CMR General Conditions.pdfCMR General Conditions.pdf

Document 00 72 23 - General Conditions (CM at Risk Project) State of Ohio Standard Requirements for Public Facility Construction

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TABLE OF CONTENTS

ARTICLE 1 - CM’S RESPONSIBILITIES

ARTICLE 2 - STATE’S RIGHTS AND RESPONSIBILITIES

ARTICLE 3 - A/E’S RESPONSIBILITIES

ARTICLE 4 - SUBCONTRACTORS

ARTICLE 5 - PRECONSTRUCTION SERVICES

ARTICLE 6 - CONSTRUCTION AND CLOSEOUT

ARTICLE 7 - MODIFICATIONS

ARTICLE 8 - DISPUTE RESOLUTION

ARTICLE 9 - COMPENSATION AND PAYMENT

ARTICLE 10 - BONDS, INSURANCE, AND INDEMNIFICATION

ARTICLE 11 - SUSPENSION AND TERMINATION

ARTICLE 12 - GENERAL PROVISIONS

KEYWORD INDEX

ARTICLE 1 - CM’S RESPONSIBILITIES

1.1 Nondiscrimination

1.1.1 The CM shall comply with Applicable Law regarding equal employment opportunity, including ORC Section

153.59 and all Executive Orders issued by the Governor of the state of Ohio.

1.1.1.1 As required under ORC Section 153.59, the CM agrees to both of the following:

.1 “in the hiring of employees for the performance of work under the contract or any subcontract, no contractor, subcontractor, or any person acting on a contractor’s or subcontractor’s behalf, by reason of race, creed, sex, disability or military status as defined in section 4112.01 of the Revised Code, or color, shall discriminate against any citizen of the state in the employment of labor or workers who is qualified and available to perform the work to which the employment relates;” and

.2 “no contractor, subcontractor, or any person on a contractor’s or subcontractor’s behalf, in any manner, shall discriminate against or intimidate any employee hired for the performance of work under the contract on account of race, creed, sex, disability or military status as defined in section 4112.01 of the Revised Code, or color.”

1.1.1.2 The CM shall cooperate fully with the State’s Equal Opportunity Coordinator (“EOC”), with any other official or agency of the state or federal government that seeks to eliminate unlawful employment discrimination, and with all other state and federal efforts to assure equal employment practices under the Contract.

1.1.1.3 In the event the CM fails to comply with these nondiscrimination clauses, the Contracting Authority shall deduct from the amount payable to the CM a forfeiture of the statutory penalty pursuant to ORC 153.60 for each person who is discriminated against or intimidated in violation of this Section 1.1.1.

1.1.1.4 The Contract may be terminated or suspended in whole or in part by the Contracting Authority and all money to become due hereunder may be forfeited in the event of a subsequent violation of this Section 1.1.1.

1.1.2 Hiring Under State Public Improvement Contracts.

1.1.2.1 Any provision of a hiring hall contract or agreement which obligates the CM to hire, if available, only employees referred to the CM by a labor organization shall be void as against public policy and unenforceable with respect to employment under any public improvement contract unless at the date of execution of the hiring hall contract or agreement, or within 30 days thereafter, the labor organization has procedures in effect for referring qualified employees for hire without regard to race, color, religion, national origin, military status as defined in ORC Section 4112.01, or ancestry and unless the labor organization includes in its apprentice and journeyman’s

Document 00 72 23 General Conditions (CM at Risk Project)

M170-00 72 23 OCT-2025 Page 2 of 88 membership, or otherwise has available for job referral without discrimination, qualified employees, both whites and non-whites (including African-Americans).

1.2 Prevailing Wages

1.2.1 The CM shall comply with the prevailing wage requirements described under ORC Chapter 4115 that include, without limitation, the requirements described under this Section 1.2.

1.2.2 If the Project is subject to payment of prevailing wage rates, the CM shall:

1.2.2.1 pay to laborers and mechanics performing Work on the Project the prevailing wage rates of the Project locality, as determined by the Ohio Department of Commerce, Wage and Hour Bureau;

1.2.2.2 post in a prominent place readily accessible by all workers on the Site, a legible listing of the current classifications of laborers, workers, and mechanics employed under this Contract;

1.2.2.3 ensure that the rates posted are current and remain posted in legible condition during the period of the Contract; and

1.2.2.4 not be entitled to an increase in the Contract Sum on account of an increase in prevailing wage rates, except as otherwise provided by Applicable Law.

1.2.3 The CM may access the Ohio Department of Commerce, Wage & Hour Bureau at its website, http://198.234.41.198/w3/webwh.nsf/pages/PrevailingWageBid, to obtain the current wage rates.

1.3 Royalties and Patents

1.3.1 The CM shall pay all royalties and license fees and assume all costs incident to the use, in the performance of the Work or the incorporation in the Work, of any invention, design, process, product, or device that is the subject of patent rights or copyrights held by others.

1.3.2 If the CM has reason to believe that use of the specified item is subject to patent or copyright protection, the CM shall immediately notify the Contracting Authority.

1.4 Assignment of Antitrust Claims

1.4.1 By signing the Agreement, the CM assigns, conveys and transfers to the Contracting Authority any right, title, and interest to any claims or causes of action it may have or acquire under state or federal antitrust laws relating to any goods, products, or services purchased, procured, or rendered to the State pursuant to the Contract.

1.5 Use of Domestic Steel

1.5.1 The CM is required by law to supply domestically produced steel products used for load-bearing structural purposes on all projects funded in whole or in part with State funds.

