Scope of Work AMS.pdf

Scope of Work for

AMS MARTINS FERRY FACILITY

DECOMMISSIONING & RECLAMATION

BELMONT COUNTY

M165-00 01 10 2014 Edition (2015-JUL) Page 1 of 1

SCOPE OF WORK

AMS MARTINS FERRY FACILITY

DECOMMISIONNING & RECLAMATION

BELMONT COUNTY, OHIO

TABLE OF CONTENTS

Introductory Information Table of Contents

Procurement Requirements Solicitation

Instructions to Bidders

Bid Form

Bidder’s Qualifications

Contracting Requirements Agreement Form

Performance and Payment Bond Form

General Conditions

Specifications Group General Specifications

Detailed Specifications

Appendix I – Ohio One-Call

Appendix II – Ohio Department of Health Licensed Radioactive Materials Decontamination and Decommissioning Service Providers

END OF DOCUMENT

Solicitation State of Ohio Standard Requirements

2024-JUL Page 1 of 2

Electronic bids will be received by:

Ohio Department of Natural Resources Division of Oil and Gas Resources Management for the following Project:

AMS Martins Ferry Facility Decommissioning and Reclamation Martins Ferry, Belmont County in accordance with the Contract Documents prepared by:

Ohio Department of Natural Resources Division of Oil and Gas Resources Management 2045 Morse Road, Bldg. F Columbus, OH 43229

(614) 265-7042 Tara K. Lee Tara.kinsey-lee@dnr.ohio.gov

In compliance with Section 125.05 of the Ohio Revised Code, Bids for this Project are being received, opened, and published through electronic means using Ohio|Buys.

To access this Project through Ohio|Buys, you must first create an OH|ID at https://ohid.ohio.gov/wps/portal/gov/ohid/login.

Once you have an OH|ID you may register in Ohio|Buys at https://www.ohiopays.ohio.gov by clicking on the “How to Register” button and following the instructions. There are no fees to register, create and enable an OH|ID, to download bid documents or to submit a bid. The State offers customer support that may be reached at 877.644.6771.

Bids will be received for the Project through Ohio|Buys until August 6, 2024, at 4 p.m., when all Bids will be opened.

All Bidders are required to attend the Pre-Bid Meeting on Tuesday, July 23, 2024, at 11:00 a.m. at the following location:

801 North First Street, Martins Ferry, OH 43935

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 Ohio|Buys at no charge.

Once, you have successfully created your OH|ID, you will need to access the OhioBuys system to establish an account there as well. Below are steps to assist you in doing so:

1. In order to access Ohio|Buys, each contractor contact that is part of your organization must have an OH|ID and a Role assigned to them within Ohio|Buys. An OH|ID is a secure, single sign-on that provides users access to online services for multiple State of Ohio systems. The following rules dictate how suppliers use OH|IDs to access Ohio|Buys:

a. A valid OH|ID is required for each supplier contact;

b. Each user must provide a valid email address and password to request and create an OH|ID;

c. The email address used to create your OH|ID must match the email address associated with your supplier contact record in Ohio|Buys;

d. A Supplier Role must also be assigned to each supplier contact in Ohio|Buys; and

e. Each supplier contact must be tied to one or all of the addresses for the supplier in Ohio|Buys.

2. A critical step in setting up a contact in Ohio|Buys is role assignment. If contacts are not assigned a role profile, they will not be able to take actions in Ohio|Buys. Contacts can be assigned any of the following roles:

• Supplier Admin: is able to manage contacts and select commodities your organization offers.

• Order Contact: is able to be selected as a Supplier Contact for an order. Users who are responsible for fulfilling orders should be assigned the Order Contact role.

https://ohid.ohio.gov/wps/portal/gov/ohid/login https://www.ohiopays.ohio.gov/

AMS Martins Ferry Facility Decommissioning & Reclamation

2024-JUL Page 2 of 2

• Contract Contact: is able to be notified about quick quote solicitation opportunities and is listed as a Supplier Contact for a contract.

Please refer to the Manage Contacts job aid for step-by-step instructions when setting up contacts for your company.

