 If the Bidder is a joint venture, it must submit the executed agreement between the joint venturers describing the division of services/work and percentage of contract for each company, and a Power of Attorney which authorizes one or more individuals to bind the joint venture and each individual joint venturer to Contract Modifications.

6.2 Non-compliance with Conditions Precedent

6.2.1 The award of the Contract and execution of the Agreement require the Contractor to comply with:

6.2.1.1 all conditions precedent for execution of the Contract within 10 days of the date of the Notice of Intent to Award; and

6.2.1.2 the Bidder’s Qualifications form, including a fully completed EDGE Affidavit for each EDGE-certified Business Enterprise, not previously provided within 3 business days of receiving the Contracting Authority’s request.

6.2.2 Non-compliance with the conditions precedent for execution of the Contract as stated in Section 6.1 within the timelines stated in Section 6.2.1 following the date of the Notice of…