SLED Opportunity · OHIO · MONTGOMERY COUNTY
AI Summary
Montgomery County, Ohio, seeks bids for parking structure repairs including structural, waterproofing, MEP upgrades, and striping for multiple county parking garages. Bids due April 8, 2026, 1:30 pm ET. Engineer's estimate: $761,000.
Montgomery County (Ohio) is requesting bids for PP-2026-0020 - Parking Structures Repairs. All submittals are due before 1:30 pm on Wednesday, April 8, 2026.
The Engineer's Estimate for this project is $761,000.00.
The scope of this project includes structural repairs, waterproofing, MEP upgrades, and striping of the Montgomery County Reibold building parking garage as well as the Montgomery County Administration Building above ground public garage and underground staff only parking garage. Please refer to the project plans and specifications for specific details of the defined scope.
For technical questions or other inquiries that are not related to the content of this bid, please contact Kyle Large at largek@mcohio.org or (937) 224-8470.
Please see attached for addendum #1, which includes the following:
Please use the See What Changed link to view all the changes made by this addendum.
Please see the attached for the Pre-Bid Sign-In sheet.
11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the State of Ohio such insurance as will protect the Contractor and the Board from claims set forth below which may arise out of or result from the Contractor's operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor, by a Subcontractor, or by a Sub-subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable:
11.1.1.1 claims under workers' or workmen's compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed;
11.1.1.2 claims for damages because of bodily injury, occupational sickness, sickness or disease, or death of the Contractor's employees;
11.1.1.3 claims for damages because of bodily injury, occupational sickness, sickness or disease, or death of any person other than the Contractor's employees;
11.1.1.4 claims for damages insured by usual personal injury liability coverage which are sustained (1) by a person as a result of an offense directly or indirectly related to employment of such person by the Contractor, or (2) by another person;
11.1.1.5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom;
11.1.1.6 claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle;
11.1.1.7 claims involving contractual liability insurance applicable to the Contractor's obligations under Article 3.17; and
11.1.1.8 the Contractor's liability insurance shall include all major divisions of coverage and be on a comprehensive basis including, without limitation:
11.1.1.8.1 Premises/Operations, including X, C and U coverages as applicable;
11.1.1.8.2 Independent Contractor's Protective;
11.1.1.8.3 Products and Completed Operations;
11.1.1.8.4 Personal Injury Liability with Employment Exclusion Deleted;
11.1.1.8.5 Contractual, including specified provision for Contractor's obligations under Article 3.17;
11.1.1.8.6 Owned, non-owned and hired motor vehicles; and
11.1.1.8.7 Broad Form Property Damage including Completed Operations.
11.1.2 The insurance policy required by Article 11.1.1 shall be written for not less than five hundred thousand dollars ($500,000.00) for any person injured in any accident and with a total liability of one million dollars ($1,000,000.00) for all persons injured in any one (1) accident and the amount of five hundred thousand dollars ($500,000.00) for each accident or occurrence as compensation for damage caused to property of others. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption from date of commencement of the Work until date of final payment and termination of any coverage required to be maintained after final payment.
11.1.3 Certificates of Insurance acceptable to the Board shall be filed with the Board prior to commencement of the Work. These Certificates and the insurance policies required by this Article 11.1 shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days' prior written notice has been given to the Board. If any of the foregoing insurance coverages are required to remain in force after final payment and are reasonably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Article 9.9.2. Information concerning reduction of coverage shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief.
11.1.4 The insurance policy described in this Article 11.1 shall name the Board as an insured or provide Boards and Contractors Protective Liability Insurance naming the Board as the insured party.
The Quality Standard for all work to be delivered under this Contract is set forth in this Provision. Except where a provision of this contract shall explicitly state to the contrary, the Contractor shall have the full, complete and absolute responsibility for insuring that the work called for in the technical provisions of this Contract strictly conforms to the requirements set forth. The doctrine of Substantial Conformity shall have no application to the work performed under this contract, unless the Contractor provides evidence to establish that the criteria set forth in Article 13.3.2 have been met.
13.1.1 The Contractor shall maintain an adequate inspection system and shall perform such inspections as will ensure that the work performed under the Contract conforms to the requirements as stated. In order to carry out these duties, the Contractor shall establish and maintain the CONTRACTOR QUALITY CONTROL SYSTEM described herein.
13.1.2 The Contractor shall maintain complete inspection records and sufficient test and other data to assure the adequacy of the Contractor Quality Control System. These records shall demonstrate that the Quality Control System is functioning in such a mode and manner as to assure that at the time of final completion, the Contractor's quality responsibility is in strict compliance with the terms of the Contract. These records shall be available to the Board's Representative at all reasonable times and places.
2.1.1 Except for permits and fees, which are the responsibility of the Contractor under the Contract Documents, the Board shall secure and pay for other necessary approvals, easements, assessments and similar charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. This is in addition to the other duties and responsibilities of the Board and Contractor enumerated herein.
2.1.2 Material Safety Data. Some of the Board's facilities may have hazardous chemicals on site. If the Contractor wishes to review the Material Safety Data Sheets for the chemicals located where the Contractor will be performing Work, Contractor shall notify the Board in writing and arrangements to review such Data Sheets within a reasonable time will be made. The Contractor shall be required to maintain on site all relevant Material Safety Data Sheets for all chemicals or hazardous materials which are brought on site.
2.1.3 Notice of Commencement. Ohio Revised Code Chapter 1311.01 et seq. requires that the Board keep copies of its Notice of Commencement on file and available to the public. Such Notice of Commencement shall be on file and available to the Contractor, Subcontractors, Sub-subcontractors, Architect and the public in the Montgomery County Department of Facilities Management:
Montgomery County Administration Building
P.O. Box 972
451 West Third Street, Seventh Floor
Dayton, Ohio 45422-1403.
8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work.
8.1.2 The date of commencement of the Work is the date from which the Contract Time in Article 8.1.1 is measured and shall be the date of the Agreement, unless a different date is agreed upon in writing or provision is made for the date to be fixed in a notice to proceed issued by the Board. The date shall not be postponed by the failure to act of the Contractor or of persons or entities for whom the Contractor is responsible.
8.1.3 The date of Substantial Completion is the date certified by the Board and the Architect in accordance with Article 9.7.
8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined.
8.1.5 Unless the date of commencement is established by a notice to proceed issued by the Board, the Contractor shall notify the Board in writing not less than five (5) days before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests.
8.1.6 The Board and Contractor may agree to increase the Contract Time, at any time and for any reason, by a properly approved and executed Change Order. Unless otherwise specifically provided in that Change Order pursuant to the terms of the Contract Documents, such an increase in the Contract Time shall not imply any kind of corresponding increase in the Contract Sum.
5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor.
5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub-subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub-subcontractor.
5.1.3 Any specific requirement in the Contract Documents that the responsibilities or obligations of the Contractor also apply to a Subcontractor or Sub-subcontractor or both is added for emphasis and are also hereby deemed to include a Subcontractor or Sub-subcontractor of any tier. The omission of reference to a Subcontractor or Sub-subcontractor or either shall not be construed to diminish, abrogate or limit any responsibilities or obligations of a Subcontractor of any tier under the Contract Documents or the applicable subcontract.
6.1.1 The Board reserves the right to perform construction or operations related to the Project with the Board's own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Board, the Contractor shall make such Claim as provided elsewhere in the Contract Documents.
6.1.2 When separate contracts are awarded for different portions or trades of the Project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Board-Contractor Agreement.
6.1.3 The Coordinating Contractor shall provide for coordination of the activities of the Board's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate contractors and the Board in reviewing their construction schedules when directed to do so. The Contractor shall make any revisions to the construction schedule and Contract Sum as deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Board until subsequently revised.
6.1.4 Unless otherwise provided in the Contract Documents, when the Board performs construction or operations related to the Project with the Board's own forces, the Board shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12.
6.1.5 The Contractor accepts assignment of, and liability for, all purchase orders and other agreements for procurement of materials and equipment that are identified as part of the Contract Documents for the Work.
6.1.5.1 The Contractor shall be responsible for such pre-purchased items, if any, as if it were the original purchaser. The Contract Sum includes, without limitation, all costs and expenses in connection with delivery, storage, insurance, installation and testing of items covered in any assigned purchase orders or agreements.
6.1.5.2 All warranty and correction of the Work obligations under the Contract Documents shall also apply to any pre-purchased items, unless the Contract Documents specifically provide otherwise. The Contractor shall not be liable under this Article 6.1.5 if the Board determines that such materials and equipment cannot be incorporated into the Work and such items must be replaced.
6.1.5.3 Additionally, the Contractor shall not be liable for such material and equipment if the vendor of same becomes financially unable to perform under any pre-existing agreement for procurement.
10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract.
10.1.2 In the event the Contractor encounters on the site material reasonably believed to be asbestos, lead paint, polychlorinated biphenyl (PCB), or any other environmental hazard which has not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition to the Board in writing. The Work in the affected area shall not thereafter be resumed except by written agreement of the Board and Contractor if in fact the material is asbestos, lead paint, polychlorinated biphenyl (PCB), or any other environmental hazard and has not been rendered harmless.
10.1.2.1 The Work in the affected area shall be resumed in the absence of asbestos, lead paint, polychlorinated biphenyl (PCB), or any other environmental hazard or when it has been rendered harmless, by written agreement of the Board and Contractor, or in accordance with final determination by the Board.
10.1 2.2 The term "rendered harmless" shall be interpreted to mean that levels of asbestos, lead paint, PCB, or any other environmental hazard are less than any applicable exposure standards set forth in OSHA regulations. However, in no event shall the Board have any responsibility for any substance or material that is brought to the Project site by the Contractor, any Subcontractor, Sub-subcontractor or materialman or supplier or any entity for whom any of them is responsible.
10.1.3 The Contractor shall not be required pursuant to Article 7 to perform without consent any Work relating to asbestos or polychlorinated biphenyl (PCB).
10.1.4 The Contractor agrees not to use any fill or other materials to be incorporated into the Work which are hazardous, toxic or otherwise dangerous or comprised of any items that are hazardous, toxic or otherwise dangerous, unless otherwise provided for in the Contract Documents.
3.1.1 The Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by the Board and shall at once report to the Board errors, inconsistencies or omissions discovered.
3.1.1.1 Minor errors, inconsistencies or omissions in the Contract Documents shall not relieve the Contractor from performing the tasks generally provided for by the Contract Documents.
3.1.1.2 The Contractor shall be liable to the Board for damage resulting from errors, inconsistencies or omissions in the Contract Documents of which the Contractor knew, or should have known, had the Contractor used reasonable care in reviewing the Contract Documents.
3.1.1.3 Notice of any error, inconsistency or omission in the Contract Documents which the Contractor knew, or should have known, must be given to the Board at or before the pre-bid conference.
3.1.1.4 If the Contractor performs any construction activity which it knows, or should have known, that the work involves an error, inconsistency or omission in the Contract Documents without giving notice to the Board at or before the pre-bid conference, if such a conference is scheduled, or if no such conference is scheduled before submitting its bid, the Contractor shall assume appropriate responsibility and liability for such performance and shall bear an appropriate amount of the attributable costs for correction, including, but not limited to, attorney fees, if any.
3.1.2 The Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the Architect and Board at once.
3.1.2.1 Exactness of grades, elevations, dimensions or locations given on any Drawings issued by the Architect or Board, or the work installed by other contractors, is not guaranteed by either the Board or Architect. The Contractor shall, therefore, satisfy itself as to the accuracy of all grades, elevations, dimensions or locations. In all cases of interconnection of the Contractor's Work with existing or other work, Contractor shall verify at the site all dimensions relating to such existing or other work.
3.1.2.2 Any errors due to the Contractor's failure to so verify all such grades, elevations, dimensions or locations shall be promptly rectified by the Contractor at no additional cost to the Board.
3.1.3 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pursuant to Article 3.11.
3.1.4 Except as to any reported errors, inconsistencies or omissions and to concealed or unknown conditions defined in Article 4.3, by executing the Agreement, the Contractor represents the following:
3.1.4.1 The Contract Documents are sufficiently complete and detailed for the Contractor to (1) perform the Work required to produce the results intended by the Contract Documents and (2) comply with all the requirements of the Contract Documents, and ORC 153.31.
3.1.4.2 The Work required by the Contract Documents, including, without limitation, all construction details, construction means, methods, procedures and techniques necessary to perform the Work, use of materials, selection of equipment and requirements of product manufacturers are consistent with (1) good and sound practices within the construction industry; (2) generally prevailing and accepted industry standards applicable to Work; (3) requirements of any warranties applicable to the Work; and (4) all laws, ordinances, regulations, rules and orders which bear upon the Contractor's performance of the Work.
14.1.1 Written notice to parties other than the Board shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered at or sent by registered or certified mail to the address of the intended party as stated at the beginning of the Agreement, unless such address is changed in a subsequent writing received by the serving party. Written notice to the Board shall be deemed to have been duly served if delivered in person to the Board's authorized representative, which for notice purposes shall in no case be the Architect except where the Board serves as the Architect and no other representative is authorized, or if delivered at or sent by registered or certified mail to the following address unless such address is changed in a subsequent writing received by the serving party:
Director of Department of Facilities Management
Montgomery County Administration Building
P.O. Box 972
451 West Third Street
Dayton, Ohio 45422-1326
7.1.1 The Board may, at any time, without invalidating the Contract, and without notice to the surety, order changes in the Work by a written Change Order document.
7.1.2 This provision entitled, "Changes in the Work," shall be applicable only to Board Initiated Changes, which by agreement, are not within the coverage of the provision of this Contract entitled "Special Provision Relating to Supplemental Work."
7.1.2.1 All adjustments under this Contract shall be effected under the “Special Provision Governing Supplemental Work,” except those identified herein as "Board Initiated Changes."
7.1.2.2 The doctrine of "Constructive Change" to the Contract or any claim for entitlement to extras, changes, or additional time, or for any other reason, shall have no application under this Contract, except for new work or worked changed solely for the benefit or convenience of the Board under this "Board Initiated Changes" article.
7.1.3 When the Board desires to make changes in the Work the following procedures shall apply:
7.1.3.1 If requested by the Board, the Contractor shall prepare and submit a detailed proposal, including all time and cost adjustments to which the Contractor believes it will be entitled as a result of performing the changed Work. The Board shall be under no legal obligation to issue a Change Document authorizing the work then contemplated.
7.1.3.2 The parties shall attempt in good faith to reach an agreement on all adjustments to the Contract required to incorporate the changed work into the Contract.
7.1.3.2.1 If the parties can agree upon all such adjustments, then a Bilateral Supplemental Agreement shall be executed to confirm the agreement reached.
7.1.3.2.2 If no agreement is reached, then the Board may, in its sole discretion, authorize the Work to be performed by its own forces or to hire others to complete the Work. Such action by the Board shall not be the basis of a claim by the Contractor for the failure to allow it to perform the changed work, or for interference with or impact on Contract scheduled work.
7.1.3.3 Notwithstanding the good faith efforts of the parties, it may be necessary for the Board to direct changed work for which no agreement can or has been reached. In such cases, the following procedures shall be followed:
7.1.3.3.1 Upon the receipt by the Contractor of a written directive from the Board the Contractor shall perform the Work set forth in the Change Order.
7.1.3.3.2 Any elements of the Changed work, as to which agreement has been reached, shall be incorporated into the Change Order Document and the Contractor shall evidence its agreement to these elements, in writing or on the Change Order Document.
7.1.3.3.3 If the element of "cost" is not agreed to by the parties, then the sum due to the Contractor for the performance of Changed Work authorized to be performed by the Board, shall be determined in strict accordance with the following procedures:
7.1.3.3.3.1 By Unit Prices stated in the Contract Documents, or as subsequently agreed to.
7.1.3.3.3.2 By a Lump Sum when the parties can agree upon a maximum sum including all cost for impact. In the event the parties cannot agree upon a maximum sum, then, Contractor cost shall be limited to the following:
7.1.3.3.3.2.1 Costs of labor, including social security, old age and employment insurance, fringe benefits, required by agreement or custom and any Workers Compensation Benefits.
7.1.3.3.3.2.2 Cost of material, supplies and equipment, including costs of transportation and travel and rental costs, exclusive of hand tools, for any such equipment. Rental charges for Contractor Owned Equipment shall not be allowed, unless it is the standard practice of the Contractor to include such costs in bids and performance accounting in all its work.
7.1.3.3.3.2.3 Costs of additional premiums for all bonds and insurance, permit fees and sales, use or similar taxes related to the Work.
7.1.3.3.3.2.4 Costs of field supervision and field support services shall be excluded. If the Contractor desires to recover costs for labor described in this Article 7.1.3.3.3.2.4, it must include such costs in its allowance for overhead and be in its bid. Nothing contained in this Article shall preclude recovery of field supervision and field support services as a part of the markup authorized and limited by Article 7.1.3.3.3.3 below.
7.1.3.3.3.3 A mark up of fifteen (15) percent of the costs incurred or to be incurred for overhead and profit, required by the Changed Work, whether performed by the Contractor or any Subcontractor. If the Change results in a reduction in the Work and a credit to the Board, no deduction for mark up shall be taken. How the Contractor and Subcontractor apportion the fifteen (15) percent markup is to be negotiated between the Contractor and Subcontractor.
7.1.3.3.3.4 Costs incurred by the Contractor in preparing or processing the proposals identified herein shall be included in the Contractor's bid and no separate allowance shall be made therefor.