3. Please visit the Ohio|Buys website for more information including training videos and job aids to help you get set up.

END OF DOCUMENT

https://das.ohio.gov/Portals/0/DASDivisions/GeneralServices/Procurment/pdf/02.01.03%20Ohio%20Buys%20Manage%20Contacts%20JA.pdf?ver=2020-02-20-141122-910 https://das.ohio.gov/Divisions/General-Services/Procurement-Services/eProcurement#lt-5223482-home

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SCOPE OF WORK

AMS MARTINS FERRY FACILITY

DECOMMISIONNING & RECLAMATION

BELMONT COUNTY, OHIO

INSTRUCTIONS TO BIDDER

PART 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 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 electronic Bid Form is the time for Contract Completion of all Work applicable to the Bidder.

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

1.2.4 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 Owner owes the Bidder.

1.3 Written Notice

1.3.1 Notice under the Contract Documents shall be validly given if: (1) delivered personally to a member of the organization for whom the notice is intended; (2) delivered, or sent by registered or certified mail, to the last known business address of the organization; or (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 and Owner.

PART 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 Scope of Work, Specifications, and Addenda for all divisions of Work for the Project, noting in particular all requirements which may affect its Work in any way.

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: condition, layout, and nature of the Site and surrounding area; availability and cost of labor; availability and cost of materials, supplies, and equipment; cost of temporary utilities required in the Bid;

cost of any permit or license required by a local or regional authority having jurisdiction over the Project; usual weather conditions of the Project location; conditions bearing upon transportation, disposal, handling, and storage of equipment, materials, and waste; and subsurface and concealed physical conditions and related information provided in the Contract Documents.

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2.2 Pre-Bid Meeting

2.2.1 The Bidder is required to attend the pre-bid meeting, where the Owner will receive questions regarding the Contract Documents. The MANDATORY pre-bid meeting will be held on Tuesday, July 23, 2024, at 11:00 AM (EDT) at the Project location of 801 North First Street, Martins Ferry, Ohio 43935.

2.2.2 The Owner will 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 Owner will issue the changes by written Addendum, along with a list of pre-bid meeting attendees.

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 Scope of Work, 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 Owner for an interpretation or clarification. The Bidder is responsible for prompt delivery of the RFI. The Owner shall respond to RFIs received more than 7 days before the bid opening.

2.3.2 The Owner will 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. Addenda may be delivered via the State’s electronic bidding system, 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 Owner, 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 Electronic Bid Form

2.4.1 Each Bid shall be submitted through the State’s electronic bidding system (Ohio Buys).

2.4.1.1 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.

2.5 Allowances

2.5.1 If Allowances are provided on the electronic 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.

2.6 Submittals with Bid Form

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

2.6.2 The Bidder is required 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 2.9. If the apparent low Bidder does not submit the Bidder’s Qualifications form and related information attached to the electronic Bid Form, the Bidder shall provide it upon request in accordance with Section 3.5.4, including, but not limited to:

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

2.6.2.2 a complete listing of all the Bidder’s ongoing projects and a listing of projects which are similar in cost

3/8 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, dates when work was started and finished, and a project name/contact Person/address/phone number for the owner for each project, a complete listing of Prevailing Wage, EPA, OSHA, or other regulatory entity issues or violations in the last 5 years;

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

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

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

2.6.2.6 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;

2.6.2.7 a current Ohio Workers’ Compensation Certificate;

2.6.2.8 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 this Contract, inclusive; and

2.6.2.9 any other data or information which the Owner may request concerning the responsibility of the Bidder.

2.7 Changes in the Bid Amount

2.7.1 Any change to a previously submitted Bid shall be resubmitted through Ohio Buys prior to the deadline for submission of Bids.

PART 3 - BID OPENING AND EVALUATION

3.1 Delivery of Bid

3.1.1 The Bidder shall submit its Bid to the Owner prior to the time of the bid deadline.

3.1.2 Bids that are submitted after the time of the bid deadline or are not fully received by the electronic bidding system shall not be considered.