1.5.2 The CM and Subcontractors shall comply with ORC Section 153.011 regarding the use of domestically produced steel products for load bearing structural purposes on all projects funded in whole or in part with State funds. Copies of ORC Section 153.011 may be obtained from the Ohio Facilities Construction Commission or downloaded at http://codes.ohio.gov/orc/153.011v1.

1.6 Drug Free Safety Program Participation

1.6.1 Throughout the performance of the Work, the CM shall be enrolled in and remain in good standing in the Ohio Bureau of Workers’ Compensation (“OBWC”) Drug-Free Safety Program (“DFSP”) or a comparable program approved by the OBWC that meets the requirements specified in ORC Section 153.03 (“OBWC-approved DFSP”).

1.6.2 As required under ORC Section 153.03(E):

1.6.2.1 “Each contractor shall require all subcontractors with whom the contractor is in contract for the public improvement to be enrolled in and be in good standing in the Bureau of Workers’ Compensation’s Drug-Free Workplace Program or a comparable program approved by the Bureau that meets the requirements specified in section 153.03 of the Revised Code prior to a subcontractor providing labor at the project site of the public improvement.”

1.6.2.2 “Each subcontractor shall require all lower-tier subcontractors with whom the subcontractor is in contract for the public improvement to be enrolled in and be in good standing in the Bureau of Workers’ Compensation’s Drug- Free Workplace Program or a comparable program approved by the Bureau that meets the requirements specified in http://198.234.41.198/w3/webwh.nsf/pages/PrevailingWageBid http://codes.ohio.gov/orc/153.011v1

M170-00 72 23 OCT-2025 Page 3 of 88 section 153.03 of the Revised Code prior to a lower-tier subcontractor providing labor at the project site of the public improvement.”

1.6.2.3 “Failure of a contractor to require a subcontractor to be enrolled in and be in good standing in the Bureau of Workers’ Compensation’s Drug-Free Workplace Program or a comparable program approved by the Bureau that meets the requirements specified in section 153.03 of the Revised Code prior to the time that the subcontractor provides labor at the project site will result in the contractor being found in breach of the contract and that breach shall be used in the responsibility analysis of that contractor or the subcontractor who was not enrolled in a program for future contracts with the State for five years after the date of the breach.”

1.6.2.4 “Failure of a subcontractor to require a lower-tier subcontractor to be enrolled in and be in good standing in the Bureau of Workers’ Compensation’s Drug-Free Workplace Program or a comparable program approved by the Bureau that meets the requirements specified in section 153.03 of the Revised Code prior to the time that the lower-tier subcontractor provides labor at the project site will result in the subcontractor being found in breach of the contract and that breach shall be used in the responsibility analysis of that subcontractor or the lower-tier subcontractor who was not enrolled in a program for future contracts with the State for five years after the date of the breach.”

1.6.3 Prior to authorizing a Subcontractor to commence Work on the Site, the CM shall obtain the Contracting Authority’s approval, and shall also submit to the A/E written confirmation of the Subcontractor’s enrollment on the Subcontractor and Material Supplier Declaration form.

1.6.4 In addition to OBWC-approved DFSP Basic requirements, the CM, each Subcontractor, and each Separate Contractor that provides labor on the Site shall participate in a pool that performs random drug testing of at least five percent of its employees who perform labor on the Site. The random drug testing percentage shall also include the on-site supervisors of the CM, Subcontractors, and Separate Contractors. Basic random drug testing shall otherwise comply with the same testing guidelines and criteria as required for OBWC-approved advanced testing. The CM and each Subcontractor shall provide evidence of required testing to the Contracting Authority upon request.

1.7 Use of Project Management Software

1.7.1 If the Contracting Authority decides, in its sole discretion, to use project management software for the Project, the CM shall use that software for all compatible services required under this Contract.

1.7.2 All costs for the CM’s use of the project management software for the Project shall be included in its Preconstruction Stage Compensation and Contract Sum, as applicable. If the CM’s staff or its Consultants are unfamiliar with the proper use of the software, the CM shall provide its staff and Consultants for training without additional compensation.

1.8 EDGE Participation and Reporting

1.8.1 The CM shall participate in the “Encouraging Diversity, Growth and Equity” (“EDGE”) Program by subcontracting with, and using one or more businesses certified as an EDGE Business Enterprise (“EDGE-certified Business”) by the EOC.

1.8.1.1 If the CM is an EDGE-certified Business, the CM may include its own compensation under this Contract in the reporting.

1.8.1.2 The amount of EDGE participation cannot exceed 100 percent of the sum of the CM’s Preconstruction Stage Compensation plus the Contract Sum.

1.8.1.3 The CM shall include in the reporting only those expenditures to EDGE-certified Businesses that perform a commercially useful function as described in OAC Section 123:2-16-15.

1.8.2 The CM shall provide an EDGE Participation Report with each of the CM’s invoices for Preconstruction Stage Compensation and each CM Payment Request.

1.8.2.1 The CM shall provide status reports, produced by the CM and each applicable EDGE-certified Business for the Contract, indicating:

.1 the name of each EDGE-certified Business;

.2 the federal tax identification number of each EDGE-certified Business;

.3 the date of the EDGE-certified Business contract, Subcontract, or purchase order;

.4 the projected and actual start and end dates of the EDGE-certified Business contract, Subcontract, or purchase order;

.5 the original amount of the EDGE-certified Business contract, Subcontract, or purchase order with the CM;

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.6 the current amount of the EDGE-certified Business contract, Subcontract, or purchase order;

.7 the amount invoiced to date;

.8 the amount paid to date;

.9 the status of the EDGE-certified Business contract, Subcontract, or purchase order (active, complete, or void); and

.10 a statement describing any substantive product or performance deficiencies.