7.1.4 If feasible, as determined by the Board, a Bilateral Supplemental Agreement may be used to effect Board Initiated Changes. This Supplemental Agreement shall set forth in their entirety all adjustments of the contract, to which the Contractor may be entitled arising out of, incident to or as a result of the change effected by the Supplemental Agreement as provided in Article 7.5 hereof.
7.1.5 The following procedures shall apply to any authorized change under this provision, the amount or impact of which is not subject to mutual agreement of the parties. The Contractor shall maintain an accounting system which is kept in accordance with "Generally Accepted Accounting Principles" (GAAP). Within this accounting system the Contractor shall segregate all change order costs by activity and amount.
7.1.5.1 The failure to maintain adequate control of this process shall result in the denial of all costs that do not meet these criteria. These costs shall be reported daily, reported as a part of the Contractor's Daily Report and recognized by these procedures. These cost identifications shall be certified by the Board's Project Representative. Costs payable to the Contractor shall be limited to those costs recognized or limited by Article 7.1.3.3.3, hereof.
12.1.1 If a portion of the Work is covered contrary to the Board's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Board, be uncovered for the Board's inspection and be replaced at the Contractor's expense, if defective, without change in the Contract Time. If prior to the date of Substantial Completion, the Contractor, a Subcontractor, a Sub-subcontractor or anyone for whom either is responsible uses or damages any portion of the Work, including, without limitation, mechanical, electrical, plumbing and other building systems, machinery, equipment or other mechanical device, the Contractor shall cause such item to be replaced or restored to "like new" condition at no expense to the Board.
12.1.2 If a portion of the Work has been covered which the Board has not specifically requested to observe prior to its being covered, the Board may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be charged to the Board. If such Work is not in accordance with the Contract Documents, the Contractor shall pay such costs unless the condition was caused by the Board or a separate contractor in which event the Board shall be responsible for payment of such costs and may recoup such cost from such separate contractor as applicable.
The Board of County Commissioners for Montgomery County, Ohio (the "Board") has created the following bid procedure to ensure an equal opportunity for all bidders, to ensure that bids received are responsive to the specifications, and to minimize any misunderstandings in advance of bid openings.
Particular attention of all bidders is drawn to the provisions of this solicitation and the resulting contract dealing with pre-bid inquiries, pre-bid and pre-award conferences and the duty of the bidders to disclose any significant fact or question which will adversely affect the cost or time of completion of this project. Bidders are cautioned that they disregard these provisions at their own peril.
Bidders are directed to study and follow these instructions as to the method and form for submitting bids so there will be no reason to reject a bid.
4.1.1 After the award of the Construction Contract the Architect shall become an on-site Professional and Technical Advisor to the Board, as provided in the Contract between the Board and the Architect. In this capacity, the Architect will have continuous access to the site and any phase of the Contract Work which the Architect determines to be necessary including, through the Board's Project Representative, access to data in the construction Contractor's files or offices pertaining to the performance of the quality, time or cost requirements of the Construction Contract, in the same mode, manner and extent that such data would be available to the Board.
4.1.2 In its capacity as the Professional and Technical Representative of the Board, the Architect shall be responsible for professional supervision of the Work, excluding superintendence, of the building process. The Architect shall verify conformance with Contract Requirements in each of the areas of cost, quality and time. The Architect will have great responsibility to assure that the product offered for acceptance does, in fact, meet the Contract requirements.
4.1.2.1 However, the Architect has no contractual authority and may not legally authorize, or waive the full conformance to the Contract Requirements. If any matter arises during the performance of the Contract which is claimed to have been authorized by a representative of the Board and which may increase the Board's responsibility for cost or waives any requirement concerning time or quality, the Board shall not be prejudiced thereby unless the Contractor did present a formal notice in the manner required by the Contract to the Board and received specific written authority from the Board regarding the matter.
9.1.1 Schedule of Values. Within ten (10) days after execution of the Agreement, the Contractor shall submit to the Architect a schedule of values allocated to various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as the Architect or Board may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment.
9.1.2 Material Sources and Substitutions. Within ten (10) days after execution of the Agreement, the Contractor shall furnish the Board with a list of materials and suppliers upon which the Contractor's bid was based. Whenever a substitution of materials is proposed on an "approved equal" basis, Contractor shall submit such substitutions for approval by the Board.
Bids are due electronically through the County's OpenGov Procurement portal before 1:30 pm on Wednesday, April 8, 2026, for Montgomery County PP-2026-0020, Parking Structures Repairs. Said bids will be opened by the Purchasing Director as soon thereafter as the opening can begin.
All project documents are available on the County's OpenGov Procurement portal located at:https://www.mcohio.org/Bids.
Pursuant to Section 153.54 et. seq., of the Ohio Revised Code, the bidder shall submit a BID GUARANTY in the form of either:
A mandatory pre-bid meeting will be conducted at 1:30 pm on Thursday, March 26, 2026, hosted at 451 W. Third St. 9th Floor Purchasing Dayton, OH 45422. A site tour will follow. All potential bidders are required to attend this meeting and shall pay particular attention to the following provisions:
ENGINEERS ESTIMATE: $761,000.00
The County Commissioners reserve the right to reject any or all bids and to waive any irregularity of bids, should same be to the advantage of the county.
BY ORDER OF THE BOARD OF COUNTY COMMISSIONERS OF MONTGOMERY COUNTY, OHIO,
Kyle Kolopanis, Purchasing Director
Published in Court Reporter on March 13, 2026 and March 20, 2026
15.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of sixty (60) days through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor, for (1) issuance of an order of a court or other public authority having jurisdiction; (2) an act of government, such as a declaration of national emergency, making material unavailable.
15.1.2 If one of the above reasons exists, the Contractor may, upon seven (7) additional days written notice to the Board, terminate the Contract and recover from the Board payment for Work executed and proven loss relating to materials, equipment, tools, equipment and machinery, including reasonable overhead, profit and damages.
15.1.3 If the Work is stopped for a period of sixty (60) days through no act or fault of the Contractor, Subcontractor, their agents or employees or any other persons performing portions of the Work under some contract with the Contractor because the Board has persistently failed to fulfill the its obligations under the Contract with respect to matters important to the progress of the Work, the Contractor may, upon seven (7) additional days written notice supplied to the Board, terminate the Contract as provided in Article 15.1.2.
1.1.1 Agreement. The term "Agreement" refers to the Construction Contract Agreement.
1.1.1.1 All definitions and other terms contained in the first section of this contract, entitled "Agreement" shall be incorporated into these General Conditions as if fully rewritten herein or attached hereto. To the extent that there is a conflict between any part of the agreement and these general conditions, the agreement shall control.
1.1.2 General Conditions. The term "General Conditions" refers to all of the contract conditions in this document.
The Board shall be entitled to maintain a Quality Assurance Program, including professional representation at the site, as stated in the Contract. The Quality Assurance Program shall be under the general direction of the Board's Professional Site Representative and advisor. Contractors are cautioned that the Board's Construction Representative is not a contractual agent of Montgomery County. The Professional Representative has no legal authority to modify, change or revise the terms of this Contract, actually or constructively. In absence of the notice required by this Contract, no action by the Board shall be construed to constitute ratification or approval of any unauthorized act by such site representative. This Article 13.2 is supplementary to and shall be interpreted in harmony with Article 4.2.17 hereof. The consistent purpose of these caveats to Contractors is to assure that each Contractor understands that only the Board, by official resolution, may waive any provision of this Contract.
13.2.1 Board inspections and tests or performance of its Quality Assurance Verification Program functions are for the sole benefit of the Board and do not (1) relieve the Contractor of responsibility for providing adequate quality control measures or for the maintenance of the Contractor's Quality Control Program or for the proper documentation of the occurrence of any event which explains the impact of that event on articles required to be tested or monitored in the performance of the Quality Control Program; (2) relieve the Contractor of responsibility for damage to or loss of the material before acceptance; (3) constitute or imply acceptance; or (4) affect the continuing rights of the Board after acceptance of the completed work, except as specifically stated to the contrary, in the Contract.
Questions and inquiries concerning this bid shall be directed to the Question & Answer section of this project on the County's OpenGov Procurement portal. All questions and answers will be available electronically on the County's OpenGov Procurement portal.
While every effort will be made to answer all questions at the pre-bid conference, the written response to any such questions shall be controlling in the event of a conflict with an oral response given at the pre-bid conference.
CAUTION: Only official, written addenda shall create a binding contractual commitment upon the Board in response to any request for explanation, interpretation or other inquiries. Any other response shall be for information only and shall not have contractual significance unless set forth in an official, written addenda.
11.2.1 The Board is self insured and shall not be responsible for purchasing or maintaining any insurance in any amount or of any kind. In the Board's sole discretion, it may purchase and maintain insurance for self-protection against claims which may arise from operations under the Contract. The Contractor shall not be responsible for purchasing and maintaining this optional Board's liability insurance unless specifically required by the Contract.
1.2.1 Signature Requirements. The Contract Documents shall be signed by the Board and the Contractor as provided in the Agreement and the Contract Documents. If either the Board or Contractor or both do not sign all of the Contract Documents, the Board shall identify such unsigned Documents upon request. Such failure to sign any of the Contract Documents shall in no way void or nullify the signatures of either party upon the Agreement.
1.2.2 Execution Representations. Execution of the Contract by the Contractor is a representation that the Contractor has visited the Contract Site, become familiar with the local conditions under which the Work is to be performed, confirmed the location of relevant utility tie-ins with the required utility provider, if the Contract Documents provide that such tie-ins are to be made by the Contractor, and correlated personal observations with requirements of the Contract Documents. These representations are in addition to all other representations contained or implied by the Contract Documents.
1.2.2.1 The Contractor and each Subcontractor shall evaluate and satisfy themselves as to the conditions and limitations under which the Work is to be performed, including, without limitation: (1) the location, condition, layout and nature of the Project site and surrounding areas; (2) generally prevailing climatic conditions; (3) anticipated labor supply and costs; (4) availability and cost of materials, tools and equipment; and (5) other similar issues. The Board assumes no responsibility or liability of any kind for the physical condition or safety of the Project site or any improvements located on the Project site.
1.2.2.2 The Contractor shall be solely responsible for providing a safe place for the performance of the Work. The Board shall not be required to make any adjustments in either the Contract Sum or Contract Time in connection with any failure by the Contractor or any Subcontractor to comply with the requirements of this Article 1.2.2.2.
1.2.3 Intent. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the intended results.
1.2.4 Headings. Organization of the Specifications into divisions, sections and articles and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. Numbered topical headings, articles, or titles in the Contract Documents are inserted for the convenience of organization and reference and are not intended to affect the interpretation or construction of the terms thereof.
1.2.5 Technical Word Interpretation. Unless otherwise stated in the Contract Documents, words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings.
1.2.6 Personal Pronoun and Number Interpretation. All personal pronouns used in the Contract Documents, whether used in the masculine, feminine, or neuter gender, shall include all other genders and, where used in the singular, shall include the plural and vice versa.
1.2.7 Limiting Language Interpretation. The use of the word "including," when following any general statement, term, or matter, shall not be construed to limit such statement, term, or matter to the specific items or matters set forth immediately following such word or to similar items or matters, whether or not non-limiting language (such words as "without limitation" or "but not limited to" or words of similar import) is used with reference thereto, but shall be deemed to refer to all other items or matters that could reasonably fall within the broadest possible scope of such general statement, term or matter.
1.2.8 Approval and Provision Interpretation. When the words "approved," "satisfactory," "proper," or "as directed" are used by the Architect, approval by the Architect shall be understood. When the word "provide" including derivatives thereof is used in the Contract Documents, it shall mean to properly fabricate, complete, transport, deliver, install, erect, construct, test and furnish all labor, materials, equipment, apparatus, appurtenances, and all items and expenses necessary to properly complete in place, ready for operation or use under the terms of the Contract Documents.
1.2.9 Knowledge Interpretation. The terms "knowledge," "recognize," "discover," their respective derivatives and similar terms in the Contract Documents, as used in reference to the Contractor, shall be interpreted to mean that which the Contractor knows or should know, recognizes or should recognize and discovers or should discover in exercising the care, skill and diligence required by the Contract Documents. Analogously, the expression "reasonably inferable," its derivatives and similar terms in the Contract Documents shall be interpreted to mean reasonably inferable by a contractor familiar with the Project and exercising all of the care, skill and diligence required of the Contractor by the Contract Documents.
1.2.10 Persistence Interpretation. The phrase "persistently fails," its derivatives and other similar expressions, as used in reference to the Contractor, shall be interpreted to mean any combination of acts and omissions, which causes the Board or the Architect to reasonably conclude that the Contractor will not complete the Work within the Contract Time, for the Contract Sum or in substantial compliance with the requirements of the Contract Documents.
1.2.11 Special Interpretive Agreement. The parties hereto agree that in the event it becomes necessary to determine the meaning, scope or interrelationship of any of the provisions of the Contract Documents, the doctrine of contra proferentum, that is that the contract shall be construed against the Board, shall not be used. On the contrary, the parties hereto specifically agree that interpretation shall be based upon a reasonable basis consistent with the provisions and intent of the Contract Documents.
15.2.1 In addition to any other remedy available herein, the Board may terminate the Contract if the Contractor (1) persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; (2) fails to make payments to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the various Subcontractors; (3) persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; (4) is guilty of substantial breach of a provision of the Contract Documents; (5) is in breach of any warranty or representation in the Contract Documents; (6) fails to materially comply with the Board's construction schedule; (7) fails to proceed continuously with the construction and completion of the Work; (8) fails to furnish the Board with assurances satisfactory to the Board evidencing the Contractor's ability to complete the Work in compliance with all the requirements of the Contract Documents.
15.2.2 When any of the conditions stated in Article 15.2.1 exist, the Board may, seven (7) days after giving the Contractor and the Contractor's surety, if any, written notice, without prejudice to any other rights or remedies of the Board, terminate employment of the Contractor and may, subject to any prior rights of the surety, if any (1) take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereof owned by the Contractor; (2) accept assignment of subcontracts pursuant to Article 5.4; and (3) finish the Work by whatever reasonable method the Board deems expedient.
15.2.3 When the Board terminates the Contract for one of the reasons stated in Article 15.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished.
15.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including, without limitation, compensation for Architect's services and any other loss, cost, damage or expense incurred or suffered by the Board as a result of any of the occurrences listed in 15.2.1 above, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Board.
9.2.1 At least ten (10) days before the last day of each calendar month, unless otherwise required by the Contract Documents, the Contractor shall submit to the Board an itemized Application for Payment for operations completed in accordance with the schedule of values. Such application shall be notarized and supported by such data substantiating the Contractor's right to payment as the Board or Architect may require, such as, but not limited to, copies of requisitions from Subcontractors and material suppliers, and reflecting retainage if provided for elsewhere in the Contract Documents or as required by law. A copy of the Application for Payment shall be submitted to the Architect simultaneously with submission of the original Application for Payment to the Board.
9.2.1.1 Applications for payment on account of changes in the Work which have been properly authorized by Change Orders approved by Board Resolution must be made separately from applications for payment under separate Board Resolutions.
9.2.1.2 Such applications may not include requests for payment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason.
9.2.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site of the Work for subsequent incorporation in the Work after such materials and equipment have been inspected by the Contractor, Architect or Board and the Board agrees that such materials and equipment meet the specifications in the Contract Documents. If approved in advance by the Board, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Board to establish the Board's title to such materials and equipment or otherwise protect the Board's interest, and shall include applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. Retainage from payment for such material and equipment shall be in accordance with applicable law.
9.2.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Board no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Board shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons/entities making a claim by reason of having provided labor, materials or equipment related to the Work.
9.2.4 Each Application for Payment shall be based on the schedule of values submitted by the Contractor in accordance with the Contract Documents and the Wage Determination. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Architect or Board may require. This schedule, unless objected to by the Architect or Board, shall be used as a basis for reviewing the Contractor's Applications for payment.
9.2.5 The period covered by each Application for Payment shall be one (1) calendar month ending on the last day of the month unless otherwise agreed to by the parties in writing.
4.2.1 The Architect shall be responsible for arranging and conducting construction-related meetings, as required. The Architect's representative shall attend, take notes, publish and distribute minutes of job meetings.
4.2.2 The Architect's site representative will receive copies of reports submitted by the prime construction Contractors and shall provide site services to verify the reports, when necessary. Discovered variances shall immediately be reported to the Board.
4.2.3 If requested by the Board, the Architect shall provide a full-time, on-site representative who shall be subject to the approval of the Board and qualified in construction administration. On projects for which the Board does not authorize full-time, on-site representation, the Architect shall provide an approved person with suitable experience in the construction process to make site quality verification visits and to monitor and report the progress, quality, and timely performance of the Work relative to the working Drawings and Specifications, the schedule and the quality requirements of the Contract, as such work is being performed by the construction contractor. The Contractor shall provide the Architect all such reasonably available data from its quality and scheduling procedures, so as to make it possible for the Architect to perform its duties.
4.2.3.1 The Architect shall report to the Board the progress and quality of the work based on professional review of Contractor activities at the site. Detected defects and deficiencies in the Work shall be reported to the Board forthwith. The Architect shall, upon the notice and representation of the Contractor that such documents are ready for review, establish a time for, and coordinate a meeting to discuss the Contractor's proposed quality and time management procedure. During contract performance, the Architect shall perform such analysis and evaluation of the quality and schedule procedures to enable the Architect to inform the Board of the failure of any Contractor to perform in accordance with the contract requirements. Any documentation required for a proper analysis by the Architect shall be furnished by the Contractor.