3.2 Bid Opening

3.2.1 Electronic Bids shall be received until the date and time stated in the solicitation.

3.2.2 The posting of Bid tabulations 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 Form and its attachments are public records and shall be available for inspection, upon request, at any time after the bid deadline, except for any information that is not defined as a public record under Ohio law.

3.3 Bid Deadline Extension

3.3.1 If an Addendum is issued within 72 hours prior to the published time for the bid deadline, excluding Saturdays, Sundays and legal holidays, the bid deadline shall be extended 7 days.

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

3.4 Bid Evaluation Criteria

3.4.1 The Owner 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 Owner determines, in its sole discretion, to have submitted the lowest responsive and responsible Bid.

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

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3.4.3 The Owner 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.

3.4.4 Bids shall include labor, equipment, and material cost plus a proportionate share of the Contractor’s overhead costs, other indirect costs, and anticipated profit. An offer must be mathematically and materially balanced. A “mathematically unbalanced offer” is an offer containing lump sum or unit price items that do not include reasonable labor, equipment, and material costs plus a reasonable proportionate share of the Contractor’s overhead costs, other indirect costs, and anticipated profit. A mathematically unbalanced offer typically contains token prices (i.e. $1 prices), front loadings, or prices with large variations from the engineer’s estimate. A “materially unbalanced offer” is a mathematically unbalanced offer that will not result in the lowest ultimate cost to the Division.

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, the Owner may accept, in its discretion, another Bid so opened, or the Owner 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 Owner.

3.4.6 During the Division’s initial review of offers, if the Division finds an offer may be mathematically unbalanced, the Contractor may be required to submit proof of the mathematically unbalanced line items’ proposed cost within 24 hours after notification from the Division. At a minimum, a Contractor may be required to submit copies of all material/rental quotes, intended labor costs (hours/rates), and contract agreements with subcontractors to support their offer. If the Contractor fails to submit the required proof, the Contractor’s offer shall be deemed withdrawn from consideration. The Division shall evaluate the documentation and may verify quotes with vendors. After a review of the documentation, the Division will reject any offer it determines is mathematically and materially unbalanced.

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 Owner, or all Bids may be rejected in accordance with Applicable Law.

3.5.1.1 In determining which Bid is the lowest, the Owner shall consider the Base Bid.

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

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 Owner.

3.5.2.2 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;

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 perform and manage the entire Project, including but not limited to the waste removal, decommissioning of equipment and reclamation of the Facility; 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 Owner shall obtain from the lowest responsive Bidder any information the Owner 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

5/8 of a request from the Owner, or a longer period, if the Owner consents in writing.

3.5.5 If the lowest responsive Bidder is not responsible, the Owner 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 Notice of Intent to Award

3.6.1 The Owner 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. The Owner reserves the right to rescind any Notice of Intent to Award if the Owner 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.

PART 4 - WITHDRAWAL OF BID

4.1 Withdrawal prior to Bid Opening

4.1.1 A Bidder may withdraw a Bid after submitting the Bid through the State’s electronic bidding system, provided the Bidder submits its request through the State’s electronic bidding system prior to the bid deadline.

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 Owner within 2 business days after the bid opening. The Owner 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 Owner 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 Owner 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 Owner 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 Owner.

4.3 Refusal to Accept Withdrawal

4.3.1 If the Owner 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 Owner shall issue an order allowing or denying the claim of this right within 5 days after the hearing is concluded. The Owner shall give the withdrawing Bidder timely notice of the time and place of the hearing.

4.3.1.1 The Owner 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 Owner required by Section 4.3.1.

4.4 Refusal to Perform

4.4.1 In the event the Owner denies the request for withdrawal and the Bidder refuses to perform the Contract, the Owner 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

6/8 perform a subcontract or other work for, the Person to whom the Contract is awarded; or otherwise benefit, directly or indirectly, from the performance of the Project for which the withdrawn Bid was submitted; without the Owner’s prior written consent.

PART 5 - BOND

5.1 Bond

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

5.1.2 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.

PART 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 Owner 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 Insurance (ACORD form is acceptable) and copy of additional insured or loss payee endorsement. The Owner reserves the right to request and receive a certified copy of the Contractor’s insurance policies.