1.8.2.2 The CM shall provide reports for each EDGE-certified Business; however, the reports may be consolidated and submitted as one document.

1.8.3 The CM shall provide an EDGE Participation Final Report simultaneously with its final CM Payment Request.

1.8.3.1 The CM and each EDGE-certified Business shall provide in the report certification that the submitted document is a true and accurate accounting of the original contract amount paid to and, received by each EDGE-certified Business.

1.8.4 The CM shall provide the EDGE Participation Reports in detail and form acceptable to the Contracting Authority.

1.8.4.1 Failure to timely submit EDGE Participation Reports may result in withholding payment in accordance with Section 9.2.15.

1.8.5 The CM shall cooperate fully with requests for additional EDGE information and documentation from the EOC or Contracting Authority.

1.9 Owner Work Rules

1.9.1 The CM shall consult with the Owner to obtain full knowledge of the Owner’s rules, regulations, or requirements affecting the Project.

1.10 Emergency

1.10.1 In the event of an emergency affecting the safety of the Project, other property, or individuals, the CM, without special instruction or authorization, shall act to prevent the threatened damage, injury, or loss.

1.10.2 If the CM believes that it is entitled to an adjustment of the Contract Sum or Contract Times, or both, on account of its actions in response to an emergency, the CM shall initiate a Change Request (1) as required under Section 7.6; and

(2) within the time period required under Section 7.6, which begins to run on the day that the emergency began.

1.11 CM’s Standard of Care

1.11.1 The CM shall perform the Work in a workmanlike manner, consistent with the standards of skill and care exercised by entities licensed to perform (where required under Applicable Law) and regularly performing comparable work in the same or similar locality under the same or similar circumstances.

1.12 Limit of CM’s Responsibility

1.12.1 The CM is not responsible for the A/E’s negligence or the A/E’s failure to properly perform the A/E’s contract.

1.13 Sustainability Requirements

1.13.1 This Project shall be designed and constructed in accordance with the requirements of Am. Sub. H.B. 251 of the 126th General Assembly and the resulting rules, policies, and procedures adopted by the Ohio Facilities Construction Commission establishing Sustainability Requirements for Capital Improvements Projects, including but not limited to the applicable provisions of OAC 3318-3.

1.13.1.1 The CM shall assist the A/E to incorporate cost-effective, energy-efficient, green building practices to the maximum extent possible into the Project.

1.13.2 If the Project is designed and constructed under the Leadership in Energy and Environmental Design (“LEED”) Rating System developed by the U.S. Green Building Council or another rigorous rating system used to facilitate achievement of sustainability goals for the Project, the CM shall provide submittals certifying achievement of sustainable design rating system criteria for verification by the Green Building Certification Institute or other third party in accordance with the Contract Documents.

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ARTICLE 2 - STATE’S RIGHTS AND RESPONSIBILITIES

2.1 Contracting Authority

2.1.1 The Contracting Authority shall designate a Project Manager for the Project. The Project Manager is authorized to act on behalf of the Contracting Authority to perform specific responsibilities under the Contract.

2.1.2 The Contracting Authority shall furnish information and services required of it in a timely manner.

2.1.3 The Contracting Authority shall have access to the Work at all times whenever the Project is in preparation or progress.

2.1.4 The Ohio Facilities Construction Commission requires use of its forms where indicated in the Contract Documents.

The party responsible for initiating forms shall utilize the latest edition obtained from the Commission’s website:

http://ofcc.ohio.gov. The Commission may make modifications to its forms at any time.

2.1.4.1 The CM shall not modify any form provided by the Commission or Contracting Authority.

2.1.4.2 If the Project is administered using project management software, the CM shall utilize the web-based forms and reports within the applicable business process. The project management software is sponsored by the Commission, and the web-based forms and reports are acceptable to the Commission in lieu of its paper forms.

2.1.5 The Contracting Authority is not responsible for construction means, methods, manners, techniques, sequences, procedures, or for safety precautions and programs in connection with the Work, or for the CM’s failure to carry out the Work in conformity with the Contract Documents.

2.2 Owner

2.2.1 The Owner shall designate a representative authorized to act on behalf of the Owner during the Project.

2.2.2 The Owner shall furnish information and services required of it in a timely manner.

2.2.3 The Owner shall have access to the Work at all times whenever the Project is in preparation or progress.

2.2.4 Upon issuance of the Notice to Proceed, the Owner shall provide the Site to the CM in a condition to permit the CM to perform the Work.

2.2.5 The Owner may request a change in the Work if the A/E recommends and the Contracting Authority approves the change.

2.2.6 The Owner shall communicate with the CM through the Contracting Authority.

2.2.7 The Owner is not responsible for construction means, methods, manners, techniques, sequences, procedures, or for safety precautions and programs in connection with the Work, or for the CM’s failure to carry out the Work in conformity with the Contract Documents.

2.3 Approval of Owner, Contracting Authority, and State

2.3.1 The Owner, Contracting Authority, or State’s review and approval of the Work and any information the CM submits to them is for the sole purpose of determining whether the Work and information are generally consistent with the Contract’s intent, and will not relieve the CM of its sole responsibility for the performance, preparation, completeness, and accuracy of the Work and information.