4.2.4 The Architect shall be responsible for the coordination and performance of on-site services performed by consultants employed by the Architect. It shall review reports and other data submitted by such consultants. The Architect and each consultant engaged shall visit the job site for the purpose of verifying the compliance by the Contractor with Contract requirements at the times and frequencies stated in the contract with the Architect. The Architect shall provide in each consultant subagreement a requirement for consultant visits to the site and a schedule for such visits to accomplish professional verification of the Work monitored by each consultant and a reporting system to inform the Board of deficiencies in the Work.
4.2.5 Prior to the start of construction, the Contractors and the Architect shall review the time sequencing and proposed schedule for submittals from construction Contractors so that the Architect and its consultants may suitably arrange proper review thereof. The Architect shall assess the feasibility of such submittals relative to the time needed for construction schedule review and advise the Board accordingly. Any Contractor who fails to cooperate in this commitment will be subject to immediate penalty, not excluding default termination.
4.2.6 Should the Architect become aware that the work of any construction Contractor or Subcontractor, whether in place, or in process, does not conform to the work or quality required by the construction Contracts, the Board shall be immediately notified. It is appropriate for the Architect to immediately advise the construction contractors of substantial deficiencies, and that this notification of deficiency will be made to the Board. The Architect shall furnish such data as is necessary to inform the Board of the degree of deviation from Contract requirements, the cause thereof, the impact on schedule and cost, if known, and a recommended course of conduct. The Board shall be solely responsible for implementation of the Architect's recommendation. This assumption of responsibility by the Board shall not relieve the Architect or its consultants for negligence in the discovery of any condition that was or should have been discovered.
4.2.6.1 Following construction site visits, the Architect shall make routine status reports of activities on the Project, at such intervals as is elsewhere herein established and in a format approved by the Board. The Architect shall submit routine reports within five (5) days of the site visit by the Architect's representative.
4.2.6.2 Reporting requirements for full-time, on-site representation shall be established by each Contract for such professional services.
4.2.7 If the Architect, at any time for any reason, considers suspension of construction Work appropriate, the Architect shall notify the Board of its recommendation and state the reasons which, in the professional opinion of the Architect, justify such action.
4.2.8 The Architect shall be responsible for the professional review and approval or rejection of Shop Drawings, Samples and other submittals from the construction Contractor to determine conformance with the specific portions of the Contract Documents or the Contractor's quality procedures, under which the submittal was made. Review of the submittals which have priority status, as required by the Schedule requirements, if applicable, or as determined by the Board's Project Representative, must be completed within five (5) working days of receipt, or such other time as not to delay the Contractor. Review of other submittals shall be completed within ten (10) working days of receipt, or in accordance with the submittal schedule prepared by the construction Contractor team and as approved by the Board and Architect at the start of construction.
4.2.9 If it becomes necessary during construction to interpret, construe, clarify or to otherwise determine the reasonable meaning, application or implementation of the Contract Documents, the Architect, acting in good faith based upon the facts known, or made known to it at the time, shall recommend to the Board a course of conduct concerning the issues involved. Such recommendation(s) may be considered for further contractual action by the Board.
4.2.10 Necessary professional services to repair or overcome problems caused by errors, omissions, ambiguities or changes not authorized by the Board in the preparation of the documents or design shall be the responsibility of the Architect or its consultants without additional cost to the Board.
4.2.11 Necessary professional services to repair or overcome problems caused by errors, omissions, ambiguities or changes not authorized by the Board in the preparation of the documents or design shall be the responsibility of the Architect or its consultants without additional cost to the Board.
4.2.12 The Architect shall review requests for information and Board requests for assistance in executing authorized changes or Supplemental Work. The Architect shall, evaluate subsequent construction Contractor change proposals and provide the Board with a written recommendation regarding acceptance or rejection of such change proposals. Review and recommendation shall be completed within five (5) working days of receipt or in accordance with the schedule specifically approved by the Board. The review shall consider the necessity for such change, the reasonable method for accomplishment of the proposed change, and an analysis of the cost proposed for effecting the change. Following approval by the Board, the Architect shall prepare, process and convey the necessary supplemental agreement or change order, in accordance with the provisions hereof, entitled Board Initiated Changes or Supplementary Work.
4.2.12.1 The Architect shall fully evaluate the merit and validity of claimed costs in connection with any request submitted to it by the Board for review of an application for claimed Supplemental Work. The Architect shall submit timely written recommendations to the Board and shall assist in negotiations concerning change orders or applications for payment for Supplemental Work.
4.2.12.2 The Architect shall review and analyze all requests for advice from the Board concerning Board Initiated Change Orders, and shall furnish advice concerning scope, quality, time and cost impact of the proposed Change Order.
4.2.13 The Architect will conduct such inspections as are necessary to accurately identify and file with the Board the Date of Substantial Completion and the date of Final Completion. The Architect will receive and forward to the Board, for the Board's review and files, all written warranties and related documents required by the contract and assembled by the Contractor, and a professional opinion from which the Board will issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents.
4.2.14 The Board will provide a set of contract plans to each prime construction contractor on which daily records of progress, changes and deviations from the Contract will be recorded. At completion of the Project, each construction contractor will submit its marked-up record prints to the Architect who shall, based on these marked-up prints, revise the original documents or prepare a set of mylar copies of original drawings showing changes in the work made during the construction process to produce a set of as-built documents. An alternate to revised drawings will be revised computer disks. This work shall be completed within thirty (30) days of receipt of the last marked-up prints. The consequences of circumstances known by the Architect to have caused change shall be included in the production of the as-built documents.
4.2.15 In the performance of the its work at the site, the Architect shall have only such safety duties as are imposed by Ohio or Federal Law or Regulation. It is not the purpose of this Article 4.2.15, or this contract, to either increase or diminish those duties.
4.2.16 In the performance of the its work at the site, the Architect shall have only such safety duties as are imposed by Ohio or Federal Law or Regulation. It is not the purpose of this Article 4.2.15, or this contract, to either increase or diminish those duties.
4.2.17 The Architect shall also obtain from the Board's Project Representative, and review for compliance with design intent, an Operating and Maintenance Manual for building systems and operable mechanical and electrical equipment on the Project, both powered and manual. Two copies of the manuals shall be returned to the Board's Project Representative. These manuals shall include (1) the manufacturer's instruction for maintenance and operation of equipment and systems, including a spare parts list; and (2) temperature-control record drawings and equipment data sheets including recommended maintenance procedures.
4.2.18 NO REPRESENTATIVE OF THE BOARD, INCLUDING THE ARCHITECT, HAS THE AUTHORITY TO CHANGE, MODIFY, INCREASE, OR DECREASE THE SCOPE OF THE CONTRACTOR'S DUTY TO THE BOARD UNDER THIS CONTRACT. SHOULD A CONDITION ARISE WHICH REQUIRES IMMEDIATE RESPONSE FROM THE DULY AUTHORIZED REPRESENTATIVE OF THE BOARD, ALL CONTRACTORS ARE CAUTIONED THAT THE PROPER METHOD FOR COMMENCING RESOLUTION OF THE CONDITION IS THE GIVING OF THE FORMAL NOTICE SPECIFIED ELSEWHERE IN THIS CONTRACT TO MAKE THE BOARD AWARE OF SUCH CONDITION, AND ITS DUTY TO RESOLVE IT. THE GIVING OF THIS NOTICE IS A CONDITION PRECEDENT TO ANY LIABILITY OF ANY TYPE FOR ANY MATTER ARISING UNDER THE CONTRACT. CONTRACTORS FAIL TO GIVE SUCH NOTICE AT THEIR OWN PERIL.
12.2.1 The Contractor shall promptly correct Work rejected by the Board or failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear costs of correcting such rejected Work, including additional testing and inspections and compensation for any services and expenses made necessary thereby. If prior to the date of Substantial Completion, the Contractor, a Subcontractor or anyone for whom either is responsible uses or damages any portion of the Work, including, without limitation, mechanical, electrical, plumbing, HVAC, security, fire prevention and other building systems, machinery, equipment, or other mechanical device, the Contractor shall cause such item to be restored to "like new" condition at no expense to the Board.
12.2.2 If, within one (1) year after the date of Substantial Completion of the Work or designated portion thereof, or after the date for commencement of warranties established under Article 9.8.1 or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Board to do so unless the Board has previously given Contractor a written acceptance of such specific condition. This period of one (1) year shall be extended with respect to portions of Work first performed after Substantial Completion and the actual performance of the Work. This obligation under this Article 12.2.2 shall survive acceptance of the Work under the Contract and termination of the Contract. The obligations under this Article 12.2 shall cover any repairs and replacement to any part of the Work or other property caused by the defective Work. Upon completion of any Work under or pursuant to this Article 12.2, the one (1) year correction period in connection with the Work requiring correction shall be renewed and recommence.
12.2.3 The Contractor shall remove from the site at its own expense portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Board.
12.2.4 If the Contractor fails to correct nonconforming Work within a reasonable time, the Board may correct it in accordance with Article 2.3. If the Contractor does not proceed with correction of such nonconforming Work within a reasonable time fixed by written notice from the Architect or Board, the Board may remove it and store the salvable materials or equipment at the Contractor's expense. If the Contractor does not pay costs of such removal and storage within ten (10) days after written notice, the Board may, upon ten (10) additional days written notice, sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof, after deducting costs and damages that should have been borne by the Contractor, including compensation for the Architect's services and expenses made necessary thereby. If proceeds of the sale do not cover costs which the Contractor should have borne, the Contract Sum shall be reduced by the deficiency. If payments then or thereafter due the Contractor are not sufficient to cover the amount, Contractor shall pay the difference to the Board.
12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Board or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents.
12.2.6 Nothing contained in this Article 12.2 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract. Establishment of the time period of one (1) year as described in Article 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work.
7.2.1 Pricing of unanticipated work under the Contract which costs are not the responsibility of the Contractor shall be governed by the following:
7.2.1.1 The pricing arrangement described in this Article 7.2 shall apply to all Work, the need for which arises subsequent to the award of the Contract for which it is determined that the Contractor is not contractually liable for performance.
7.2.1.2 The Work may consist of discovered changes and conditions, the responsibility and liability for which are not specifically allocated to the Contractor.
7.2.1.3 This Work will arise from unanticipated conditions which could not have been identified or discovered prior to submission of the bid and which are initiated by unanticipated conditions at the site or which otherwise could not have reasonably been anticipated by the parties.
7.2.1.4 All claims by the Contractor for which the Contract assigns the responsibility to the Contractor under Article 7.2 of the Article hereof, entitled “Provision Relating to Supplemental Work,” shall be excluded from payment under this Article 7.2.1 because of the failure of conditions set forth herein.
14.2.1 Except to the extent expressly provided in the Contract Documents, duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law.
14.2.2 No action or failure to act by the Board, Architect or Contractor shall constitute a waiver of a right, remedy, duty or obligation afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing.
3.2.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention commensurate with the responsibility to produce a satisfactory product under the facts peculiar to this Project. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless Contract Documents give other specific instructions concerning these matters. If the Contractor learns of or experiences an interference with its rights under this Article 3.2.1, the notice to the Board of such an event is mandatory and can not be waived by the Contractor.
3.2.2 The Contractor shall be responsible to the Board for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees and any entity or other persons performing portions of the Work under a contract with the Contractor. Under no circumstances shall the failure of a subcontractor or other entity to perform work contracted by the Contractor with that entity, as required, be a basis for adjustment of this Contract. Under no circumstances shall the failure of a Subcontractor or other entity to perform Work contracted by the Contractor with that entity, as required, be a basis for adjustment of this Contract.
3.2.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. Failure of the Board or its representative to discover defective work tendered by the Contractor for inspection, approval or acceptance, under the terms of the contract, when the Board relies upon the representations of or information furnished by the Contractor, to its detriment, as permitted or required by the Contract, shall not be treated as a waiver of the rights of the Board to receive work conforming to the Contract Requirements.
3.2.4 The Contractor shall be responsible for assuring that portions of Work already performed under this Contract to determine that such portions are, in fact, in proper condition to receive subsequent Work.
10.2.1 The Contractor shall comply with all applicable federal and state laws and regulations dealing with safety and shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to all of, but not limited to, the following:
10.2.1.1 employees on the Work and other persons who may be affected thereby;
10.2.1.2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub-subcontractors; and
10.2.1.3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction.
10.2.2 The Contractor shall give notices and comply with all applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss.
10.2.3 The Contractor shall erect and maintain, as required by existing conditions, by the Contract Documents, by all applicable laws, ordinances, rules, regulations or orders of public authorities having jurisdiction, and by performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying the Board and users of adjacent sites and utilities. The Contractor shall also be responsible, at the Contractor's sole cost and expense, for all measures necessary to protect any property adjacent to the Project and improvements therein. Any damage to such property or improvements shall be promptly repaired by the Contractor.
10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. The Board must be informed at least two (2) days in advance of any day upon which explosives or other hazardous materials or equipment or unusual methods are necessary. Contractor must maintain Material Safety Data Sheets in accordance with Article 2.1.2.
10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Article 10.2.1 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Article 10.2.1, except damage or loss attributable to acts or omissions of the Board or anyone directly or indirectly employed by the Board, or by anyone for whose acts they may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Article 3.17.
10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Board.
10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety.
10.2.8 When all or a portion of the Work is suspended for any reason, the Contractor shall securely fasten down all coverings and protect the Work, as necessary, from injury by any cause.
10.2.9 The Contractor shall promptly report in writing to the Board all accidents arising out of or in connection with the Work which cause death, personal injury, or property damage, giving full details and statements of any witnesses. In addition, if death, serious personal injuries, or serious property damages occur, the accident shall be reported immediately by telephone or messenger to the Board or its authorized representative.
6.2.1 The Contractor shall afford the Board and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents.
6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Board or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Board apparent discrepancies or known or readily discoverable defects in such other construction that would render it unsuitable for such proper execution and results.
6.2.2.1 Failure of the Contractor to conduct a proper inspection of such work and to so report shall constitute an acknowledgment that the Board's or separate contractors' completed or partially completed construction is fit and proper to receive the Contractor's work, except as to defects not then reasonably discoverable.
6.2.3 Costs caused by improperly timed activities or defective work shall be borne by those responsible therefor.
6.2.4 The Contractor shall promptly remedy damage wrongfully caused by the Contractor to completed or partially completed construction or to property of the Board or separate contractors as provided in Article 10.2.5.
6.2.5 Claims and other disputes and matters in question between the Contractor and a separate contractor shall be subject to the provisions of Article 4.7 provided the separate contractor has reciprocal obligations.
6.2.6 Each separate contractor shall have the same cutting and patching responsibilities as outlined in Article 3.13.
5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, within ten (10) days after award of the Contract, shall furnish in writing to the Board the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Board will promptly reply to the Contractor in writing stating whether or not the Board, after due investigation, has any objection to any such proposed person or entity.
5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Board or Architect has made an objection, and another subcontractor shall be proposed by the Contractor. Unless otherwise provided in the Contract Documents, the Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection supported by evidence of sufficient grounds.
5.2.3 If the Board has an objection to a person or entity proposed by the Contractor pursuant to Article 5.2.2, the Contractor shall propose another to whom the Board has no objection. The Contract Sum shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. However, no increase in the Contract Sum shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required and the Board approves such increase by Resolution.
5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if the Board or Architect makes an objection to such change.
8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work.
8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Board in writing, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by a notice to proceed given by the Board, the Contractor shall notify the Board in writing not less than five (5) days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests.
8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time.
2.2.1 If the Contractor fails to correct the Work which is not in accordance with the requirements of the Contract Documents as required by Article 12.2 or persistently fails to carry out Work in accordance with the Contract Documents, the Board, by written order, may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated and, in the Board's sole discretion, contact the surety, if any, though there shall not be any obligation to do so; however, the right of the Board to stop the Work shall not give rise to a duty on the part of the Board to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Article 6.1.3.
6.3.1 If a dispute arises among the Contractor, separate Contractors, Subcontractors and the Board as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish as described in Article 3.14, the Board may clean up and allocate the cost among those it deems responsible.
4.3.1 If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than fourteen (14) days after first observance of the conditions.
4.3.1.1 The Board will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, an equitable adjustment in the Contract Sum, Contract Time or both shall be made.
4.3.1.2 If the Board determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Board shall so notify the Contractor in writing, stating the reasons.
4.3.1.3 Claims by contractors to contest such determination must be made within fourteen (14) days after the Board has given notice of its decision. If the Board and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the matter shall be subject to further proceedings pursuant to Article 4.7.
4.3.2 No adjustment in the Contract Time or Contract Sum shall be permitted in connection with a concealed or unknown condition which does not differ materially from those conditions disclosed or which reasonably should have been discovered by (1) the Contractor's prior inspections, tests, reviews and preconstruction services for the Project, or (2) inspections, tests, reviews and preconstruction services which were furnished to Contractor by the Board or which Contractor had the opportunity to make or should have made, in connection with the Project, or would have discovered by a reasonable site investigation.
2.3.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven (7) day period after receipt of written notice from the Board to commence and continue correction of such default or neglect with diligence and promptness, the Board may, without prejudice to any other remedies the Board may have, correct such deficiencies and, in the Board's sole discretion, contact the surety, if any, though there shall not be any obligation to do so. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the cost of correcting such deficiencies, including compensation for the Architect's additional services and expenses made necessary by such default, neglect or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Board.
5.3.1 By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Documents, assumes toward the Board and Architect. Each subcontract agreement shall preserve and protect the rights of the Board and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Board. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors.