6.1.5 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.

6.1.6 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.

6.1.7 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.

6.2 Non-compliance with Conditions Precedent

6.2.1 The award of the Contract and execution of the Agreement require the Contractor to comply with: (1) all conditions precedent for execution of the Contract within 10 days of the date of the Notice of Intent to Award; and (2) submission of the Bidder’s Qualifications form, not previously provided within 3 business days of receiving the Owner’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 Intent to Award shall be sufficient cause to permit the Owner to cancel the Notice of Intent to Award, for the Bidder’s lack of responsibility and award the Contract to another Bidder, which the Owner determines is the lowest responsive and responsible Bidder; or the Owner may re-bid the Work at its sole discretion.

PART 7 - DEFINED TERMS AND ABBREVIATIONS

7.1 For the purposes of these Instructions, the words, terms, and abbreviations set forth below have the following meanings:

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7.1.1 “Addenda” or “Addendum” means a written or graphic instrument issued prior to the bid opening which modifies or interprets the proposed Contract Documents by additions, deletions, clarifications, or corrections.

7.1.2 “Applicable Law” means all federal, state, and local codes, statutes, ordinances, and regulations that apply to the performance of the Work or the A/E’s Services on the Project.

7.1.3 “Base Bid” means the amount stated in a Bid as the sum for which the Bidder offers to perform the Work in a particular trade or other category, which is described in the Contract Documents, excluding Alternates.

7.1.4 “Bid” means a written proposal to perform a Contract, submitted on a completed Bid Form, accompanied by other required documents.

7.1.5 “Bidder” means a Person that submitted a Bid.

7.1.6 “Bid Form” means a form furnished by the Owner with the proposed Contract Documents that is to be completed, signed, and submitted containing the Bidder’s Bid.

7.1.7 “Bond” means a performance and payment bond in the format specified by ORC Section 153.57 submitted by the Contractor to provide assurance that the Contractor will perform the Work of the Contract, including making required payments to Subcontractors and Materials Suppliers.

7.1.8 “Change Order” means a document executed by the Owner and Contractor that modifies the Contract.

7.1.9 “Claim” means a demand or assertion, initiated by written notice, certified by one of the parties to the Contract seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money, extension of time, or other relief with respect to the terms of the Contract.

7.1.10 “Construction Progress Schedule” means the schedule for performance of the Contract; showing the time for completing the Work within the Contract Times; the planned sequence for performing the various components of the Work; and the interrelationship between the activities of the Contractor and Owner; as periodically updated during the performance of the Work.

7.1.11 “Contract” means the state of legal obligation entered into by the State and the Contractor, whereby they have agreed to an exchange of certain acts, materials, equipment, and services for certain monetary consideration, under all terms and conditions specified in the Contract Documents, which shall remain in full force and effect until such time as all obligations under the Contract have been lawfully and completely discharged, or the Contract is terminated under other conditions specified in the Contract Documents.

7.1.12 “Contract Completion” means the schedule Milestone when the Work is completed in accordance with the terms of the Contract Documents and Contractor has satisfied all of its other obligations under the Contract Documents, including but not limited to (1) all governmental authorities have given final, written approval of the Work, (2) the Contractor’s Work is 100 percent complete, and (3) the Contractor has complied with conditions precedent to final payment and release of retained funds.

7.1.13 “Contract Documents” means collectively, the documents that constitute the substance of the Contract including but not limited to Scope of Work, Drawings, Specifications, Addenda if any, General Conditions, Bid Form, and the executed Agreement, Contract Bond and executed Change Orders if any.

7.1.14 “Contract Sum” means the Contractor’s entire compensation for the Contractor’s proper, timely, and complete performance of the Work and is subject to adjustment as provided in the Contract.

7.1.15 “Contract Time” means the period stipulated in the Contract for the achievement of Substantial Completion, in consecutive days, beginning on the date established by the Notice to Proceed, including adjustments authorized by executed Change Orders.

7.1.16 “Contractor” means a firm, which is party to the Contract for the performance of Work on the Project in accordance with the Contract Documents.