2.4 Neutral Facilitation

2.4.1 The Contracting Authority or Owner may engage a Neutral Facilitator for the purposes of (1) building cooperative relationships among the Project participants to achieve discrete objectives; (2) encouraging educated, productive, and expedited attempts to avoid, minimize, and resolve disputes; and (3) maximizing the effectiveness of each participant’s resources.

2.4.1.1 For example, a Neutral Facilitator may facilitate the preconstruction organizational meeting, meetings associated with establishment of the GMP, and efforts to resolve disputes throughout the Project.

2.4.2 The Contracting Authority, Owner, and CM are entitled to interact with the Neutral Facilitator with the full expectation that (1) they may act, speak, and disclose information with complete candor and (2) all communication, whether oral or written, made in the course of facilitated sessions is confidential.

http://ohio.gov/sao

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2.4.3 At any hearing or proceeding regarding any dispute arising out of or related to the Project (1) the Neutral Facilitator will not be competent to testify and shall not be called as a witness and (2) the Neutral Facilitator’s testimony and work product will not be admissible.

2.4.4 The Neutral Facilitator will not (1) perform any services with respect to or bear any responsibility for any legal services, design-professional services, construction, or construction management associated with the Project or (2) have any liability whatsoever for any claims related to any legal services, design-professional services, construction, or construction management associated with the Project, including without limitation, claims for legal or design-professional errors or omissions, delays, cost overruns, faulty construction, or increased costs.

2.4.5 The Neutral Facilitator’s participation in the Project will not relieve the Contracting Authority, Owner, and CM of any of their respective rights or obligations under the Contract.

2.5 CM Performance Evaluation

2.5.1 The Contracting Authority may evaluate the CM’s performance during the progress of the Work, at completion of a Phase of the Project, completion of the Project, or any of the foregoing. The Contracting Authority shall retain the evaluation(s).

2.5.1.1 The CM may request a copy of the completed evaluation(s). If the CM wishes to comment or take exception to any rating or remark, the CM shall send a response in writing to the Contracting Authority within 30 days after receiving the evaluation(s).

2.5.1.2 The Contracting Authority may use the evaluation(s) in determining the responsibility of the CM for award of future contracts.

2.5.1.3 The Contracting Authority may request information from the CM for use in evaluating the A/E’s performance. If information is requested, the CM shall comply in a timely and responsive manner.

2.5.1.4 If a breach of the Contract is committed by the CM or is attributable to a Subcontractor, that breach will be used in the responsibility analysis of the CM and Subcontractor (where applicable) for future contracts with the State or subcontracts on State projects for five years after the date of the breach.

ARTICLE 3 - A/E’S RESPONSIBILITIES

3.1 The A/E’s Contract Administration Duties

3.1.1 The A/E shall administer the Contract as provided in the Contract Documents and Architect/Engineer Agreement, including, but not limited to, performance of the functions described as follows:

3.1.1.1 The A/E shall attend and conduct progress meetings. The A/E shall prepare an agenda and produce a written report of each progress meeting, and distribute the report to the Contracting Authority, Owner, and CM within three business days after the meeting. The A/E shall not delegate the duty to prepare the agenda and written reports of any progress meeting.

3.1.1.2 The A/E may authorize minor changes or alterations in the Work that are consistent with the intent of the Contract Documents and do not involve adjustment of the Contract Sum or Contract Times, or both. The A/E has no authority to authorize the CM to perform additional or extra Work for which the CM may seek adjustment of the Contract Sum or Contract Times, or both.

3.1.1.3 The A/E shall review and recommend, certify, or approve applicable forms required under the Contract Documents.

3.1.1.4 The A/E shall render decisions in connection with the CM’s responsibilities under the Contract Documents, and submit recommendations to the Contracting Authority for enforcement of the Contract as necessary.

3.1.2 The A/E is the initial interpreter of all requirements of the Contract Documents. All decisions of the A/E are subject to final determination by the Contracting Authority.

3.2 Site Visits and Observation

3.2.1 The A/E shall notify, advise, and consult with the Contracting Authority and Owner and protect the State against Defective Work throughout completion of the Project, which includes the Correction Period.

3.2.1.1 The A/E shall designate a field representative, subject to the Contracting Authority’s approval, to attend to the Project, observe and check the progress and quality of the Work, and take action as necessary or appropriate to achieve conformity with the Contract Documents.

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3.2.1.2 The A/E shall have its consultants attend to the Project at intervals required by its agreement or the Contracting Authority.

3.2.2 The A/E is authorized to disapprove or reject Defective Work. The A/E shall immediately notify the Contracting Authority any time the A/E disapproves or rejects an item of Work.

3.2.3 The A/E is not responsible for construction means, methods, manners, techniques, sequences, procedures, or for safety precautions and programs in connection with the Work, or for the CM’s failure to carry out the Work in conformity with the Contract Documents.

3.3 Testing and Inspection Services

3.3.1 Unless otherwise specified in the Contract Documents, the A/E, directly or through a consultant, shall manage, apply for, secure, and pay for the costs of structural testing and special inspections under Chapter 17 of the Ohio Building Code; testing including geotechnical analysis, environmental testing and analysis, concrete, masonry, structural steel, reinforcing steel, welding, bolts, steel connections, HVAC systems and controls, plumbing and piping, air and water balancing and testing, or other testing; or approval required by Applicable Law. The CM shall coordinate with the A/E and cooperate in the A/E’s effort to complete the testing and inspection services required in this Section 3.3.