5.3.1.1 The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors.
1.3.1 The Drawings, Specifications and other documents are instruments through which the Work to be executed by the Contractor is described. The Contractor may retain one (1) contract record set. Neither the Contractor nor any Subcontractor, Sub-subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect. All copies of the Drawings, Specifications and other documents, except the Contractor's record set and any public records, shall be returned or suitably accounted for, on request by the Board or the Architect, upon completion of the work. The Drawings, Specifications and other documents prepared by the Architect which are not public records or owned by the Board, and copies thereof furnished to the Contractor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub-subcontractor or material or equipment supplier on other projects or for additions to this Project outside the scope of the Work without the specific consent of the Board and Architect. The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Architect which are not public records or owned by the Board appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of any copyright or other reserved rights.
8.3.1 Except as otherwise provided in the Contract Documents, if the Contractor is delayed at any time in progress of the Work by an act or neglect of the Board or of a separate contractor employed by the Board, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other cause beyond the Contractor's control, or by delay authorized by the Board pending arbitration, or by other causes which the Board determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Board may determine to the extent such delay will prevent the Contractor from achieving Substantial Completion within the Contract Time and if the performance of the Work is not, was not or would not have been delayed by any other cause for which the Contractor is not entitled to an extension in the Contract Time under the Contract Documents.
8.3.1.1 The Contractor further acknowledges and agrees that adjustments in the Contract Time will be permitted for a delay only to the extent such delay (1) is not caused, or could not have been anticipated, by the Contractor, (2) could not be limited or avoided by the Contractor's timely notice to the Board of the delay and (3) is of a duration of not less than one (1) day. In the event the Architect and Board cannot agree upon a reasonable time, the decision of the Board shall be subject to Article 4.7.
8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Article 4.5.
8.3.3 Notwithstanding anything to the contrary in the Contract Documents, extensions of the Contract Time, to the extent permitted under Article 8.3.1, shall be the sole remedy of the Contractor for any (1) delay in the commencement, prosecution or completion of the Work, (2) hindrance or obstruction in the performance of the Work, (3) loss of productivity, or (4) similar claims, collectively referred to in this Article 8.3.3 as Delays, whether or not such Delays are foreseeable. In no event shall the Contractor be entitled to any compensation or recovery of any damage, in connection with any Delay, including, without limitation, consequential damages, lost opportunity costs, interest or similar claims.
15.3.1 The Board may, at any time, terminate the Contract in whole or in part for the Board's convenience and without cause. The Board's termination under this Article shall be by a notice of termination delivered to the Contractor specifying the extent of termination and the effective date.
15.3.2 Upon receipt of a notice of termination for convenience, the Contractor shall immediately, in accordance with instructions from the Board, proceed with performance of the following duties regardless of delay in determining or adjusting amounts due under this Article:
15.3.2.1 cease operation as specified in the notice;
15.3.2.2 place no further orders and enter into no further subcontracts for materials, labor, services or facilities except as necessary to complete continued portions of the Contract;
15.3.2.3 terminate all subcontracts and orders to the extent they relate to the Work terminated by way of the notice;
15.3.2.4 proceed to complete the performance of the Work not terminated; and
15.3.2.5 take actions that may be necessary, or that the Board may direct, for the protection and preservation of the terminated Work.
15.3.3 Upon such termination, the Contractor shall recover as its sole remedy payment for Work properly performed in connection with the terminated portion of the Work prior to the effective date of termination and for items properly and timely fabricated off the Project site, delivered and stored in accordance with the Board's instructions. The Contractor hereby waives and forfeits all other claims for payment and damages, including, without limitation, anticipated profits.
15.3.4 Notwithstanding any other provision in the Contract Documents, the Board shall be credited for (1) payments previously made to the Contractor for the terminated portion of the Work, (2) claims which the Board has against the Contractor under the Contract and (3) the value of the materials, supplies, equipment or other items that are to be disposed of by the Contractor that are part of the Contract Sum.
--- END OF GENERAL CONDITIONS ---
All bidders are cautioned to read Paragraphs 3.1 and 4.2.7 of the General Conditions hereof, carefully, concerning the contractual responsibility of the Bidder for the conditions of the site.
Each bidder shall visit the site of the proposed Work and fully acquaint himself with conditions as they exist so that it may fully understand the facilities, difficulties, and restrictions attending the execution of the Work under this Contract. Bidders shall also thoroughly examine and be familiar with the plans and specifications. The failure or omission of any bidder to receive or examine any form, instrument or document or to visit the site and acquaint himself with conditions there existing shall in no way relieve any bidder from any obligation with respect to its bid.
The bidder shall make its own investigation to determine all underground structures and utility lines as much of the information on the Plans may have been obtained from records and may be subject to error.
Storm Water Discharge (when applicable): for projects that disturb more than one acre of land area, the contractor will be required to obtain permit coverage from the Ohio Environmental Protection Agency under permit OHC000002. Coverage will require the successful bidder to submit a Notice of Intent (NOI), a site map (8 ½” x 11”), a permit fee (expected fee between $200 and $500) and prepare a storm water pollution prevention plan. Forms for the Notice of Intent form and the instructions are attached for this project.
Based on the scope of this project, a Storm Water Discharge Permit is not applicable, for this project.
The submission of a proposal will be construed as an acknowledgment that the bidder has conducted its own investigation and fully understands the conditions and difficulties of the Work, Plans, Specifications, Contract Documents, and all matters relating to the Project.
Bids are due electronically through the County's OpenGov Procurement portal before 1:30 pm on Wednesday, April 8, 2026, for Montgomery County PP-2026-0020, Parking Structures Repairs. Said bids will be opened by the Purchasing Director as soon thereafter as the opening can begin.
All project documents are available on the County's OpenGov Procurement portal located at:https://www.mcohio.org/Bids.
Pursuant to Section 153.54 et. seq., of the Ohio Revised Code, the bidder shall submit a BID GUARANTY in the form of either:
A non-mandatory pre-bid meeting will be conducted at 1:30 pm on Thursday, March 26, 2026, hosted at 451 W. Third St. 9th Floor Purchasing Dayton, OH 45422. A site tour will follow. Potential bidders are not required to attend this meeting and shall pay particular attention to the following provisions:
ENGINEERS ESTIMATE: $761,000.00
The County Commissioners reserve the right to reject any or all bids and to waive any irregularity of bids, should same be to the advantage of the county.
BY ORDER OF THE BOARD OF COUNTY COMMISSIONERS OF MONTGOMERY COUNTY, OHIO,
Kyle Kolopanis, Purchasing Director
Published in Court Reporter on March 13, 2026 and March 20, 2026
14.3.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Board, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Board timely notice of when and where tests and inspections are to be made so the Board may observe such procedures. The Board shall only bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded.
14.3.2 If the Board or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Article 14.3.1, the Board will instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Board, and the Contractor shall give timely notice to the Board of the time and place tests and inspections are to be made so that the Board may observe such procedures. The Board shall bear such costs except as provided in Article 14.3.3.
14.3.3 If such procedures for testing, inspection or approval under Articles 14.3.1 and 14.3.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, the Contractor shall bear all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses. The Contractor also agrees that the cost of testing services required for the convenience of the Contractor in its scheduling and performance of the Work, and the cost of testing services related to remedial operations performed to correct deficiencies in the Work shall be borne by the Contractor.
14.3.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Board with complete and accurate copies promptly delivered to the Architect.
14.3.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing.
14.3.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work.
14.3.7 All tests shall be in accordance with the methods approved by AASHTO, ASTM, ANSI, or such other applicable organizations as may be required by law, the Contract Documents, or recommended by the Board.
14.3.8 Observations, inspections, tests and approvals by the Board or Architect are for the sole benefit of the Board. Observations, inspections, tests and approvals by the Board, Architect or persons other than the Contractor shall NOT (1) relieve the Contractor from any obligation to perform Work in accordance with the requirements of the Contract Documents; (2) relieve the Contractor from providing adequate quality control measures; (3) relieve the Contractor of responsibility for damage to or loss of material before acceptance; (4) constitute or imply acceptance; or (5) affect the continuing rights of the Board after acceptance of the completed Work.
12.3.1 If the Board prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Board may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. The doctrine of Substantial Conformity shall not apply to work performed under this contract and any acceptance of non-conforming work shall be within the sole discretion of the Board. Such adjustment shall be effected whether or not final payment has been made. If the parties cannot agree as to the amount of such reduction, then the Contractor shall repair or replace the work, under Article 13.3.3.1 hereof.
10.3.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Claims for additional compensation or extension of time claimed by the Contractor on account of an emergency shall be presented to the Board.
9.3.1 The Architect will, within seven (7) days after receipt of the Contractor's Application for Payment, either issue to the Board a recommendation for a Certificate for Payment, with a copy to the Contractor for such amount as the Architect determines is properly due, or notify the Contractor and Board in writing of the Architect's reasons for withholding such recommended certification in whole or in part as provided in Article 9.4.1. Both the recommended and the actual Certificate of Payment will reflect retainage of a percentage of the amount due as required pursuant to Ohio Revised Code Chapter 153. The Board will, within seven (7) days after receipt of the Architect's recommendation for a Certificate for Payment either issue to the Contractor a Certificate for Payment, for such amount as the Board determines is properly due, or notify the Contractor in writing of the Board's reasons for withholding such certification in whole or in part as provided in Article 9.4.1.
9.3.2 The issuance of a recommendation for a Certificate for Payment will constitute a representation by the Architect to the Board, based on the Architect's observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Architect. The issuance of a recommendation for a Certificate for Payment will further constitute a representation that, in the Architect's opinion, the Contractor is entitled to payment in the amount certified. However, the issuance of a recommendation for a Certificate for Payment will not be a representation that the Architect has (1) made continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures beyond its control, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Board to substantiate the Contractor's right to payment or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum.
The presence or absence of any representative does not relieve the Contractor from compliance with any requirement of this Contract. If the Contractor desires waiver of any technical or Contract Requirement or any other deviation from the strict requirements of the Contract, specific request must be made to the authorized contractual representative of the Board for such waiver or deviation. The Contractor has the sole responsibility for compliance with, and documentation of all events related to this Article 13.3.
13.3.1 The Contractor shall promptly furnish, without additional charge, all facilities, labor and material reasonably needed for performing such safe and convenient inspections and tests or Quality Assurance Verification, as may be required by the Board. The Board shall perform any quality verification tests, inspections and tests or Quality Assurance Verification in a manner that will not unnecessarily delay the work. Special tests shall be performed as described in the contracts.
13.3.2 The Contractor shall, without charge, replace or correct work found by the Board not to conform to strict Contract Requirements, unless in the public interest the Board agrees to accept the non- conforming work with an appropriate adjustment in Contract Sum. Acceptance of non-conforming work shall be based on a determination that the deviation from Contract Requirement was inadvertent, not intentional, does not affect the structural integrity of the facility and which under the circumstances, would otherwise constitute economic waste to replace.
13.3.2.1 Under this Contract the Contractor is required to strictly conform to the quality requirements of the Contract. Any request by a Contractor for waiver under this Article 13.3.2 that involves a request for waiver of a quality requirement concerning "Structural Integrity" as to which the Contractor agrees that "Substantial Conformity" has not been reached, shall be made at the sole discretion of the Board, notwithstanding the possibility of substantial monetary loss to the Contractor by reason of its failure to meet Contract Requirements.
13.3.2.2 The determination of these factors shall not be affected, nor shall the Board's rights be prejudiced, by the time at which the problem arises, such as during performance, or the time of final completion.
13.3.2.3 If the Contractor does not promptly replace or correct rejected work as directed by the Board, it may (1) terminate this Contract for cause under the provision of Article 15.2.4; or (2) by Contract or otherwise, replace or correct the work, charge the cost thereof to the contractor or its bonding company, and deduct the charge from the next payment, if any is due the Contractor.
13.3.3 If, before acceptance of the entire work, the Board decides to examine already completed work by removing it, or tearing it out, the Contractor shall promptly furnish all necessary facilities, labor and material for accomplishing this examination.
13.3.3.1 If the work is found to be defective or non-conforming in any material respect due to the fault of the Contractor or its Subcontractor or otherwise fails to meet the requirements set forth in Article 3.2 for waiver of strict compliance with the Contract Requirements, the Contractor shall be responsible for all costs associated with replacement or repair of the defective work, including the costs of removing or tearing the work out and satisfactory reconstruction.
13.3.3.2 However, if the work is found to meet Contract Requirements, the Board shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time, subject to the provisions of the Article hereof, entitled "Supplemental Work."
13.3.4 Unless otherwise specified in the Contract, the Board shall accept, as promptly as practicable after completion and inspection, all work required by the Contract or that portion of the work the Board determines can be accepted separately.
3.3.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, parking, restrooms and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work.
3.3.1.1 Unless otherwise provided for in the Contract Documents, as among the various contractors, water, heat, utilities, restrooms and other necessary or common facilities shall be the responsibility of the Coordinating Contractor. Unless otherwise provided for in the Contract Documents, each separate contractor shall be responsible for all of its own telephone charges including, but not limited to, any installation and line charges, taxes, telephones, long distance and local service.
3.3.1.2 The Board shall not be responsible for any heat, water, utilities or other supplies or facilities required due to any weather condition, or any weather induced delay, no matter how unusual or unexpected the weather condition, unless caused by weather related calamitous events of catastrophic proportions.
3.3.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of persons not skilled in tasks assigned to them.
3.3.3 The Contractor accepts full responsibility for payment of all unemployment compensation, insurance premiums, workers' compensation premiums, income tax deductions, prevailing wages, pension deductions, and any and all other taxes or payroll deductions required for the Contractor and all employees engaged by the Contractor for the performance of the Work. The Contractor shall also ensure that all Subcontractors, Sub-subcontractors, vendors and other material suppliers shall also comply with all such requirements.
3.3.4 The Contractor accepts full responsibility for payment of all benefits as mandated by the Patient Protection and Affordable Care Act (PPACA). The costs of any health insurance benefits required by the PPACA shall be the responsibility of the Contractor and shall not be billed directly to the County. The Contractor shall comply with the requirements of the PPACA and any and all associated costs and/or penalties. It shall be the responsibility of the Contractor to report, track and determine employee hours that are eligible to be offered insurance benefits.
3.3.5 The Contractor accepts full responsibility for compliance with all MBE, WBE and EEO requirements. The Contractor shall also ensure that all Subcontractors, Sub-subcontractors, vendors and other material suppliers also comply with all such requirements.
3.3.6 The Contractor shall only employ labor on the Project or in connection with the Work capable of working harmoniously with all trades, crafts and any other individuals associated with the Project. The Contractor shall also use its best efforts to minimize the likelihood of any strike, work stoppage or other labor disturbance.
3.3.6.1 For any of the Work to be performed by trade unions, the Contractor shall make all necessary arrangements to reconcile, without delay, damage or cost to the Board and without recourse to the Board, any conflict between the Contract Documents and any agreements or regulations of any kind at any time in force among members or councils which regulate or distinguish what activities shall not be included in the work of any particular trade.
3.3.6.2 In case the progress of the Work is affected by any undue delay in furnishing or installing any items or materials or equipment required under the Contract Documents because of such conflict involving any such labor agreement or regulation, the Board may require that other material or equipment of equal kind and quality be provided pursuant to a Change Order.
3.3.6.3 Per the ORC 153.011, if any steel products are to be purchased for or provided in the project, they shall be purchased per the ORC requirements unless excepted from this rule. "Steel products" means products rolled, formed, shaped, drawn, extruded, forged, cast, fabricated or otherwise similarly processed, or processed by a combination of two or more of such operations, and used for load-bearing structural purposes, from steel made in the United States by the open hearth, basic oxygen, electric furnace, bessemer or other steel making process. "United States" means the United States of America and includes all territory, continental or insular, subject to the jurisdiction of the United States.
7.3.1 The Costs to which the Contractor shall be entitled for unanticipated work, as defined in this contract, shall be limited to only the three categories of cost set forth in this Article 7.3.1 as follows:
7.3.1.1 Direct Labor Costs, including standard markups such as fringe benefits, as authorized specifically, by the Contract.
7.3.1.2 Direct Cost of Equipment, not otherwise reimbursed to Contractor by the Board, under other payment provisions.
7.3.1.3 Direct Cost of Material specifically needed for the Work which is generated by and attributable solely to the discovered conditions contemplated hereunder.
7.3.2 No markup for overhead, administrative cost, contingency or profit, shall be paid to the Contractor under this special provision.
7.3.3 In the event that the Bidder desires to recover costs other than those identified herein, it must include those costs in its bid, and spread over all contract items of work.
7.3.3.1 If the Bidder chooses to include any such markup, the fact that such sums are included in the price, must be specifically reported in the bid package, at the time of submission of the bid.
7.3.3.1.1 Such identification shall be made on the bid itself or by a separate properly identified documents included in the bid package. The failure to include a declaration of such information, as required by 7.3.3.1 above, will make the bid non-responsive to this solicitation.
7.3.3.1.2 No post bid explanation of how these recoveries were intended will be permitted.
11.3.1 The Board is self insured and shall not be required to purchase or maintain property insurance in any amount or of any kind. In the Board's sole discretion, such property insurance may be purchased and maintained in any form or amount which the Board determines. The Contractor shall not be responsible for purchasing and maintaining this optional Board's property insurance unless specifically required by the Contract Documents.