7.1.17 “Defective Work” means Work that does not conform to the Contract Documents; or does not meet the requirements of any applicable statute, rule or regulation, inspection, reference standard, or test or approval.

7.1.18 “Drawings” means graphic portions of the Contract Documents, showing the design, type of construction, location, dimension, and character of the Work to be provided by the Contractor, which generally includes plans, elevations, sections, details, schedules, diagrams, notes, and text.

7.1.19 “Liquidated Damages” means a sum established in the Contract Documents to be paid to the Owner due to

8/8 the Contractor’s failure to complete the Work within the Contract Time for achievement of Contract Completion, or any applicable portion of the Work on or prior to any Milestone date stated on the Agreement.

7.1.20 “Milestone” means a principal event specified in the Contract relating to an intermediate date or time prior to Completion.

7.1.21 “Modification” means a Change Order or an order for a minor change in the Work.

7.1.22 “Notice of Commencement” means a notice prepared by the Owner identifying the Project, the Contractor, the Surety for the Contractor, and the name of the Owner’s representative upon whom a claim affidavit may be served.

7.1.23 “Notice to Proceed” means written notice provided by the Owner authorizing the Contractor to proceed with the Work and establishing the dates for commencement and completion of the Work.

7.1.24 “OAC” means the Ohio Administrative Code.

7.1.25 “ORC” means the Ohio Revised Code.

7.1.26 “Owner” means the state of Ohio agency for whom the Project is being constructed.

7.1.27 “Person” means an individual, corporation, business trust, estate, partnership, association, or other public or private entity.

7.1.28 “Plan Holder” means a prospective Bidder that received a set of Contract Documents prior to the bid opening.

7.1.29 “Product Data” means a manufacturer’s standard illustrations, schedules, diagrams, performance charts, instructions, and brochures that illustrate physical appearance, size, and other characteristics of materials and equipment.

7.1.30 “Project” means the Work performed under the Contract Documents may be the whole or a part.

7.1.31 “Request for Interpretation” or “RFI” means a written request to the Owner seeking an interpretation or clarification of the Contract Documents.

7.1.32 “Site” means the location designated for the Project.

7.1.33 “Specifications” means those portions of the Contract Documents consisting of detailed written administrative, procedural, and technical requirements for the construction of the Work, whether physically on the Drawings or bound in separate volumes, including identification of acceptable materials, methods, equipment, quality, and workmanship.

7.1.34 “State” means the government of Ohio, including any organized body, office, or agency established by the laws of this state for the exercise of any function of state government.

7.1.35 “Subcontract” means any contract or agreement between the Contractor and a Subcontractor for performance of a portion of the Work.

7.1.36 “Subcontractor” means a Person who undertakes to perform any part of the Work on the Project under a contract with a Contractor or with any Person other than the State, including all such Persons in any tier. The term "Subcontractor" includes material suppliers.

7.1.37 “Substantial Completion” means the stage when the Work is sufficiently complete in accordance with the Contract as determined by the Owner.

7.1.38 “Surety” means a Person providing a Bond to a Bidder or a Contractor, as applicable, to indemnify the State against all direct and consequential damages suffered by failure of the Bidder to execute the Contract, or of the Contractor to perform the Contract and to pay all lawful claims of Subcontractors, material suppliers and laborers, as applicable.

7.1.39 “Work” means the labor, materials, equipment, and services, individually or collectively which are required by the Contract Documents, to be performed or provided by the Contractor for the Project.

INSTRUCTIONS:

ITEM DESCRIPTION LABOR QUANTITY ITEM

UNIT TOTAL

LUMP SUM

1. Mobilization $ $

2. $ $

3. $ $

4. Reclamation Plan $ $

5. $ $

6. $ $

UNIT COST

7. $ $

8. $ $

9. $ $

10. $ $

11. $ $

12. $ $

INDIVIDUAL CONTRACT I - GENERAL BASE BID

AMS MARTINS FERRY FACILITY

DECOMMISSIONING & RECLAMATION

BELMONT COUNTY, OHIO

BID FORM

Complete the bid schedule completely. Bidders shall complete labor, material, and item total prices for all items in the bid schedule. For lump sum items, the item total shall be the sum of the total labor and total material prices for that item. For unit price items, the item total shall be the sum of the labor and material unit prices multiplied by the item quantity.