3.4 Approval of A/E

3.4.1 The A/E’s review and approval of the Work and any information the CM submits to the A/E is for the sole purpose of determining whether the Work and information are generally consistent with the Contract’s intent, and will not relieve the CM of its sole responsibility for the performance, preparation, completeness, and accuracy of the Work and information.

3.5 Limitation of A/E’s Authority

3.5.1 Under no circumstances is the A/E authorized to:

3.5.1.1 bind the Owner or Contracting Authority to any authorizations under, modifications of, or amendments to any contract other than as expressly described under Section 3.1.1.2;

3.5.1.2 accept any defective or non-conforming services, Work, or vendor-furnished items;

3.5.1.3 make any settlements on behalf of the Owner or Contracting Authority; or

3.5.1.4 assume any responsibilities of the CM, Consultants, or Subcontractors.

ARTICLE 4 - SUBCONTRACTORS

4.1 Applicability of Requirements

4.1.1 Sections 4.3 through 4.5 apply to all Work during the Construction Stage (including the CM’s procurement of long-lead-time items before the Date of Commencement) except:

4.1.1.1 the CM’s management and administration of the entire Work, including administration of Subcontracts;

4.1.1.2 General Conditions Work;

4.1.1.3 non-specialty Work valued in the aggregate at less than $250,000 for the Project or for a Phase of the Project if the CM obtains the Contracting Authority’s written approval before commencement of that Work;

4.1.1.4 if the CM obtains the Contracting Authority’s prior written approval for (1) Work under a Subcontract where the CM is supplementing the associated Subcontractor or (2) the balance of the Work under a Subcontract where the CM terminated the Subcontract for cause; and

4.1.1.5 Work performed under a design-assist contract authorized by the Contracting Authority and entered into by the CM as described under Section 4.8.

4.2 Subcontracting Plan

4.2.1 Before the CM solicits Bids for any particular Subcontract, the CM shall submit to and receive the Contracting Authority’s approval of the CM’s Subcontracting Plan, which shall include (1) a scope of Work description for that Subcontract, (2) a proposed list of prequalified prospective Bidders for that Subcontract, and (3) a proposed Bidding Schedule for that Subcontract.

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4.3 Prequalification Criteria

4.3.1 The CM shall establish criteria for prequalification of prospective Bidders on Subcontracts that shall:

4.3.1.1 include the experience of a prospective Bidder, the prospective Bidder’s financial condition, conduct and performance on previous contracts, facilities, management skills, and ability to execute the associated Subcontract properly;

4.3.1.2 further any goals set as part of the EDGE program or other diversity and inclusion program required by Applicable Law;

4.3.1.3 require a prospective Bidder to submit a valid certificate of compliance issued by the EOC under ORC Section 9.47 to establish that it has not been found in violation of any affirmative action program during the last five years preceding the date of the prequalification application; and

4.3.1.4 require a prospective Bidder to submit proof of current licenses to perform the associated Work as required by the Contracting Authority or by Applicable Law.

4.3.2 The CM shall include any additional criteria for specific Subcontracts required by the Owner or Contracting Authority that are consistent with the scope and needs of the Project.

4.3.3 The CM shall submit its proposed prequalification criteria for each Subcontract to the Contracting Authority and place establishment of prequalification criteria on the Project Schedule.

4.3.4 The Contracting Authority shall approve or reject, in whole or in part, the prequalification criteria submitted by the CM. The Contracting Authority will use the approved prequalification criteria for any future analysis it may conduct concerning a prospective Bidder’s responsibility to perform a Subcontract.

4.4 Prequalification Process

4.4.1 The CM shall complete the Prequalification Process for each Subcontract no later than ten days before the CM intends to solicit Bids for that Subcontract unless the Contracting Authority agrees otherwise in writing.

4.4.2 During the Prequalification Process, the CM shall develop prospective Bidders’ interest in the Project and invite at least three prospective Bidders for each Bid package to submit qualifications for evaluation. The Contracting Authority or Owner may require the CM to invite and evaluate more than three prospective Bidders, including specifically those prospective Bidders (if any) the Owner or Contracting Authority asks the CM to contact.

4.4.2.1 To reach prospective Bidders, the CM may place a notice on (1) the State’s public notice website created under ORC 125.182 (with assistance of the Contracting Authority or Owner), (2) the official website of the Owner or Contracting Authority, (3) on other websites such as appropriate trade association websites, news media, or other public media websites, or (4) any combination of the foregoing.

4.4.3 The CM shall evaluate the qualifications of each prospective Bidder that timely submits its qualifications and notify each of them whether they are qualified. The CM’s determination that a Bidder that timely submits its qualifications does not meet the prequalification criteria shall be final.

4.4.4 The CM shall submit the names and qualifications of at least three qualified prospective Bidders to the Contracting Authority for each Bid package. The CM may submit the names of fewer than three qualified prospective Bidders if the CM submits to the Contracting Authority satisfactory documentation that fewer than three qualified prospective Bidders are available. The Contracting Authority, Owner, and CM may meet to review the qualifications of the prospective Bidders on the list the CM submits to the Contracting Authority.

4.4.4.1 Notwithstanding Section 4.4.4, the Contracting Authority may require the CM to submit the names and qualifications of more than three qualified prospective Bidders for all or any particular Bid package. In that case, the CM may submit the names of fewer than the required number of qualified prospective Bidders if the CM submits to the Contracting Authority satisfactory documentation that fewer than the required number of qualified prospective Bidders are available.