11.3.1.1 If the Board intends to purchase such optional property insurance as allowed by these Conditions with all of the coverages in the amount described above, the Board shall so inform the Contractor in the Contract Documents. If the Contract Documents do not provide for the Board obtaining such insurance, the Contractor may then effect insurance which will protect the interests of the Contractor, Subcontractors and Sub-subcontractors in the Work and the cost thereof shall be at the Contractor's sole expense. The Contractor shall have no claim against the Board, its employees, agents, successors, or assigns for any damage stemming from the failure or neglect of the Board to purchase or maintain insurance as described above or from the failure of the Board to notify the Contractor of its intentions relative to such insurance. Such property insurance provided by the Board shall not cover any tools, apparatus, machinery, scaffolding, hoists, forms, staging, shoring and other similar items commonly referred to as construction equipment, which may be on the site and the capital value of which is not included in the Work. The Contractor shall make its own arrangements for any insurance it may require on such construction equipment. Any such policy obtained by the Contractor under this Article 11.3.1 shall include a waiver of subrogation in accordance with the requirements of Article 11.3.7.
11.3.1.2 If the optional property insurance requires minimum deductibles and such deductibles are identified in the Contract Documents, the Contractor shall pay costs not covered because of such deductibles. If the Board or insurer increases the required minimum deductibles above the amounts so identified or if the Board elects to purchase this insurance with voluntary deductible amounts, the Board shall be responsible for payment of the additional costs not covered because of such increased or voluntary deductibles. If deductibles are not identified in the Contract Documents, the Board shall pay costs not covered because of deductibles.
11.3.1.3 Unless otherwise provided in the Contract Documents, this optional property insurance may cover portions of the Work stored off the site after written approval of the Board at the value established in the approval, and also portions of the Work in transit.
11.3.2 Boiler and Machinery Insurance. The Board is self insured and shall not be required to purchase or maintain boiler and machinery insurance in any amount or form except to the extent required by law. Should such insurance be purchased and maintained at the Board's option or pursuant to law, such policy shall specifically cover such insured objects during installation and until final acceptance by the Board; this insurance shall include interests of the Board, Contractor, Subcontractors and Sub-subcontractors in the Work, and the Board and Contractor shall be named insureds to the extent required by law. The Contractor shall not be responsible for purchasing and maintaining this optional Board's boiler and machinery insurance unless specifically required by the Contract Documents.
11.3.3 Loss of Use Insurance. The Board, at the Board's option, may purchase and maintain such insurance as will insure the Board against loss of use of the Board's property due to fire or other hazards, however caused. The Contractor shall not be responsible for purchasing and maintaining this optional Board's loss of use insurance unless specifically required by the Contract Documents.
11.3.4 If the Contractor requests in writing that insurance for risks other than those described herein or for other special hazards be included in the property insurance policy, the Board may, in its sole discretion, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order.
11.3.5 If during the Project construction period the Board insures properties, real or personal or both, adjoining or adjacent to the site by property insurance under policies separate from those insuring the Project which are in addition to any self insurance, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period which are in addition to any self insurance, the Board shall waive all rights in accordance with the terms of Article 11.3.7 for damages caused by fire or other perils covered by this separate property insurance, but only those rights specified according to the terms of Article 11.3.7. All separate policies that are not by way of self insurance by the Board shall provide this waiver of subrogation by endorsement or otherwise.
11.3.6 Before an exposure to loss may occur, the Board shall file with the Contractor a Certificate of Insurance evidencing such insurance coverages optionally obtained by this Article 11.3. Each such policy shall contain all generally applicable conditions, definitions, exclusions and endorsements related to this Project. Each such policy shall contain a provision that the policy will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the Contractor.
11.3.7 Waiver of Subrogation. If permitted by the Board's and the Contractor's insurance companies without penalties, the Board and Contractor waive all rights against (1) each other and any of their Subcontractors, Sub-subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate Contractors described in Article 6, if any, and any of their Subcontractors, Sub-subcontractors, agents and employees, for damages caused by fire or other perils to the extent of actual recovery of any insurance proceeds under any property insurance policy obtained pursuant to this Article 11.3 or other optional property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Board in good faith. The Board or Contractor, as appropriate, shall require of the Architect, Architect's consultants, separate Contractors described in Article 6, if any, and the Subcontractors, Sub-subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The optional policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged.
11.3.8 A loss insured under the Board's property insurance shall be adjusted by the Board in good faith and made payable to the Board in good faith for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Article 11.3.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub-subcontractors in like fashion.
11.3.9 The Board in good faith upon occurrence of an insured loss shall not be required to give bond for proper performance of the Board's duties. The Board shall deposit in a separate account within its general fund proceeds so received, which the Board shall distribute in accordance with such agreement as the parties in interest may reach, or in accordance with a valid order of a court of competent jurisdiction. If after such loss no other special agreement is made, replacement of damaged property shall be covered by appropriate Change Order.
11.3.10 The Board in good faith shall have sole power to adjust and settle a loss with insurers. Any objection to said power by a party in interest shall be presented by letter to the Board within seven (7) days after the occurrence of the loss. The Board may reject such objection in its sole discretion. The Board may make settlement with the insurers or may notify the party filing such objection in writing within ten (10) days after the Board's receipt of the objection of the Board's decision to disregard the objection.
11.3.11 Partial occupancy or use in accordance with Article 9.8 shall not commence until the insurance company or companies providing property insurance, if any, have consented to such partial occupancy or use by endorsement or otherwise. The Board and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies, if any, and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of any such insurance.
4.4.1 If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Article 10.3.
4.4.1.1 If the Contractor believes additional cost is involved for reasons including, but not limited to (1) a written interpretation from the Board (2) an order by the Board to stop the Work where the Contractor was not at fault, (3) a written order for a minor change in the Work issued by the Board (4) failure of payment by the Board, (5) Board's suspension or (6) other reasonable grounds, Claim shall be filed in accordance with the procedure established herein.
14.4.1 During the performance of the Contract, the Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, national origin, ancestry, handicap, age, political belief or place of birth. The Contractor will ensure that applicants are employed and that employees are treated during employment without regard to race, color, religion, sex, sexual orientation, national origin, ancestry, handicap, age, political belief or place of birth. Such action shall include, but shall not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
14.4.2 The Contractor or any person claiming through the Contractor, agrees not to establish or knowingly permit any such practice or practices of discrimination or segregation as referred to in Article 14.4.1 in reference to anything relating to the Agreement, or in reference to any Subcontractors or Sub-subcontractors of the Contractor.
3.4.1 The Contractor warrants to the Board and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, that the Work will be fit for the purpose for which it was intended, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, shall be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by Contractor, improper or insufficient maintenance (except to the extent provided by the Contract Documents), improper operation, or normal wear and tear under normal usage. If required by the Board or Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment used.
3.4.2 The Contractor agrees to assign to the Board at the time of final completion of the Work, any and all manufacturer's warranties relating to materials and labor used in the Work and further agrees to perform the Work in such manner so as to preserve any and all such manufacturer's warranties.
3.4.3 In addition to the other terms herein, the Contractor specifically agrees to and hereby represents that it is aware of the additional warranty provisions found in Article 12.2.
Each bidder shall, upon request of the Director of the Montgomery County, Ohio, Department of Facilities Management, submit electronically or on the forms furnished, a copy of which is included in the Contract Documents, a statement of the bidder's qualifications, its construction experience, full details of work presently under contract, and full details on the last five (5) completed construction contracts, its organization and equipment available for the Work included in this Project; and, when specifically requested by the Director of the Montgomery County Department of Facilities Management, a detailed financial statement.
By submitting a bid and providing information regarding past projects, the bidder is waiving any claims it may have against the owner or any person responding to requests for information. Even in the absence of such a provision, such persons are protected by a qualified privilege.
5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Board provided that (1) assignment is effective only after termination of the Contract by the Board for cause pursuant to Article 15.2 and only for those subcontract agreements which the Board accepts by notifying the Subcontractor in writing; and (2) assignment is subject to prior rights of the surety, if any, obligated under bond relating to the Contract.
5.4.2 If the Work in connection with a subcontract has been suspended for more than thirty (30) days after termination of the Contract by the Board pursuant to Article 15.2 and the Board accepts assignment of such subcontracts, the Subcontractor's compensation shall be equitably adjusted for any increase in direct costs incurred by such Subcontractor as a result of the suspension.
5.4.3 Each subcontract shall provide that there is no privity of contract between the Board and any conditionally assigned Subcontractor and the Board shall only be responsible to the Subcontractor for those obligations of the Contractor that accrue subsequent to the Board's exercise of any rights under this conditional assignment.
7.4.1 The costs to be allowed the Contractor under this special provision shall include costs identified in Article 7.3. above, for disruption, delay and acceleration of the Contract, when, and only when, (1) proper notice of Board caused delay has been given, (2) proper documentation clearly establishes that a Board caused delay of the schedule was encountered, (3) proper documentation discloses that, and the extent to which, the end performance date would have been actually extended, solely as a result of such delay, and that Contractor could not by a new or alternate schedule have avoided the delay, for which an extension of the period of performance was not given.
7.4.2 The Contractor shall be required to establish that these additional costs are necessary to avoid delay or to recapture time, as that time has been agreed to.
8.4.1 While all contractors on the Project to which these General Conditions apply are responsible for the scheduling of the Work required by them, no Contractor shall be authorized to finish the project at a time earlier than stated in the Contract, without the prior agreement thereto by the Board as contemplated. As a condition precedent to the right of the Contractor to finish early, the following shall apply:
8.4.1.1 At the time the Project Schedule is furnished to the Board, the Contractor and all other contractors affected shall unanimously agree to such early finish and report to the Board all actions by the Board which are necessary to accommodate the changes needed in order to accomplish the recommended early finish proposal.
8.4.1.2 The Board is agreeable to the early finish as proposed.
8.4.1.3 The Board can accelerate the performance of its duties and is compensated for any inconvenience or expense incident to or arising out of such proposed early finish.
8.4.2 The contractors each agree that no claim for delay shall be valid against the Board for compensation for any completion which extends completion beyond the early finish date, but which does not continue beyond the stated time for completion as set forth in the Contract.
11.4.1 The Contractor shall furnish a bond to the Board covering faithful performance of the Contract and payment of obligations arising thereunder in the amount equal to one hundred (100) percent of the Contract Sum. Said bond shall be conditioned upon the faithful performance of the Contract. Said bond shall be drafted and executed according to the form mandated by Ohio Revised Code Chapter 153. The surety for said bond shall be a responsible surety company authorized to do business in the State of Ohio. The attorney in fact who executes the required bonds on behalf of the surety shall affix thereto a certified and current copy of his or her power of attorney indicating the monetary limit of such power.
11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made.
11.4.3 The Contractor shall keep the surety informed in writing of the progress of the Work, and, obtain where necessary, in writing, the surety's consent to, or waiver of (1) notice of changes in the Work; (2) request for reduction or release of retention; (3) request for final payment; and (4) any other material required by the surety.
11.4.3.1 The Board shall be notified by the Contractor, in writing, of all written communications with the surety. The Board may, in its sole discretion, inform the surety of the progress of the Work and obtain consents as necessary to protect the Board's rights, interest, privileges and benefits under and pursuant to any bond issued in connection with the Work.
11.4.4 The Board, in its sole discretion, may reduce the bond required by twenty‑five (25) percent of the total amount of the bond after at least fifty (50) percent of the work contracted for has been completed and by fifty (50) percent after at least seventy‑five (75) percent of the work contracted for has been completed provided that all of that (1) the Board determines that the percentage of the work that has been completed at the time of determination has been satisfactorily performed and meets the terms of the Contract, including any provision in regard to the time when the whole or any specified portion of work contemplated in the Contract must be completed; (2) the Board determines that no disputed claim caused by the Contractor exists or remains unresolved; and (3) the successful bid upon which the Contract is based was not more than ten percent below the next lowest bid or not more than ten percent below a cost estimate for the work as published by the Board.
9.4.1 The Architect may decide not to recommend to certify payment and may withhold a recommendation for a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Board, if in the Architect's opinion the representations to the Board required by Article 9.3.2 cannot be made. If the Architect is unable to recommend payment in the amount of the Application, the Architect will notify the Contractor and Board as provided in Article 9.3.l. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a recommendation for a Certificate for Payment for the amount for which the Architect is able to make such representations to the Board. The Architect or Board may also decide not to recommend or certify payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a recommendation for a Certificate for Payment or a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's or Board's opinion to protect the Board from loss because of:
9.4.1.1 defective Work not remedied;
9.4.1.2 third party claims filed or reasonable evidence indicating probable filing of such claims;
9.4.1.3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment;
9.4.1.4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum;
9.4.1.5 damage to the Board or another contractor;
9.4.1.6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay;
9.4.1.7 persistent failure to carry out the Work in accordance with the Contract Documents; or
9.4.1.8 the Work has not progressed to the point indicated in the Application for Payment or the Work is not of the quality required by the Contract Documents.
9.4.2 When the above reasons for withholding a recommendation for a certification of payment or for withholding a Certificate of Payment are removed, a recommendation for a certification of payment and a Certificate of Payment will be made for amounts previously withheld.
More will be added if applicable.
Each Proposal shall be accompanied by a certified check or cashier's check upon a solvent bank or a letter of credit pursuant to Ohio Revised Code Chapter 1305 executed by a surety company authorized to do business in the State of Ohio, for a sum equal to ten percent (10%) of the amount of the bid submitted, or, in the alternate, the bid can be accompanied by a Bid and Performance Bond for a sum equal to one hundred percent (100%) of the amount of the bid submitted, all pursuant to Revised Code Section 153.54, as guarantee that if the bid is accepted, a Contract will be entered into and its performance properly secured. Should any proposal be rejected, such certified check, cashier's check or letter of credit will be returned to the bidder, and should any proposal be accepted, such check or letter of credit will be returned to the bidder upon the proper execution and securing of the Contract and a Bid Bond pursuant to Revised Code Section 153.54.
If the bidder fails to furnish an appropriate bid guaranty with the bid, the bid shall be rejected as non-responsive. Telegraphic notification of execution of a bid bond does not meet the requirements of a bid guaranty accompanying the bid. Use of a form containing additional material language from that required by statute will not be accepted and bidders are urged to use the bond form contained in the bid documents.
If a surety company bond is furnished, each bond must be accompanied by a Power of Attorney of the agent of the company signing it, showing that said agent is authorized to execute bonds in a sum sufficient to cover the amount of the bond in each particular case. The bond must also be accompanied by a certificate signed by the Superintendent of Division of Insurance, State of Ohio, showing that said company is authorized to do business in Ohio.
11.5.1 The Contractor shall take out and maintain during the life of the Contract Workers' Compensation Insurance for its employees and shall furnish a certificate of Workers' Compensation Insurance for its employees before the execution of the Agreement. No Contract between the Board and the Contractor shall exist until a fully executed copy thereof has been served upon to the Board.
Bids are due electronically through the County's OpenGov Procurement portal before 1:30 pm on Wednesday, April 8, 2026, for Montgomery County PP-2026-0020, Parking Structures Repairs. Said bids will be opened by the Purchasing Director as soon thereafter as the opening can begin.
All project documents are available on the County's OpenGov Procurement portal located at:https://www.mcohio.org/Bids.
Pursuant to Section 153.54 et. seq., of the Ohio Revised Code, the bidder shall submit a BID GUARANTY in the form of either:
There will not be a pre-bid meeting. All questions must be submitted via OpenGov.
ENGINEERS ESTIMATE: $761,000.00
The County Commissioners reserve the right to reject any or all bids and to waive any irregularity of bids, should same be to the advantage of the county.
BY ORDER OF THE BOARD OF COUNTY COMMISSIONERS OF MONTGOMERY COUNTY, OHIO,
Kyle Kolopanis, Purchasing Director
Published in Court Reporter on March 13, 2026 and March 20, 2026
9.5.1 After the Architect has issued a recommendation for a Certificate for Payment, the Board shall issue a Certificate for Payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. Such Certificate for Payment shall then be submitted by the Board to the Auditor of Montgomery County, Ohio for payment of funds due thereunder on behalf of the Board directly to the Contractor, unless otherwise requested in writing.
9.5.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Board, out of the amount paid to the Contractor on account of such Subcontractor's portion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in similar manner. Notwithstanding anything in this Article 9.5.2 to the contrary, the Board may elect, in the Board's sole discretion, to make any payment requested by the Contractor on behalf of a Subcontractor of any tier jointly payable to the Contractor and such Subcontractor. The Contractor and such Subcontractor shall be responsible for the allocation and disbursement of funds included as part of any such joint payment. In no event shall any joint payment be construed to create any (1) contract between the Board and any Subcontractor of any tier, (2) obligation from the Board to such Subcontractor, or (3) rights in such Subcontractor against the Board.
9.5.3 The Architect will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Board on account of portions of the Work done by such Subcontractor.
9.5.4 Neither the Board nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor except as may otherwise be required by law.
9.5.5 Payment to material suppliers shall be treated in a manner similar to that provided in Articles 9.5.2, 9.5.3 and 9.5.4.
9.5.6 A Certificate for Payment, a progress payment, a recommendation for a Certificate for Payment or partial or entire use or occupancy of the Project by the Board shall neither constitute acceptance of Work not in accordance with the Contract Documents nor act as a waiver of any claim.
9.5.7 Subject to the provisions of the Contract Documents and the Ohio Revised Code, the amount of each progress payment shall be computed as follows:
9.5.7.1 take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the schedule of values and Wage Determination, less retainage as provided by Ohio Revised Code Sections 153.12, 153.13, 153.14 and 153.63, as may be amended. Pending final determination of cost to the Board of changes in the Work, amounts not in dispute may be included as provided in Article 4.7 even though the Contract Sum has not yet been adjusted by Change Order and Board Resolution;
9.5.7.2 add that portion of the Contract Sum properly and legally allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Board, suitably stored off the site at a location agreed upon in writing), less retainage as provided by Ohio Revised Code Sections 153.12, 153.13, 153.14 and 153.63 as may be amended;
9.5.7.3 subtract the aggregate of previous payments made by the Board; and
9.5.7.4 subtract amounts, if any, for which the Architect or Board has withheld or nullified a Certificate of Payment or a recommendation for same as provided in Article 9.4.