Demobilization Lump Sum

Lump Sum

Site Safety Lump Sum

Radiation Protection Program Lump Sum

Lump Sum

Facility and Site Restoration Lump Sum

Solid Waste Disposal (<7 pCi/g) 3,000 Ton

Solid Waste TENORM Disposal (7 pCi/g-50 pCi/g) 7,100 Ton

Solid Waste TENORM Disposal (50pCi/g-1,250pCi/g) 4,200 Ton

Solid Waste TENORM Disposal (270pCi/g-1,250pCi/g) Pre-Loaded in Railcars 300 Ton

Liquid/Sludge TENORM Disposal 3,900 BBL

Brine Disposal 5,200 BBL

ITEM DESCRIPTION LABOR QUANTITY ITEM

UNIT TOTAL

13. $ $

14. $ $

15. $ $

16. $ $

17. $ $

18. $ $

19. $ $

20. $ $

21. $ $

22. $ $

23. $ $

Addendum Number: Initial:

Bid Submitted By

Company Name:

Company Address:

Company Contact:

Contact Phone Number:

Contact Email Address:

INDIVIDUAL CONTRACT I - GENERAL (CONTINUED)

Filter Socks/Cartridges TENORM Disposal 200 Ton

Metal Disposal (<50µR/hr) 30 Ton

Metal Disposal (>50µR/hr) 40 Ton

Misc. Trash Disposal (<15µR/hr) 20 Ton

Misc. Trash Disposal (>15µR/hr) 35 Ton

55 Gallon Drum Waste Disposal (25 µR/hr - 100 µR/hr) 10 Each

Chemical Tote Waste Disposal (>20µR/hr) 17 Each

Sacks w/ Sand/Soil Material (15 µR/hr - 25 µR/hr) 28 Each

TOTAL BID INDIVIDUAL CONTRACT I - GENERAL……...….. $

*********PLEASE INITIAL AND ACKNOWLEDGE RECEIPT OF ADDENDA*********

Sacks w/ Plastic Drums (>50 µR/hr) 8 Each

CONTINGENCY ITEMS

Additional Cleaning 200 Hours

Additional Radiological Testing 100 Hours

Bidder’s Qualifications

(2024-JUL) Page 1 of 3

Project Name: _________________________________________________

1. Company Name:

Physical Address:

Street, Building, Unit

City, State, Zip

Mailing Address (if different):

P.O. Box

City, State, Zip

Telephone Number (w/ Area Code): ( ________ ) __________________

Fax Number (w/ Area Code): ( ________ ) __________________

Email address:

2. Overall Experience. Indicate Bidder’s overall experience performing the trades bid, including the years in business performing the trade under present and former business names.

3. Financial. The apparent low Bidder shall submit, upon request of the Contracting Authority, either:

a) 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,

b) 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;

This information is not a public record under Ohio Revised Code Section 149.43; and shall remain confidential, except under proper order of a court.

Bidder’s Qualications

(2024-JUL) Page 2 of 3

4. Facilities & Equipment. Indicate Bidder’s relevant facilities and major equipment (leased or owned).

5. Ongoing & Relevant Projects. List all ongoing projects and projects completed in the last 5 years, which are similar in cost and type to the Project. Include scope of Work, Contract value, a description of EDGE participation and performance, and project name/contact person/address/phone number for each owner and the architect or engineer for each project.