4.4.5 The Contracting Authority shall review the list of Bidders that the CM submits, and may rely on the CM’s representations to verify that prospective Bidders meet the prequalification criteria. The Contracting Authority shall complete its review within the period agreed between the Contracting Authority and CM or otherwise with reasonable promptness. The Contracting Authority may eliminate any prospective Bidder it determines is not qualified and notify the CM of the Contracting Authority’s determination and the basis for it. The CM shall promptly notify the prospective Bidder in writing of the Contracting Authority’s decision to eliminate the prospective Bidder and the basis for the Contracting Authority’s determination that the Bidder does not meet the prequalification criteria. The Contracting Authority’s determination that the Bidder does not meet the prequalification criteria shall be final.

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4.5 Subcontract Bidding Process

4.5.1 The CM shall solicit Bids from qualified prospective Bidders identified under Section 4.4 for each Bid package in accordance with the Project Schedule.

4.5.1.1 If the Contracting Authority and CM first agree in writing, the CM may solicit Bids for Work which is not the subject of an executed GMP Amendment. The Contracting Authority and CM may limit that agreement to certain Work. The Contracting Authority may condition that agreement on a reduction of the CM Contingency attributable to that Work. Notwithstanding anything to the contrary in the Subcontracting Plan or Project Schedule, if the Contracting Authority and CM do not reach an agreement as described in this Section 4.5.1.1, the CM shall not solicit Bids for any Work which is not the subject of an executed GMP Amendment.

4.5.1.2 If the Contracting Authority and CM first agree in writing, the CM may solicit a Bid from a Bidder which was not prequalified under Section 4.4. Notwithstanding anything to the contrary in the Subcontracting Plan or Project Schedule, if the Contracting Authority and CM do not reach an agreement as described in this Section 4.5.1.2, the CM shall not solicit a Bid from any Bidder not prequalified under Section 4.4.

4.5.2 At completion of the Subcontract Bidding Process for each Subcontract and no later than 15 days before the Work is scheduled to begin under that Subcontract: (1) the CM shall (a) submit to the Contracting Authority a detailed tabulation of all of the Bids the CM received for that Subcontract and (b) identify the prospective Bidder to which the CM proposes to award the Subcontract; and (2) the Contracting Authority and CM will jointly determine to which prospective Bidder the CM will award the Subcontract. At the Contracting Authority’s request, the CM shall promptly

(1) provide complete and unredacted copies of any or all of the Bids the CM received for any Subcontract, and (2) meet with the Contracting Authority, Owner, and A/E to review Bids and to determine to which prospective Bidder the CM will award the Subcontract.

4.5.2.1 Each Bidder to whom the CM proposes to award a Subcontract shall, to the CM’s reasonable satisfaction,

(1) be qualified to perform the subcontracted portion of the Work and (2) have submitted a Bid, which conforms to the requirements of the Contract Documents.

.1 For the purpose of evaluating and reconciling the Bids, the CM may conduct scope-review meetings with Bidders that are usual and customary within the Bidders’ trade. If the Contracting Authority or Owner requests (1) the CM shall notify the Contracting Authority and Owner of the date(s) and time(s) of the scope-review meetings(s) and (2) the Contracting Authority, Owner, and A/E may attend any scope-review meeting. The Contracting Authority’s, Owner’s, or A/E’s attendance at or participation in any scope-review meeting does not relieve the CM of any of the CM’s responsibilities under the Contract. Bids that have been reconciled with other Bids for the same scope of Work through that review process will be considered in conformance with the Contract Documents.

.2 The CM is not required to propose to award the Subcontract to the Bidder that submitted the lowest Bid.

Subject to Section 4.7, the CM may also propose to Self-Perform the Work in a Bid package even if the CM did not submit the lowest Bid for that Work.

4.5.2.2 If the Contracting Authority does not reject the CM-proposed Bidder, the CM shall enter into the Subcontract with the selected Bidder.

.1 All Subcontracts shall be on the State of Ohio Subcontract Form prescribed by OAC Section 153:1-03- 02.

.2 No less than ten days before Work is to be performed by the Subcontractor, or within a shorter period as mutually agreed by the CM and Contracting Authority, the CM shall submit to the A/E a Subcontractor and Material Supplier Declaration form through which the CM identifies the Subcontractor. After receiving the form, the A/E shall verify that it is complete and deliver it to the Contracting Authority and Owner. If the A/E finds the form is incomplete, the A/E shall return it to the CM and identify the incomplete information.

.3 Execution of a GMP Amendment concerning the Work to be performed by the Subcontractor is a condition precedent to the CM entering into the Subcontract with that Subcontractor.

.4 No less than ten days before Work is to be performed by the Subcontractor, or within a shorter period as mutually agreed by the CM and Contracting Authority, the CM shall submit to the Contracting Authority a complete copy of the executed Subcontract between the CM and Subcontractor.

4.5.2.3 If the Contracting Authority rejects the CM-proposed Bidder, the CM shall propose a replacement Bidder, which shall be evaluated as described above.

.1 If the majority of the Work included in the Bid package that the CM proposed to award to the rejected Bidder is covered by a GMP Amendment before the Contracting Authority rejects the CM-proposed

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Bidder, the rejected Bidder was reasonably capable of performing the Work included in that Bid package, and the CM believes that it is entitled to an associated increase of the Contract Sum, the CM shall initiate a Change Request (1) as required under Section 7.6, and (2) within the time period required under Section

7.6 which begins to run on the day that the Contracting Authority rejects the CM-proposed Bidder. No increase in the Contract Sum shall be greater than the difference between the Bid of the rejected Bidder and the Bid of the replacement Bidder as the CM presented those Bids as described under Section 4.5.2.