9.5.8 The progress payment amount determined in accordance with Article 9.5.7 shall be further modified under the following circumstances:
9.5.8.1 subtract, upon Substantial completion of the Work, a sum as determined by the Architect and the Board for incomplete Work and unsettled claims; and
9.5.8.2 add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Article 9.9.3.
9.5.9 Progress payments shall have no relationship to the transfer of title in the Work absent an express written agreement to the contrary signed by both the Board and Contractor and specifically addressing the orderly transfer, limitation or discontinuation of all or part of any applicable insurance coverages.
8.5.1 It is the intention of this Article entitled “Schedule Requirements,” to place responsibility for schedule management on the individual or singular Contractor or Multiple Prime Contractors, individually or collectively.
8.5.1.1 This "Schedule Requirements" provision allocates the full and complete responsibility for the accomplishment of the Work identified in this Contract within the specified time permitted elsewhere in the Contract.
8.5.1.2 The Board has only a very limited role in time management. No liability shall attach to the administration of the Contract by the Board unless the Contract explicitly and specifically places a limited duty for completion of the Project on the Board.
8.5.1.2.1 These entities are referred to herein as the "Contractor," which term, in proper context, includes all Contractors, Trade Contractors, Specialty Contractors or any other entity which enters into a contractual arrangement for any work or services in furtherance of the Project to which these General Conditions apply.
8.5.1.2.2 The term "Responsibility" includes the individual or collective liability under the Contract, of all entities that participate in the building of this Project. Each such entity shall have full responsibility for the acts of each of its Subcontractors to the same extent that the Contractor would have responsibility if the Subcontractor were an employee of that Contractor.
8.5.1.2.3 If any Contractor has any doubt, as to the limits or scope of its liability, then that subject must be discussed and clarified to the extent that the bidder deems necessary, at the prebid conference to be held in connection with the Project.
8.5.2 The General Contractor shall, subject to Article 8.5.4 below, have the ultimate responsibility for creating, integrating and managing the Project Schedule agreed to under the authority of the requirements set forth in Article 8.5.12 hereof entitled, "Coordination." All costs required to fulfill this primary schedule responsibility must be included in the bid of the General Contractor.
8.5.2.1 The Articles, entitled "Schedule Requirements," "Notice Requirements," "Daily Reports," "Limitation on Early Completion," "Board Initiated Changes," "Supplemental Work," "Substantial Completion," "Prohibition of Use of Unabsorbed or Extended Overhead Formula Calculation," "Suspension of Work" and any other Article made a part of this Contract shall be read together, in harmony, to accomplish the purposes of the Contract of which they are a part. Each separate contractor shall be required to act in ultimate good faith and provide intense cooperation with each and every one of the participants in the overall Project.
8.5.2.2 Article 8.5.12 entitled “Coordination,” has provided legal remedies by and against each of such Contractors working on the overall Project.
8.5.2.2.1 The Board shall have no responsibility, legal or otherwise, because of the failure of any Contractor to carry out its scheduling duties. By accepting this contract, the Contractor or each of the several Contractors, by whatever name it is called, fully agrees to cooperate in all respects with all of the other Contractors.
8.5.2.2.2 Each entity shall provide all data required in such manner and at such time as to not cause a delay in the Project.
8.5.3 Time shall be of the very essence with regard to each, any, and every commitment by each and every Contractor on this Project.
8.5.4 The performance bond furnished to secure these commitments, shall be applicable to each and every one of the commitments in this scheduling article.
8.5.4.1 The bond so furnished may be enforced by any person or entity damaged because of breach of these commitments by any Contractor on the Project to which these provisions apply.
8.5.4.2 The Board shall not be responsible for the default of any such Contractor and the remedies of any damaged party shall be limited to an action by the damaged Contractor against the defaulting Contractor and/or its bonding company, in addition to any other coverage for the bond.
8.5.5 Except where otherwise stated in the agreement, the Board shall have no responsibility for development, updating, or management of the Project Schedule.
8.5.5.1 In furtherance of this purpose, the Contractor and each of the multiple Contractors shall provide a management procedure that shall identify forthwith any event that will require the Board to act or to refrain from acting.
8.5.5.2 Notice of any such identified event shall forthwith be given to the Board on the form identified in this Contract. The giving of such notice is a CONDITION PRECEDENT to the creation of any duty of the Board to take any action or to refrain from taking any action, then contemplated or in being.
8.5.5.3 Each Contractor, claiming to have been damaged by the negligent or defaulting Contractor, shall likewise be responsible for giving to the Board and such negligent or defaulting Contractor, its own notice, forthwith, upon becoming aware of such injury. The failure to give this supplementary notice shall thereafter preclude any claim by that Contractor for adjustment of any Contract provision or claim predicated on the breach of any obligation by the Board, for any reason, moral, contractual or legal.
8.5.5.4 The provisions of this Article 8.5 shall be equally applicable of each of the Contractors, as defined in this Article, or any other Contractor who is awarded a contract by the Board for the Work on this Project which is subject to these provisions.
8.5.6 The General Contractor shall have primary responsibility for creation, development, coordination, publication updating, and management of the Project Schedule, under the control of an experienced scheduling specialist.
8.5.6.1 The scheduling activity shall include, but not be limited to, an analysis of the Work to be performed and managed by all of the Contractors.
8.5.6.1.1 This analysis shall result in the creation by the General Contractor of a Project Schedule based on the Precedence Diagram Method (PDM) and shall utilize the Critical Path Method (CPM) of scheduling.
8.5.6.1.2 The duties, procedure, and requirement for creation of such schedule are set forth in Article 8.5.12 hereof entitled, “Coordination.”
8.5.6.1.3 Scheduling activity as used in this Article 8.5.6.1 shall include a preliminary schedule as contemplated by Article 8.5.7.1; an “as-planned” or “working” schedule as contemplated by Article 8.5.7.4 hereof and an “as-built” schedule to be submitted at the end of the Project.
8.5.6.2 The General Contractor shall be responsible for the proper monitoring, control of scheduling and for the assurance that all proper data is received, evaluated, integrated into the master schedule and published.
8.5.6.3 No Contractor shall fail to timely furnish the proper data to the General Contractor. Timely and accurate submission is required from each participating Contractor for the proper evaluation, monitoring and control of the master schedule by the General Contractor.
8.5.6.3.1 Should any Contractor be unable to meet this commitment, a proper notice thereof must be given to all affected contractors and to the Board. The Board may for proper cause issue a Default notice, in accordance with Article 15.2 entitled “Termination for Cause,” of these General Conditions.
8.5.7 Notwithstanding any other provision of this Contract to the contrary, no Work shall be performed, no payment shall be made by the Board, and no activity shall be commenced on this Project until the General Contractor, with input from each of the Prime Contractors to whom this provision may be applicable, has furnished to the Board the schedule data required.
8.5.7.1 This Article 8.5.7, to the extent specifically permitted by the Board in writing, shall not apply to the first fifteen (15) days of performance, pending the delivery of a preliminary schedule as contemplated by the Contract.
8.5.7.2 This requirement for timely and accurate submission of data shall continue throughout the project performance period.
8.5.7.2.1 The provisions of this Article 8.5.7 shall be equally applicable to any failure by any entity to timely furnish data for updating or to include in its bid sufficient funds for that purpose. The General Contractor shall furnish, within fifteen (15) calendar days from the Notice to Proceed, a complete time scaled Project Schedule, depicting the activities of all Contractors for the first forty five (45) calendar days of the Project including any milestones identified at that time.
8.5.7.2.2 This fifteen (15) day submission shall include a Work Breakdown Structure for each Contractor’s activities and an integrated management approach or overall plan for management to the Project. All separate Contractors shall furnish a Work Breakdown Structure for its Contract Work.
8.5.7.3 All information required by this Article 8.5.7 shall be furnished to the Board, including electronic format on 3 ½" floppy diskettes or CD-ROM, and hardcopy of all tabular reports and schedules.
8.5.7.4 The "As Planned" or "Working Schedule" for the Project Schedule developed by the Contractor shall be submitted to the Board within forty-five (45) calendar days after the issuance of Notice to Proceed.
8.5.7.4.1 The "As Planned" schedule shall be the official schedule on which all management actions and evaluations shall be based.
8.5.7.4.1.1 The General Contractor shall promptly report to the Board every untimely action by any entity required to submit schedule data. The General Contractor shall provide a copy of this notice by electronic means, to the non-performing Contractor.
8.5.7.4.2 If any failure of any entity to provide information or cooperation, is required to achieve the updating of the critical path, without which, compliance with the General Contractor's duty can not be fulfilled, the General Contractor may provide in such update a reasonable schedule of activities for such delinquent entity and that entity shall be bound contractually to follow the schedule published by the General Contractor. Such defaulting Contractor shall assume the risk of damage to all parties damaged thereby.
8.5.7.4.3 In addition, and not in lieu of the right to terminate for default, the Board may, if any Contractor defaults in the performance of any of these duties, authorize the General Contractor to acquire the services of a scheduling specialist to perform any such duties and charge the cost thereof to the defaulting Contractor.
8.5.7.4.3.1 In the event that the Board is required to acquire any of the replacement scheduling services, the defaulting Contractor shall conform to any revised schedule resulting therefrom with no adjustment of its cost or time.
8.5.7.4.4 All parties to each of the several contracts which require submission of schedule data on the Project are put on notice that failure to furnish this data is a Material Breach of Contract and may be the basis for a Termination for Default under the procedures set forth in these General Conditions.
8.5.7.4.5 If the schedule imposed under Article 8.5.7.4.2 above, results in a need for the defaulting Contractor to recapture any schedule impact, then the cost of recapture of the schedule shall be born by the defaulting Contractor. If the delinquent Contractor fails or refuses to recapture the time lost, it shall be subject to immediate default termination, without prior notice.
8.5.7.4.6 The General Contractor shall cooperate to assure that all activities required to be performed are identified and that dependencies, constraints and delaying interdependencies shall be reviewed with each of the other Contractors in order to prevent impact on the end performance date of the Contract. If any Contractor refuses or fails to cooperate with any entity, each of the Contractors shall be responsible for its own costs to recapture any delay caused by such failure or refusal, subject to liability of the defaulting Contractor set forth elsewhere herein. The Board shall not be responsible for any damages resulting from the default or non-performance by any Contractor.
8.5.8 At the unanimous request of all of the Contractors, by whatever name they are called, who are awarded contracts for the performance of work on this Project, the Board may, at its sole discretion, allow twenty (20) Work Days, after the award and before the issuance of the Notice to Proceed, for those Contractors to perform the administrative duties set forth in Article 4.
8.5.9 The CPM Scheduling Requirements, as a minimum shall consist of the following:
8.5.9.1 The duration, the existence of float, the sequence, and interdependence of each activity required in the execution of the Project.
8.5.9.2 The Project Schedule shall be complete and shall show, not only the activities for actual construction work for each trade category, but shall also identify all activities upon which the Work is dependent.
8.5.9.2.1 The Activities shall include shop drawings, samples and coordination drawings, submittals and approvals, equipment and materials ordering, fabrication and delivery times, delivery of Board furnished items, including availability or occupation of any facility, if any, contract close-out, use and occupancy, punch lists, final completion, final testing and any other such activities that may apply.
8.5.9.3 The scheduling system shall define the calendar, including proposed hours per shift, number of shifts per day as provided by the Contract, days per week as provided by the Contract, holidays and any other constraints. Milestone dates (Construction Phases) shall be identified and incorporated, as provided by the Contract, into the Project Schedule. If feasible, activities shall be identified by reference to the specification.
8.5.9.3.1 The failure to list any activity or to perform any other duty required by or incident to that required by this General Condition shall not be the basis of a claim for adjustment of any provision of this Contract, or of any other type of claim whatsoever.
8.5.9.4 The General Contractor shall provide periodic updates of the Project Schedule, and furnish to the Board and each of the several Contractors copies of such updates, which shall conform to the following requirements :
8.5.9.4.1 Coordinated “Baseline,” “As-Planned” or "Working" Schedule, including input from all interested parties. The General Contractor shall also be responsible for maintaining a contemporaneous “As Built” Schedule, which shall be normally updated as required by this Article.
8.5.9.4.2 Each activity is required to be identified in terms of work days and shall show early and late start dates, early and late finish dates, constraints, dependencies and calculated (allocated) float. No activity shall contain duration of more than twenty (20) workdays.
8.5.9.4.2.1 No activity shall involve more than one Contractor.
8.5.9.4.2.2 Update Format and Content.
8.5.9.4.2.2.1 The Format for each update, which if not otherwise specified, shall be submitted on a monthly basis throughout the duration of the project. Each update shall contain:
8.5.9.4.2.2.1.1 Percent complete.
8.5.9.4.2.2.1.2 Percent scheduled to be completed.
8.5.9.4.2.2.1.3 Activity duration and percent complete/days remaining.
8.5.9.4.2.2.1.4 All activities completed during the reporting period.
8.5.9.4.2.2.1.5 An impact analysis of all known changes to the Work, or if possible, a “what if” analysis of suggested or probable changes to occur in the next reporting period.
8.5.9.4.2.2.1.6 Schedule Variances.
8.5.9.4.2.2.1.7 Listing of contributing causes for any variance listed, and the entity responsible therefor.
8.5.9.4.2.2.1.8 Work around or other cure for any activity that is not on schedule and for which no new path has been established.
8.5.9.4.2.3 Schedule Formats
8.5.9.4.2.3.1 Bar Chart scaled in weeks with different bars for early and late completion dates, which shall include activity float, and predecessor/ successor relationships.
8.5.9.4.2.3.2 Time scaled logic diagram with highlighted critical path activities completed and partially completed showing percent for all activities.
8.5.9.4.3 The frequency of updates shall be established at the Prebid Conference and included in the bid package by addendum thereto.
8.5.10 All Float, by whatever name it is called, shall belong to the Project, to be used as the Project needs determine.
8.5.10.1 Float shall not be considered to be owned, subject to the exclusive use or management only, by any of the interested participants. No claim shall be made against the Board of any kind or for any amount by any party for the loss of float, except as may be otherwise specifically provided for in this Article.
8.5.11 A delay is defined as being an event that causes an increase of the duration for any item on the Critical Path and which thereby causes an increase in the total time for performance of the Project.
8.5.11.1 Concurrent causes of delay, whether caused by any otherwise excusable event, or by any other Contractor as defined herein, shall not be a basis of a claim against the Board.
8.5.11.2 A delay to any activity containing float, the completion time for which is extended so as to place such activity on the Critical Path, shall not be a delay nor shall such event be the basis of a delay claim, unless by reason of the placement of such activity on the Critical Path, the end performance date of the Project is extended. All recognized delays shall be recaptured, if physically possible, so as to not delay the end performance date of this Contract.
8.5.11.2.1 Any cost of such delay and recapture shall be charged to the entity causing such delay.
8.5.11.3 The Board shall have the right to order any Contractor which may have caused such delay, to take such action as may be necessary to recapture any delay caused by activities chargeable to the Contractor.
8.5.11.3.1 To the extent that any delay is chargeable to the Board, the Board shall have the right to “buy back” any such delay time chargeable to the Board, under the Article hereof entitled, "Supplemental Work." Under either situation, these activities to recapture the delay shall include, but not be limited to:
8.5.11.3.1.1 Increase in labor hour or application of additional other resources.
8.5.11.3.1.2 Increase in shifts or hours of work.
8.5.11.3.1.3 Increase in number of days of work.
8.5.11.3.1.4 Rescheduling to achieve maximum concurrent work, utilizing any of the above.
8.5.11.4 In addition to the criteria set forth in these General Conditions, the full and complete performance of the duties required to be performed under this Article, is a CONDITION PRECEDENT to the right of each of the several Contractors on the Project to payment of sums otherwise due to that contractor.
8.5.11.5 All Contractors are cautioned that the reporting requirements specified in or for the Schedule Requirements, are in addition to any such similar requirements set forth in the Article hereof entitled, "Daily Reports," "Quality Control Reports," and "Notices." A separate report concerning any such scheduling matter shall be made.
8.5.12 Coordination
8.5.12.1 The parties to this Contract and the parties to each of the contracts which will be awarded for the accomplishment of the Work which comprises the total Project, by this agreement, commit themselves to good faith negotiation and cooperation to achieve a reasonable and effective Project Schedule. Each party agrees to be bound by and perform the Contract in accordance with any schedule established under this Contract which is created as a result of the procedures set forth herein.
8.5.12.2 Each separate Contractor, by whatever name it is called, and by whatever arrangement it works on this Project, recognizes that the fulfillment of the commitments made under this provision are conditions precedent to any obligation, whatsoever, legal, moral or contractual, of the Board under any of the separate contracts which are the subject of this Article.
8.5.12.3 Under this Article, the General Contractor shall have the primary responsibility to create, develop, coordinate, publish, update and manage a Project Schedule which will be required and needed to demonstrate and accomplish timely performance of all work to be performed on the Project.
8.5.12.4 All other Contractors on this Project shall prepare a Work Breakdown Structure which shall indicate the duration and proposed sequence of the activities which they must perform on the Project and deliver the list of activities to the General Contractor for integration into the Project Schedule.