6. Regulatory / Contractual. Indicate all occurrences of the following in the last 5 years (indicate if none). For verification, attach documentation, and/or provide sufficient and appropriate detail information such as: project name, owner, contact person and phone number, amount of contract, etc.

a) ODNR Division of Oil & Gas ORC 1509 / OAC 1501:9 violations

b) Affirmative Action program violations

c) Contract abandonment, contract termination, as either a prime- or sub-contractor, or Surety takeover

d) Debarment by state, federal, or local jurisdictions

Document 00 45 13 Bidder’s Qualications

(2024-JUL) Page 3 of 3

e) EPA/OSHA violations

f) Liquidated damages and Statutory Delay Forfeiture assessed

g) Drug-Free Safety Program and Drug Free Workplace Program violations

7. Management. Identify individuals assigned to this Project.

Principal _____________________________________ Years with firm ________ Total Exp._______

Project Manager _______________________________ Years with firm ________ Total Exp._______

Field Superintendent ____________________________ Years with firm ________ Total Exp.______

8. Certification. I hereby certify that the information in this entire Bidder’s Qualifications form, including all attachments and referenced information, is factual and complete.

Company Name ___________________________________________________________________

Authorized Official (please print or type) _______________________________________________

Signature of Authorized Official _______________________________ Date _________________

Agreement Form (Limited Scope Project)

2024-JUL Page 1 of 3

This Agreement is made as of the date set forth below between the State of Ohio, acting by and through the Owner, and the Contractor in connection with the Project.

Project Name: AMS Martins Ferry Facility

Decommissioning & Reclamation Site Address: 801 North First Street

Martins Ferry, OH 43935

Owner: Ohio Department of Natural Resources Division of Oil & Gas Resources Management

Owner’s Representative: Tara K. Lee Address: 2045 Morse Road, Bldg. F

Columbus, OH 43229

Contractor: «insert name» Contractor’s Principal Contact: «insert name»

Address: «insert street address» «insert city, state zip code»

ARTICLE 1 - SCOPE OF WORK

1.1 The Contractor shall perform and provide all of the Work described in the Contract and Scope of Work.

ARTICLE 2 - COMPENSATION

2.1 The Owner shall pay the Contractor the Contract Sum for the Contractor’s proper, timely, and complete performance of the Contract. The Contract Sum is $«insert amount», subject to Modifications as provided in the Contract Documents. The Contract Sum is comprised of the following:

2.1.1 Base Bid: ..................................................... $«Insert Base Bid Amount»

ARTICLE 3 - CONTRACT TIME

3.1 The Contract Time is the period established in the following table for the achievement of Completion of Work:

Construction Stage Milestone(s) to which Liquidated Damages apply Contract Time

Projected Date (as of the date of this Agreement)

Completion of all Work 280 days May 23, 2025

3.1.1 The projected date listed under “Projected Date (as of the date of this Agreement)” is provided only for convenient reference during consideration of this Agreement. The duration listed under “Contract Time” defines the Contract Time for Completion of all Work and takes precedence over the projected date.

ARTICLE 4 - KEY PERSONNEL

4.1 The Contractor’s key personnel for the Project are:

4.1.1 «insert name», Project Manager;

4.1.2 «insert name», General Superintendent.

2024-JUL Page 2 of 3

4.2 The Contractor’s key personnel are authorized to act on the Contractor’s behalf with respect to the Project and all matters concerning the Project.

ARTICLE 5 - GENERAL PROVISIONS

5.1 Effectiveness.

5.1.1 It is expressly understood by the Contractor that none of the rights, duties, and obligations described in the Contract Documents shall be valid and enforceable unless the Director of the Office of Budget and Management first certifies that there is a balance in the Owner’s appropriation not already encumbered to pay existing obligations and until all relevant statutory provisions of the Ohio Revised Code, including ORC Section 126.07, have been complied with, and until such time as all necessary funds are available or encumbered and, when required, such expenditure of such funds is approved by the State Controlling Board, or other applicable approving body.

5.1.2 Subject to Section 5.1.1, the Contract shall become binding and effective upon execution by the Owner and Contractor.

5.1.3 This Agreement may be executed in several counterparts, each of which shall constitute a complete original Agreement, which may be introduced in evidence or used for any other purpose without production of any other counterparts.

5.2 Representations.

5.2.1 The Contractor represents and warrants that it is not subject to an unresolved finding for recovery under ORC Section 9.24. If this representation and warranty is found to be false, the Contract is void, and the Contractor shall immediately repay to the Owner any funds paid under this Contract.