.2 Notwithstanding Section 4.5.2.3.1, the CM shall not be entitled to any associated adjustment of the Contract Sum if the Contracting Authority rejected the CM-proposed Bidder because the Bidder was debarred as described under ORC Section 153.02.

.3 Notwithstanding Section 4.5.2.3.1, the CM shall not be entitled to any associated adjustment of the Construction Budget or the Contract Sum if the majority of the Work included in the Bid package that the CM proposed to award to the rejected Bidder is not covered by a GMP Amendment before the Contracting Authority rejects the CM-proposed Bidder.

4.6 Evaluation of Lower-Tier Subcontractors

4.6.1 As used in this Section 4.6, a “lower-tier Subcontractor” is any Subcontractor not in privity with the CM.

4.6.2 No less than ten days before Work is to be performed by any lower-tier Subcontractor, or within a shorter period as mutually agreed by the CM and Contracting Authority, the CM shall submit to the A/E a Subcontractor and Material Supplier Declaration form through which the CM identifies lower-tier Subcontractors.

4.6.3 The CM’s failure to timely submit the information regarding a proposed lower-tier Subcontractor may result in withholding payment in accordance with Section 9.2.15.

4.6.4 After receiving the Subcontractor and Material Supplier Declaration form, the A/E shall verify that it is complete and deliver it to the Contracting Authority and Owner. If the A/E finds the form incomplete, the A/E shall return it to the CM and identify the incomplete information.

4.6.5 If the Contracting Authority rejects any proposed lower-tier Subcontractor, the CM shall propose a replacement lower-tier Subcontractor with no adjustment of the Contract Sum. The proposed replacement lower-tier Subcontractor will be evaluated as described above.

4.7 Self-Performed Work

4.7.1 Neither the CM nor a CM Affiliated Entity shall Self-Perform any Work on the Project during the Construction Stage except:

4.7.1.1 Work not subject to Bidding as described under Section 4.1; and

4.7.1.2 as otherwise provided in this Section 4.7.

4.7.2 If the CM or a CM Affiliated Entity intends to Bid on any Work subject to Bidding as described under Section 4.1:

4.7.2.1 During preparation of the Subcontracting Plan, the CM shall notify the Contracting Authority that the CM or a CM Affiliated Entity may Bid on a portion of the Work. The Contracting Authority, CM, and A/E shall review that Work in detail and agree on its scope before the CM finalizes the Subcontracting Plan.

4.7.2.2 At least 14 days before issuing Bidding Documents for the scope of Work the CM or a CM Affiliated Entity intends to Bid on, the CM shall, in writing, seek the Contracting Authority’s permission for the CM or CM Affiliated Entity to Bid on that particular Work.

4.7.3 If the Contracting Authority permits the CM or CM Affiliated Entity to submit a Bid for a particular scope of Work:

4.7.3.1 The CM or CM Affiliated Entity (as applicable) shall meet in all respects the Bidder prequalification criteria approved by the Contracting Authority under Section 4.3.

4.7.3.2 The Bidding Documents shall specifically state that the CM or a CM Affiliated Entity may submit a Bid for that Work.

4.7.3.3 The CM shall ensure strict separation of the personnel of the CM or CM Affiliated Entity involved with Bidding on the Work from the personnel of the CM or CM Affiliated Entity otherwise involved in the Project. That separation includes, without limitation, prohibiting any communication (other than communication that is permitted by all Bidders) between those two groups before the Contracting Authority opens the associated Bids.

4.7.3.4 The CM or CM Affiliated Entity (as applicable) will be subject to all requirements applicable to the other Bidders for that Work.

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4.7.3.5 The CM or CM Affiliated Entity (as applicable) shall submit its sealed Bid to the Contracting Authority no less than four hours before the deadline for submission of Bids to the CM for that scope of Work.

.1 The CM shall submit a separate Bid for each Bid package contained in a CM-submitted combination Bid.

4.7.4 If the CM or a CM Affiliated Entity submits a Bid as described under Section 4.7.3 and less than two other Bidders submit Bids for the same Work, the Contracting Authority may require that Work to be rebid.

4.7.5 If the Contracting Authority awards to a CM Affiliated Entity the right to Self-Perform a particular scope of Work by operation of Sections 4.7.2 and 4.7.3, the CM Affiliated Entity will be a Subcontractor under the Contract and the CM’s Subcontract with the CM Affiliated Entity shall be on the State of Ohio Subcontract Form prescribed in OAC 153:1-03-02.

4.7.6 If the Contracting Authority awards to the CM the right to Self-Perform a particular scope of Work by operation of Sections 4.7.2 and 4.7.3, the CM shall not be a Subcontractor under the Contract.

4.8 Design-Assist Firms

4.8.1 Consultation and Authorization. The Contracting Authority, Owner, CM, and A/E shall consult with each other about the potential use of one or more Design-Assist Firms as appropriate for the Project. After receipt of a written request from the CM, the Contracting Authority may authorize the CM to engage a Design-Assist Firm to perform a scope of design-assist services and associated Work agreed upon by the Contracting Authority and CM.

4.8.1.1 The CM may request authorization to engage a Design-Assist Firm at any point in the Project that is appropriate or necessary to facilitate the Project’s design and construction. The CM may include that request in the Subcontracting Plan.