8.5.12.5 Each Contractor shall thereafter cooperate with the General Contractor and assist in the publication of the Project Schedule, which shall fully conform to the portion of this Article 8.5 entitled "Scheduling Requirements," in which scheduling requirements are set forth.
8.5.12.6 The Project Schedule shall be negotiated in good faith. Each participant who is to perform work thereunder shall be given the opportunity to schedule its own work as conveniently as is consistent with the overall needs of the Project Schedule. However, the overall needs and efficiency of the Project are superior to the rights of any separate contracting entity to have its particular work scheduled at any particular time. No contracting party shall have a vested right to perform its work at the time set forth in its proposed schedule.
8.5.12.7 The various Contractors agree that the type and method by which the schedule shall be prepared shall be consistent with the procedures as stated in the Scheduling Requirements clause, of these General Conditions.
8.5.12.7.1 The Contractors may agree to another method or form of CPM scheduling, as long as industry standard network analysis logic and presentation are employed.
8.5.12.7.2 Any deviation from Contract specified standards or methods shall require the Board's consent.
8.5.12.8 The General Contractor shall forthwith deliver the proposed Project Schedule to each of the separate Contractors, the Board, and others who must perform work on the Project.
8.5.12.8.1 The General Contractor shall not, however, be required to furnish schedules to Subcontractors, material men or suppliers of the independent Contractors. Each party upon receipt of the proposed schedule from the General Contractor, shall within three (3) working days acknowledge its agreement therewith or shall identify in writing, that party’s exceptions thereto.
8.5.12.9 Each separate Contractor is cautioned that it must possess a degree of skill, knowledge of CPM techniques and experience in dealing with complex scheduling requirements.
8.5.12.9.1 The failure to perform the duties required of each separate Contractor because of lack of skill, knowledge or experience could have a negative impact on the entire Project.
8.5.12.9.2 Each Contractor understands that each selected Contractor shall be required to certify that it has the capability to perform the type of scheduling services discussed herein, as a condition of award of any contract, or can and will obtain such capability, as a part of its contract obligation.
8.5.12.9.3 Failure to honor this certification may result in denial of award or immediate Default Termination for Cause, as stated in 15.2, if the award has been made.
8.5.12.10 If any contracting party takes exception to any part of the Planning Schedule, as published by the General Contractor it must notify the General Contractor within twenty-four (24) hours of the receipt of the proposed planning schedule.
8.5.12.11 If the exceptions taken by a separate Prime Contractor can not be resolved with the General Contractor informally, the disputing parties shall meet within forty-eight (48) hours to resolve any and all disagreements.
8.5.12.12 If agreement is not reached after an additional forty-eight (48) hours, the matter shall be presented to the designated representative of the Board who shall decide the matter within twenty four (24) hours and forthwith notify the parties of its decision.
8.5.12.12.1 The decision of the Board shall be conclusively presumed to be in the best interest of the Project to which the parties have committed themselves, without liability of any kind being assumed by the Board as long as the decision is made in good faith, and no time extensions shall be granted because of the need to resolve schedule disagreements.
8.5.12.13 The published Project Schedule of the General Contractor shall become the Contract Schedule. In the event that exceptions are taken, unless the parties resolve differences and settle the matter, the decision of the Board’s representative shall become the “Contract Schedule.”
8.5.12.13.1 This "Contract Schedule" shall be the schedule which shall govern the performance of work on the Project. The schedule shall be updated and managed in accordance with the procedures set forth in the Scheduling Requirements included in these General Conditions.
8.5.12.14 It is a basic assumption of this provision on coordination of the work, that each of the Contractors on this project has committed itself to good faith performance of the scheduling function.
8.5.12.14.1 Each such Contractor shall have the reasonable expectation of receiving good faith fulfillment of the obligations of all of the other parties who are engaged in the scheduling process.
8.5.12.15 No cause of action shall lie against the Board for any reason, except bad faith, arising out of the scheduling procedures herein stated, by any Contractor or other entity, who may be required to perform work or furnish goods or services on the Project, which goods or services must be integrated into the schedule contemplated herein.
8.5.12.16 No action shall lie against the General Contractor by any such trade or other Contractor for any reason, arising out of the scheduling process, except upon the basis of concealment, fraud or bad faith.
8.5.12.16.1 In addition, there shall be a presumption, if the Board concurs in the decision by the General Contractor, that any decision made under the provisions of this Article was made in good faith.
8.5.12.17 A Contractor may have a cause of action against the General Contractor, under 8.5.12.16 above, provided it gives notice to the Board and General Contractor that (1) the schedule prepared by the General Contractor was not made in good faith; or (2) there is an attempt to conceal material facts from the Board or the other contractors; or (3) there is an attempt to commit fraud.
8.5.12.18 Then a right shall exist to such Contractor, to pursue a claim against any person or entity who shall act in bad faith, or knowingly conceal material facts or attempt to commit fraud.
8.5.12.19 Failure of the complaining Contractor, upon request, to immediately present evidence to the Board to support the position made at the time of its complaint, shall be a cause for forfeiture of any claim which might otherwise arise out of such occurrence.
8.5.12.20 All Contractors shall be independently responsible for resolving any time-related matters with its own Subcontractors, suppliers or others who may furnish supplies or services on the Project. No Contractor shall be responsible for the default of a Subcontractor or supplier of any other contractor working on the Project.
8.5.12.21 In the event it becomes necessary to construe or interpret this scheduling Article, the construction or interpretation shall strive to achieve an interpretation that gives superiority to the needs of the Project.
8.5.12.21.1 A commitment has been made by every party to this Contract that the needs of the Project, in the execution of the Project are superior to their individual rights.
8.5.12.21.2 The commitment, set forth in this article at 8.5.12.6 hereof, is designed to accomplish timely, effective and efficient performance of the work under the contract, at the price established and controlled by the bidder in its bid, at no extra cost or inconvenience or minimum inconvenience, to any of the contracting parties, if at all possible.
4.5.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay only one (1) Claim is necessary.
4.5.2 Neither increases in the Contract Time nor increases in Contract Sum will be granted for delays caused by unfavorable weather, weather significantly deviating from historical averages, unsuitable or unknown ground or soil conditions, acts of god, strikes, inadequate construction forces, or the failure of the Contractor to place orders for equipment or materials sufficiently in advance to insure delivery when needed. Claims for additional time may be made due to calamitous events of catastrophic proportions, including weather related calamitous events of catastrophic proportions.
7.5.1 The following provision, “Accord and Satisfaction,” shall be incorporated by reference into any negotiated settlement, reflected by a bilateral amendment to the contract, to the same effect as if physically incorporated therein:
ACCORD AND SATISFACTION
The parties hereby agree that the compensation to the Contractor effected hereby, constitutes full settlement of the claims of the Contractor under this Contract arising out of, under or incident to the changes effected hereby, including ripple and impact claims.
14.5.1 The Contractor hereby covenants that it has complied with the Board's disclosure policy adopted pursuant to Resolution No. 83-112, dated January 18, 1983, which requires anyone contracting with the Board to disclose to the Board any business relationship or financial interest that it has with a Montgomery County, Ohio employee or employee's business, or any business relationship or financial interest that a Montgomery County, Ohio employee has with the contracting party or in the contracting party's business. The Contractor hereby agrees to and acknowledges a continuing obligation to so disclose said information to the Board.
3.5.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions thereof provided by the Contractor which are legally enacted in force when the bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect.
4.6.1 If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding twenty-one (21) days after first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. If a Claim for additional cost or time related to this Claim is to be asserted, it shall be filed as provided in Articles 4.4.1 or 4.5.1.
The electronic bid submittal process provides for acknowledgment individually of all official, written addenda to the drawings and/or specifications on the bid. All addenda shall be acknowledged on the bid prior to reading or acceptance of bid.
Every effort will be made by the Board to ensure that contractors receive all official, written addenda when issued. Addenda notification by email will be provided to all "followers" of this project on the County's OpenGov Procurement portal. It is unusual for there to be no addenda issued. To protect its interests all bidders are cautioned to check the County's OpenGov Procurement portal to assure that all addenda have been received and that the cost consequence thereof has been included in the bid submitted.
7.6.1 It is recognized by all parties to the Contracts which govern the building of this Project, the performance of the duties of the Board may require or cause the interruption or suspension of the work of a Contractor or some or all of the contractors, working on this Project for other than the reasonable time allowed under the Article 4.9 hereof entitled “Suspension of Work.”
7.6.2 In the event that it is determined that the Work is, in fact, interrupted, delayed or suspended for an unreasonable period of time, then the Board agrees that the Contractor will normally incur costs which the Board agrees are not within the contemplation of the parties at the time of the award of this Contract.
7.6.3 It is agreed, that if at all possible, these non-included costs shall be established by good faith negotiation between the parties, before the delaying action takes place, and the Contract shall be adjusted, in accordance with the Article 7.2 entitled "Provision Relating to Supplemental Work."
7.6.4 In the event that the parties cannot agree to the adjustment to compensate the Contractor as contemplated by Article 7.6.3, or the event causing the interruption or suspension of work, occurs suddenly without notice or control of the Board, the parties shall establish the sum to be paid the Contractor because of the interruption or suspension of work for which the Board is responsible under this Contract, in accordance with this Article.
7.6.5 It is expressly agreed, however, that the so-called “Eichleay” method of computing costs for extended or unabsorbed overhead shall not be used as the basis for any such adjustment or as evidence of the value of such adjustment. Additionally, time extension based on Change Orders, for which an overhead allowance would otherwise be proper or made, shall not include any allowance for “Eichleay” type extended overhead claims.
13.5.1 General. The Contractor shall establish and maintain an effective quality control system in compliance with the Inspection and Quality Control Provisions hereof. The quality control system shall consist of plans, procedures and organization necessary to provide materials, equipment, workmanship, fabrication, construction and operations which comply strictly with contract requirements. The system shall cover construction operations both onsite and offsite, and shall be keyed to the proposed construction sequence set forth or to be set forth in the Time Management System (CPM) established by the Contract.
13.5.2 Coordination Meeting. Before start of construction the Contractor shall meet with the Board or its authorized representative and discuss the Contractor’s quality control system.
13.5.2.1 During the meeting, a mutual understanding of the system details shall be developed for conformance with the technical test conformance details of the specifications, including the forms for recording the Contractor Quality Control operations, control activities, testing, administration of the system for both onsite and offsite work, and the interrelationship of Contractor’s management and control with the Board’s Quality Assurance Verification Program. Minutes of the meeting shall be prepared and signed by both the Contractor and the Board. The minutes shall become a part of the contract file. There may also be occasions when subsequent conferences will be called to reconfirm mutual understandings.
13.5.3 No action, agreement or inference concerning any action taken at this meeting shall be deemed to constitute a waiver of any specifically stated test or other quality requirement set forth in this Contract, unless specific request therefor has been properly made to the Board's contractual representative and received in return, an approval of such request.
3.6.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses, review fees, and inspections necessary for proper execution and completion of the Work.
3.6.1.1 All connection charges, assessments or inspection fees as may be imposed by any governmental agency or utility company are included in the Contract Sum and shall be the Contractor's responsibility.
3.6.1.2 As among separate contractors, if any, unless otherwise provided in the Contract Documents, the Coordinating Contractor shall secure and pay for all general permits substantially covering Work involving more than one (1) separate contractor, regardless of whether the Coordinating Contractor's Work is subject to that permit. The Contract Sum for the Coordinating Contractor shall be adjusted to reflect the difference between the actual cost of such general permits involving other contractors and the cost of such general permits based upon the published Project estimates for other contractors.
3.6.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations, lawful orders and all other requirements of public authorities bearing on performance of the Work. The Contractor shall also obtain and pay all charges and costs, including repair costs, stemming from approvals and implementation of street, alley and sidewalk closings, temporary construction easements, parking meter removal and replacement, street sign removal and replacement, street lighting removal and replacement, temporary fences and barricades, and all other similar matters as may be necessary or appropriate from time to time for the performance of the Work.
3.6.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations. However, if the Contractor knows or should know that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Architect and Board in writing, and necessary changes shall be accomplished by appropriate modification unless such laws, statutes, ordinances, building codes, and rules and regulations bear upon the performance of the Work.
3.6.4 If the Contractor performs Work it knows or should know is contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Architect and Board, the Contractor shall assume full responsibility for such Work and shall bear all attributable costs including, but not limited to, attorney fees. The Contractor shall notify the Board and the Architect, in writing, immediately upon discovery of any violation of the Building Code in the Contract Documents and only such notification will relieve the Contractor of responsibility under this Article 3.6.4 for violations inherent in the Contract Documents.
3.6.5 Storm Water Discharge (when applicable): for projects that disturb more than one acre of land area, the contractor will be required to obtain permit coverage from the Ohio Environmental Protection Agency under permit OHC000002. Coverage will require the successful bidder to submit a Notice of Intent (NOI), a site map (8 ½” x 11”), a permit fee (expected fee between $200 and $500) and prepare a storm water pollution prevention plan.
11.6.1 All insurance coverage procured by the Contractor shall be provided by insurance companies licensed to do business in Ohio having policyholder ratings no lower than "A" and financial ratings not lower than "XII" in the Best's Insurance Guide, latest edition in effect as of the date of the Contract, and subsequently in effect at the time of renewal of any policies required by the Contract Documents.
11.6.2 If the Board is damaged by the failure of the Contractor to purchase or maintain insurance as required under Article 11, then the Contractor shall bear all reasonable costs (including, without limitation, attorney fees and court and settlement expenses) properly attributable thereto in addition to any other relief due the Board.
9.6.1 If the Board does not issue a Certificate for Payment, through no fault of the Contractor, within forty-five (45) days after receipt of the Contractor's Application for Payment, or if the Board does not pay the Contractor within forty-five (45) days after the date established in the Contract Documents the amount recommended to be certified by the Architect and actually certified by the Board, then the Contractor may, upon twenty-one (21) additional days' written notice to the Board and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum may be increased by the amount of the Contractor's reasonable costs of shut-down, delay and start-up, which shall be accomplished as provided in Article 7.
9.6.2 If the Board is entitled to reimbursement or payment from the Contractor under or pursuant to the Contract Documents, such payment shall be made promptly upon demand by the Board. Notwithstanding anything contained in the Contract Documents to the contrary, if the Contractor fails to promptly make any payment due the Board, or the Board incurs any costs and expenses to cure any default of the Contractor or to correct defective Work, the Board shall have an absolute right to offset such amount against the Contract Sum and may, in the Board's sole discretion, elect either to (1) deduct an amount equal to that which the Board is entitled from any payment then or thereafter due the Contractor from the Board, or (2) issue a written notice to the Contractor reducing the Contract Sum by an amount equal to that which the Board is entitled to which notice the Contractor hereby agrees to be bound.
4.7.1 Except as otherwise provided in this Contract, any claim or dispute arising under this Contract which is not disposed of by agreement between the Contractor and the Project Manager shall, upon the request of the Contractor, be decided by the Designee of the Assistant Administrator for Facilities Management, Montgomery County, Ohio, who shall reduce his decision to writing and mail or otherwise furnish a copy thereof, to the Contractor.
4.7.2 The Designee reserves the right to make written request to the Contractor at any time for any additional information needed to make his decision.
4.7.2.1 The decision of the Designee shall be final and conclusive unless an appeal is filed by the Contractor within thirty (30) days from the date of approval of the decision by the Assistant Administrator for Facilities Management, and receipt thereof by the Contractor, notification of which shall be by certified mail, return receipt requested.
4.7.2.2 The Contractor may appeal the decision by mail, certified with return receipt requested or otherwise furnish a written appeal to the Board of County Commissioners of Montgomery County, Ohio within the thirty (30) days allowed, the receipt of which is properly established, in writing, at the time thereof. Delivery of the timely notice is a condition precedent to liability of the Board.
4.7.2.2.1 The Contractor shall identify the exceptions taken to the decision, including specific provisions of the contract relied upon. General assertions that the decision is contrary to law or fact do not constitute an appeal under this provision.
4.7.2.3 The decision of the Board of County Commissioners of Montgomery County, Ohio, shall be rendered within 120 days of the Notice of Appeal. The decision shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence.
4.7.2.4 This Disputes article does not preclude consideration of questions of law in connection with decisions reached under this Article. Nothing in this Contract, however, shall be construed as making final the decisions of Board's designated representatives on a question of law.
9.7.1 Substantial Completion is the stage in the progress of the Work when (a) the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Board can occupy and utilize the Work for its intended purpose and (b) the Board has received all final certificates of occupancy and other final permits, approvals, licenses and other documents or authorizations from any governmental authority necessary or appropriate for final occupancy and use of the Project.
9.7.2 When the Contractor considers that the Work, or a portion thereof which the Board agrees in writing to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect and the Board a comprehensive list of items to be completed or corrected. The Contractor shall proceed promptly to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Upon receipt of the Contractor's list, the Architect and the Board will jointly make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect and Board's inspection discloses any item, whether or not included on the Contractor's list, which is not in accordance with the requirements of the Contract Documents, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect or Board. The Contractor shall then submit a request for another joint inspection by the Architect and the Board to determine Substantial Completion. When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall establish responsibilities of the Board and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, within the bounds of the Contract Documents, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the Board and Contractor for their written acceptance of responsibilities assigned to them in such Certificate.
9.7.3 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and recommendation for certification by the Architect, the Board shall certify and make payment, reflecting adjustment in retainage, if any, for such Work or portion thereof as provided in the Contract Documents. Payment of any retainage shall be made in accordance with law.