5.2.2 The Contractor hereby certifies that neither the Contractor nor any of the Contractor’s partners, officers, directors, shareholders nor the spouses of any such person have made contributions in excess of the limitations specified in ORC Section 3517.13.

5.2.3 The Contractor, by signature on this Agreement, certifies that it is currently in compliance with, and will continue to adhere to, the requirements of Ohio ethics laws and conflict of interest laws and will take no action inconsistent with those laws.

5.2.4 The Contractor affirms to have read and understands Executive Order 2019-12D and shall abide by those requirements in the performance of this Contract. Notwithstanding any other terms of this Contract, the State reserves the right to recover any funds paid for services the Contractor performs outside of the United States for which it did not receive a waiver. The State does not waive any other rights and remedies provided the State in this Contract.

5.2.5 Pursuant to ORC Section 9.76(B), the Contractor warrants that it is not boycotting any jurisdiction with whom the State of Ohio can enjoy open trade, including Israel, and will not do so during the term of this Contract.

ARTICLE 6 - Enumeration of Documents

6.1 The Contract Documents constitute the substance of the Contract, and include this Agreement, Drawings, Specifications, Addenda if any, General Conditions, Bid Form, and Contract Bond or Performance and Payment Bond, and Change Orders if any.

SIGNATURES

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date set forth below:

«INSERT CONTRACTOR’S NAME» STATE OF OHIO

{&vend1-sig!] {&ca-sig!] Signature Signature

Printed Name Printed Name

2024-JUL Page 3 of 3

Title Title

Date

Performance and Payment Bond Form

2024-JULY Page 1 of 2

KNOW ALL PERSONS BY THESE PRESENTS, that we, the undersigned ________________________________

_______________________________________________________________________________________, as Principal, and _______________________________________________________________________________________ as Sureties, are hereby held and firmly bound unto _____________________________________________________________________

___________________________ as Obligee(s), in the penal sum of _______________________________________ dollars, for the payment of which well and truly to be made, we jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns.

SIGNED AND SEALED this day of , .

THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that whereas the above-named Principal did on the

________ day of ________________________, ________, enter into a Contract with the Obligee, which said Contract is made a part of this Bond the same as though set forth herein and which is more fully described as:

Project Name: AMS Martins Ferry Facility

Contract Description: Decommissioning and Reclamation

NOW, THEREFORE, if the above-named Principal shall well and faithfully do and perform the things agreed by the

Obligee to be done and performed according to the terms of said Contract; and shall pay all lawful claims of Subcontractors, Material Suppliers, and laborers, for labor performed and materials furnished in the carrying forward, performing, or completing of said Contract; we agreeing and assenting that this undertaking shall be for the benefit of any Subcontractor, Material Supplier or laborer having a just claim as well as for the Obligee herein; then this obligation shall be void; otherwise the same shall remain in full force and effect; it being expressly understood and agreed that the liability of the Sureties for any and all claims hereunder shall in no event exceed the penal amount of this obligation as herein stated.

THE SAID Surety hereby stipulates and agrees that no modifications, omissions, or additions, in or to the terms of the said Contract or in or to the Plans and Specifications therefor shall in any wise affect the obligations of said Surety on its bond, and it does hereby waive notice of any such modifications, omissions or additions in or to the terms of the Contract, the

Work or the Contract Documents, including without limitation the Plans and Specifications.

Performance and Payment Bond Form

2024-JULY Page 2 of 2

PRINCIPAL:

Principal Signature

By:

Title:

SURETY: SURETY INFORMATION:

Surety Signature Street

By:

Attorney-in-Fact City State Zip

Telephone Number

SURETY AGENT'S INFORMATION:

Agency Name

Street

City State Zip

Telephone Number

Email Address

1/37

PROJECT DESCRIPTION

PROJECT SCOPE OF WORK:

This project will utilize a Contractor to decommission, remediate, and reclaim the Austin Master Services Martins Ferry Oil

& Gas Waste Facility (Facility), located at 801 North First Street, Martins Ferry, Belmont County, Ohio.