.1 The CM may not provide design-assist services directly or through a CM Affiliated Entity.

4.8.1.2 The CM shall include in its request (1) a detailed description of the scope of the design-assist services and associated Work, which the CM proposes to be performed by a Design-Assist Firm; (2) the date that the CM will be required to establish an estimated price for the scope of Work to be performed by the selected Design-Assist Firm;

and (3) the target date that the selected Design-Assist Firm will be required to propose a price to perform the associated Work.

4.8.1.3 If the Contracting Authority authorizes the CM to engage a Design-Assist Firm, the CM shall (1) follow the procedures described in this Section 4.8 and (2) identify in the Project Schedule the dates described in Section 4.8.1.2.

4.8.1.4 If the CM fails to comply with this Section 4.8, the Contracting Authority may revoke the CM’s authorization to engage a Design-Assist Firm in addition to other remedies available to the Contracting Authority and Owner under the Contract and Applicable Law.

4.8.1.5 Notwithstanding any provision of this Section 4.8 to the contrary, at any time before entering into the authorized design-assist contract, the CM may abandon the effort to engage a Design-Assist Firm to perform the scope of design-assist services and associated Work agreed upon by the Contracting Authority and CM.

4.8.2 Design-Assist Firm Selection. The CM shall award authorized design-assist contracts on the basis of the CM’s evaluation of a submission to the CM from each potential Design-Assist Firm that (1) establishes the qualifications of the potential Design-Assist Firm to provide the associated design-assist services and Work and (2) includes a proposal for

(a) the potential Design-Assist Firm’s portion of the CM’s Preconstruction Stage Reimbursable Expenses, Preconstruction Stage Personnel Costs, and General Conditions Costs; and (b) the potential Design-Assist Firm’s Construction Stage overhead and profit mark-ups and Construction Stage contingency. The CM may also (1) request from the potential Design-Assist Firms bids or cost estimates for performance of the associated scope of Work during the Construction Stage and (2) include consideration of that information in the CM’s evaluation of the potential Design- Assist Firms.

4.8.3 Design-Assist Contract Requirements.

4.8.3.1 All design-assist contracts:

.1 shall provide that the Design-Assist Firm does not assume any professional design liability by virtue of performing the design-assist services as a Consultant during the Preconstruction Stage;

.2 shall provide that (1) the CM may terminate the design-assist contract without cause if the CM and Design- Assist Firm fail to reach agreement on the compensation to be paid by the CM to the Design-Assist Firm on account of the Design-Assist Firm’s performance of the Work associated with the design-assist contract and (2) in the event of that termination, (a) the CM shall be obligated to pay the Design-Assist Firm for design-assist services the Design-Assist Firm performed before the date of termination but (b) the CM shall

M170-00 72 23 OCT-2025 Page 12 of 88 not be obligated to pay any compensation to the Design-Assist Firm for design-assist services or the associated Work that the Design-Assist Firm did not perform on account of the termination; and

.3 may provide that the Design-Assist Firm may become a design-build Subcontractor during the Construction Stage.

4.8.3.2 If the Design-Assist Firm performs Work during the Construction Stage, the design-assist Subcontract shall include the State of Ohio Subcontract Form prescribed by OAC Section 153:1-03-02.

4.8.4 Additional Design-Assist Requirements. Unless the Contracting Authority agrees otherwise in writing, the CM shall not be entitled to any adjustment of the Preconstruction Stage Compensation, Contract Sum, or Contract Times on account of the CM’s effort to engage or engagement of a Design-Assist Firm.

4.8.4.1 In order to facilitate compensation of the Design-Assist Firm and establishment of the Contract Sum through the GMP Amendment, every Design-Assist Firm the CM engages shall be considered a Consultant under the Contract during the Preconstruction Stage and a Subcontractor during the Construction Stage.

.1 If the CM and Design-Assist Firm agree that the CM will compensate the Design-Assist Firm for design-assist services the Design-Assist Firm performs during the Preconstruction Stage (1) the CM and Design- Assist Firm shall set forth that agreement in their design-assist contract, (2) that compensation is a part of and included in the Preconstruction Stage Compensation, and (3) the CM will not be entitled to an increase in the Preconstruction Stage Compensation on account of the CM’s engagement of the Design-Assist Firm.

.2 The compensation to be paid by the CM to the Design-Assist Firm on account of the Design-Assist Firm’s performance of Work during the Construction Stage shall be included in the Contract Sum.

4.8.4.2 No less than ten days before design-assist services are to be performed by a Design-Assist Firm during the Preconstruction Stage, or within a shorter period as mutually agreed by the CM and Contracting Authority, the CM shall submit to the A/E the name and qualifications of the Design-Assist Firm.

4.8.4.3 No less than ten days before Work is to be performed by a Design-Assist Firm during the Construction Stage, or within a shorter period as mutually agreed by the CM and Contracting Authority, the CM shall submit to the Contracting Authority and A/E a Subcontractor and Material Supplier Declaration form through which the CM identifies the Design-Assist Firm as a Subcontractor, a detailed estimate of the Work to be performed by the Design-Assist Firm, and a complete copy of the executed Subcontract between the CM and Design-Assist Firm.

After receiving the form, estimate, and Subcontract, the A/E shall verify that they are complete and deliver them to the Contracting Authority. If the A/E finds the form, estimate, or Subcontract incomplete, the A/E shall return them to the CM and identify the incomplete information.

.1 Execution of a GMP Amendment concerning the Work to be performed by a Design-Assist Firm in the Construction Stage is a…