All bids, including any amendment or withdrawal, must be received prior to 1:30 pm on Wednesday, April 8, 2026. Any bid, amendment or withdrawal, which has not been completed prior to the noted due date and time, will not be considered. Conditional or qualified bids will be considered non-responsive.
3.7.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Board may direct.
3.7.2 Unless otherwise provided in the Contract Documents (1) allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; (2) Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum and not in the allowances; and (3) whenever costs are less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect the difference between actual costs and the allowances under Clause 1 of this Article, and changes in Contractor's costs under Clause 2 of this Article.
13.6.1 General. The Contractor shall furnish for acceptance by the Board, not later than ten (10) days after receipt of Notice to Proceed, the Contractor Quality Control Plan with which it proposes to implement the Contract Quality Control Provisions hereof. The plan shall identify personnel, procedures, instructions, records, and forms to be used. If the contractor fails to submit an acceptable Quality Control Plan with the time herein prescribed, construction shall not start until such plan is furnished. Delay encountered by any such failure shall be considered to be Contractor Caused Delay for the purposes of the Contract.
13.6.2 The Quality Control Plan. This plan shall include as a minimum when submitted the following:
13.6.2.1 A description of the quality control organization, including a chart showing lines of authority and acknowledgement that the Contractor Quality Control (CQC) staff shall implement the three phase control system for all aspects of the Work specified and shall report directly to the Contractor’s Quality Control manager.
13.6.2.2 The name, qualifications, duties, responsibilities and authorities of each person assigned a Quality Control function.
13.6.2.3 A copy of the Delegation of Authority to the Quality Control Manager signed by an authorized official of the Contractor, which describes the responsibilities and delegating authority to the Quality Control Manager.
13.6.2.4 Procedures for scheduling and managing submittals, including those of Subcontractors, offsite fabricators, suppliers and other agents of the Contractor.
13.6.2.5 Control testing procedures for each specific test.
13.6.2.6 Reporting procedures including proposed reporting formats.
13.6.2.7 A list of the definable features of work. A "definable feature of work" is an activity which is separate and distinct from other tasks or activities and which has separate and distinct control requirements. These features may be coincident with, but not necessarily the same as, the activities identified on the CPM as planned schedule.
13.6.3 Acceptance of Plan. Acceptance of the Contractor’s plan is required prior to the start of construction. Acceptance is conditional and will be predicated on satisfactory performance during the construction. The Board reserves the right to require the contractor to make changes in the Contract or Quality Control plan and operations as necessary to obtain the quality specified.
13.6.4 Notification of Changes. After acceptance of the Quality Control plan, the contractor shall notify the Board in writing of any proposed change. Proposed changes are subject to acceptance by the Board. The Contractor shall not implement changes until receipt of acceptance by the Board.
3.8.1 The Contractor shall employ a competent Superintendent, with the Contractor's authority to act in his behalf, and necessary assistants who shall be in attendance at the Project site during performance of the Work. The Superintendent shall be satisfactory to the Board. The Superintendent shall represent the Contractor, and communications given to the Superintendent shall be as binding as if given to the Contractor. Communications shall be confirmed in writing by the Contractor upon written request. The Board shall be advised in writing of the Superintendent's name, local address, telephone numbers, pager access if any, and limits of authority. This written advice is to be kept current during the duration of the Contract Time.
13.7.1 Contract Quality Control System Manager. The Contractor shall identify an individual, within his organization, at the site of the work, who shall be responsible for overall management of Contract Quality Control and have the authority to act in all Contract Quality Control matters for the contractor. This Contract Quality Control System Manager shall be acceptable to the Board, which acceptance shall be in accordance with criteria set forth in the Contract.
13.7.2 Personnel. A staff shall be maintained under the direction of the Quality System Manager and perform all Quality Control activities. The actual strength of the staff during any specific work period may vary to cover work phase needs, shifts, and rates of placement. The personnel of this staff shall be fully qualified by experience and technical training to perform their responsibilities and shall be directly hired by and work for the Contractor.
13.7.3 This staff shall consist of, at the minimum, one full time person who will be at the work site, at all times, during which construction is in progress, and whose primary responsibility shall be quality control compliance with the contract plans and specifications. Suitable adaptation of 13.7.2 shall be made in the Contractor's Quality Control Plan for multiple shift operation.
13.7.4 If only one person is employed, this person shall be designated the Quality Control Manager. This person shall have at least a high school education with a minimum of five years of experience in construction and/or inspection of the type of work required by this contract. Other qualifications, i.e., degrees, general supervision, and experience will be considered. The staff shall also include additional quality control personnel as required by the Technical Specifications and as otherwise necessary in order to fully implement the contract quality control system as specified. These additional personnel shall function primarily in the capacity of quality control technicians and will report to the Contract Quality Control System Manager, who, in turn, will report directly to a level no lower than the Contractor’s top field management. The requirement of this Article may, with the Board's consent, upon application of the contractor, be adapted to the specific lesser requirements of a particular project.
13.7.5 Submittals. Submittals shall conform to the procedures set forth in the provisions of Article 13.14 hereof entitled, "Submittals." The Quality Control organization shall be responsible for certifying that all submittals are in compliance with the contract requirements.
The official clock to determine whether bids are submitted before the time at which all bids are due shall be the clock located on the County's OpenGov Procurement portal where the bids are submitted. All times shown in the timeline are local time for the County.
| Bid Post Date: | March 13, 2026 |
| Pre-Bid Meeting (Mandatory): | March 26, 2026, 1:30pm 451 W. Third St. 9th Floor Purchasing Dayton, OH 45422 |
| Bidder Questions Deadline: | April 1, 2026, 12:00pm |
| Question Response Deadline: | April 3, 2026, 12:00pm |
| Bid Submission Deadline: | April 8, 2026, 1:30pm |
| Substantial Completion Date: | September 30, 2026 |
9.8.1 The Board may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Article 11 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Board and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect and Board as provided under Article 9.7.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Board and Contractor or, if no agreement is reached, by decision of the Architect, subject to Board approval.
9.8.2 Immediately prior to such partial occupancy or use, the Board, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work.
9.8.3 Unless otherwise agreed upon in writing, partial occupancy or use of a portion or portions of the Work shall neither constitute acceptance of Work not complying with the requirements of the Contract Documents nor act as a waiver of any claim by any party.
4.8.1 At all times during the time that a dispute is pending and in the process of being resolved or decided, the Contractor shall proceed diligently with the work so as to achieve, if at all possible, performance of the Work within the contract allotted time.
3.9.1 The Contractor, within ten (10) days after being awarded the Contract, shall prepare and submit for the Board's information a Contractor's construction schedule for the Work.
3.9.1.1 The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals, not less than one month, as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work.
3.9.1.2 Unless elsewhere stated herein, the schedule shall be a simple annotated bar-chart type progress schedule indicating a time bar for each significant category or unit of the work to be performed at the site. The schedule shall be arranged to indicate required sequencing of units of the Work and to show time allowances for submittals, inspections and similar time margins. No sequenced activity shall exceed twenty (20) days. Each activity shall be annotated to identify other activities which may be restrained by or dependent on such activity. Other Multi-Prime Contractors shall be contacted to concur in the preparation of the schedule.
3.9.2 The Contractor shall prepare and keep current, for the Board's approval, a schedule of submittals which is coordinated with the Contractor's construction schedule and allows the Board reasonable time to review critical submittals, the delay to which may delay the end performance date, and shall be noted.
3.9.3 The Contractor shall conform to the most recent schedules. If the periodic review by the Contractor disclosed that the end performance date is in jeopardy, notice of such fact shall be given immediately to the board.
3.9.4 The Contractor shall complete the Daily Report Form, in the format set forth in Attachment 1 to this Contract.
3.9.4.1 Each provision on said report shall be annotated in such a manner as to report all activity at the site under each heading of the report or indicate that no activity of that type occurred on that report date. Response shall be made to each item contained on the report form.
3.9.4.2 Such daily reports shall be submitted to the Board for each day that work is performed on the Project, without regard to the fact that such day was not a normal work day, at the location the Board designates, by the beginning of the next business day following the day which the report describes.
3.9.5 The Contractor's on-site Superintendent shall be personally responsible for assuring that each such daily report is accurate and complete and reports all relevant data (including data from Subcontractors, Sub-Subcontractors, vendors and material suppliers) which affects the time of performance of the Project or the cost of the Project, and the signature of the Contractor's on-site superintendent on each daily report shall constitute a warranty to the Board on behalf of and with the authority of the Contractor that all such data is current, accurate and complete as of the date of that report.
9.9.1 Upon completion of all Work required to be performed, Contractor may serve written notice that the Work is ready for final inspection and acceptance and upon receipt of such notice and upon receipt of a final Application for Payment, the Architect and the Board will promptly make such inspection and, when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final recommendation for a Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's observations and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in said recommendation for said final Certificate is due and payable. The Architect's final recommendation for a Certificate for Payment will constitute a further representation that, in the Architect's opinion, conditions listed in Article 9.9.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. Upon receipt of the Architect's recommendation for a final Certificate for Payment and when the Board finds the Work acceptable under the Contract Documents and the Contract fully performed, the Board will promptly issue a final Certificate for Payment stating that to the best of the Board's knowledge, information and belief, and on the basis of the Architect's and Board's recommendations, observations and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in said final Certificate is due and payable.
9.9.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Board with copies to the Architect, (1) an original, notarized affidavit certifying that all Work required to be performed under this Contract has been fully completed in accordance with the Contract Documents and that all liens, claims, payrolls, bills for labor and materials and equipment, and other indebtedness connected with the Work for which the Board or the Board's property might be responsible or encumbered (less amounts withheld by Board) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least thirty (30) days' prior written notice has been given to the Board, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment, (5) if required by the Board, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Board, and (6) all Work and corrections are made to the satisfaction of the Board. Additionally, final payment shall not be due and payable until the following submittals are made to the Board: (1) delivery of extra materials as outlined in the Specifications; (2) all operating and maintenance manuals, training schedules and demonstrations; (3) all test reports; (4) all equipment and materials guaranties and warranties; (5) the final inspection certificate; (6) all as-built drawings; (7) a payment of prevailing wage affidavit; (8) release of all liens; and (9) a one (1) year written project guarantee for workmanship, equipment and materials. If a Subcontractor or Sub-subcontractor refuses to furnish a release or waiver required by the Board, the Contractor may furnish a bond satisfactory to the Board to indemnify the Board against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Board all money that the Board may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees.
9.9.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Board shall, upon application by the Contractor and recommendation for certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted to the extent deemed warranted in the Board's discretion. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Board with copies to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment and it shall not constitute a waiver of claims. The making of final payment also shall only constitute a waiver of claims by the Board to the extent provided in Article 7.5.
9.9.4 Acceptance of final payment by the Contractor, a Subcontractor, Sub-subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment.
9.9.5 Waiver of Claims: Final Payment. The making and acceptance of the Final Payment shall constitute (1) a waiver of all claims by the Board against the Contractor other than those arising from unsettled liens, from faulty or defective Work, or from failure to comply with the requirements of the Contract Documents or the terms of any special guarantees therein; and (2) a waiver of all claims by the Contractor against the Board other than those previously made in writing and still unsettled.
13.8.1 Contractor Quality Control is the means by which the Contractor assures itself that its construction complies with the requirements of the contract plans and specifications. These quality controls shall include the submission of a Daily Quality Control Report, and shall report daily quality activities and results.
13.8.1.1 The controls shall be adequate to cover all construction operations, including both onsite and offsite fabrication, and will be keyed to the proposed construction sequence. The controls shall include at least three phases of control as set forth herein for all definable features of work as follows:
13.8.2 Preparatory Phase. This phase shall occur prior to beginning any work on any definable feature of work. It shall include a review of contract requirements; a check to assure that all materials and/or equipment have been tested, submitted and approved. A check shall be made to assure that required control testing and examination of the work area to ascertain that all preliminary work has been completed. A physical examination of materials, equipment and sample work to assure that they conform to approved shop drawings or submittal data and that all materials and/or equipment are on hand, shall be performed.
13.8.2.1 The Board shall be notified at least twenty-four (24) hours in advance of beginning any action in the preparatory phase.
13.8.2.1.1 The results of the preparatory phase actions shall be documented by separate minutes prepared by the quality control representative and attached to the Daily Quality Control Report.
13.8.2.1.2 Subsequent to the preparatory phase and prior to commencement of work, the contractor shall instruct assigned workers as to the acceptable level of workmanship required in its Quality Control Plan in order to meet Contract specifications.
13.8.3 Initial Phase. This phase must be accomplished at the beginning of a definable feature of work. This phase shall include a check of preliminary work, verify full compliance, establish level of workmanship, resolve all differences, and check safety to include compliance with hazard analysis.
13.8.3.1 The Board shall be notified at least twenty-four (24) hours in advance of beginning the initial phase. Separate minutes of this phase shall be prepared by the quality control representative and attached to the daily Quality Control Report.
13.8.3.2 The initial phase should be repeated for each new crew to work on site, or shall be repeated, if acceptable standards of workmanship are not being met.
13.8.4 Follow-Up Phase. Daily checks shall be performed to assure continuing compliance with contract requirements, including control testing, until completion of the particular feature of work. The checks shall be made a matter of record in the quality control documentation. Final follow-up checks shall be conducted and all deficiencies corrected prior to the start of additional features of work.
4.9.1 The Board may order the Contractor, in writing, to suspend, delay or interrupt all or any part of the Work of this Contractor for the period of time that the Board determines appropriate for the convenience of the Board.
4.9.2 If the performance of all or any part of the Work is, for an unreasonable period of time, suspended, delayed or interrupted by an act of the Board in the administration of this Contract or by the Board’s failure to act within the time specified in this Contract (or within a reasonable time, if not specified), then the Contractor shall be entitled to an adjustment in accordance with the clause of the Contract entitled "Payment for Costs Incurred for Supplemental Work." Only the increase in the cost of performance necessarily caused by the unreasonable suspension, delay or interruption shall be included in this adjustment provided, however, that no adjustment shall be made under this Article 4.9.2 for concurrent delays, not the fault of the Board, or for any suspension, delay or interruption resulting from any cause, including the fault or negligence of the Contractor or any Subcontractors or for which an equitable adjustment is provided or excluded by any other term or condition of this Contract.
4.9.3 A claim under this Article shall not be allowed for any costs for which a proper notice was not given by the Contractor, of the act or failure to act involved, but this requirement shall not apply as to a claim resulting from an actual suspension order.
4.9.4 Contractors are cautioned that the provisions of Article 4.11 hereof entitled "Notice Requirements," is applicable to all actions identified by this Article, including actual suspension orders.
Submitted bids shall state the price for each item enumerated in the required format for the kind of improvement bid upon, except in bids involving alternate bid items in which the bidder has the option of bidding on one or more of said alternates. When using a format other than the electronic Pricing Proposal which allows you to enter pricing directly into the County's Procurement portal, the unit price for each item must be shown, together with the total amount for each item carried forward. In case of errors or discrepancies, the unit price as shown will govern in the computation of the bid. Failure to comply with the provisions of this section may be deemed sufficient ground for rejection of any bid.
All submitted bids will be compared on the basis of the Architect's or Engineer's Estimate of quantities of Work to be done and materials to be furnished. These quantities are approximate only, and the Board expressly reserves the right to increase or decrease the same or omit any item that the Board may deem advisable. Bids, which exceed the estimate, may not be accepted. On Project contracts which will be awarded on the basis of unit prices as submitted in the proposal, the Board will look with disfavor upon a proposal submitted in which the bidder's unit prices are or appear to the Board to be unbalanced. The Board reserves the right to reject any bid which, in its opinion, appears unbalanced.
4.10.1 Attached to these General Conditions is a DAILY REPORT form which shall be completed, signed and delivered to the Board’s Designated Representative, together with any other reports or data, which may be required to explain or clarify the information contained in the Daily Report.
4.10.1.1 These reports shall be submitted for each day on which Work is performed by any employee or entity for which that Contractor is responsible.
4.10.1.2 The Contractor’s Job Superintendent shall be personally responsible for submitting the Daily Report each day. The Contractor may specifically designate another on site representative for this purpose. Any such representative shall be authorized by the Contractor to make such official report. The representatives' actions shall bind the Contractor contractually and legally.
4.10.1.3 The Representative shall be responsible for assuring that each such report is current, accurate and complete and reports all relevant data (including data from Subcontractors and suppliers) which affects the time of performance of the Contract or the cost thereof. The signature of the Contractor’s representative shall constitute a warranty to the Board that, after suitable inquiry, to the best of his/her knowledge and belief, that all such data is current, accurate and complete as of the date of the report.
4.10.2 The requirement for this Daily Report shall be a material condition of every contract in which it appears. A conclusive presumption shall arise that the Board was substantially prejudiced by the failure to give this report as strictly required by the contract. Further, a presumption shall arise that the report accurately states the material facts of progress and quality of the work reported. Nothing however, shall prevent the Board from raising the issue of the accuracy of the report concerning issues which were incompletely, inaccurately or erroneously reported from knowledge controlled by the Contractor.
3.10.1 The Contractor shall maintain at the site for the Board one (1) record copy of the Drawings, Specifications, Addenda, Schedules, Change Orders and other modifications, in good order and marked currently to record changes and selections made during construction and containing all governmental approvals, stamps, signatures and comments and, in addition, shall maintain in good order and marked currently all approved Shop Drawings, Product Data, Samples and similar required submittals. These shall be available to the Board at all times and shall be delivered to the Architect for transmittal to the Board upon completion of the Work.
The Board may, in its sole discretion, do any or all of the following where, in the sole judgment of the Board or its agents, it is in the best interest of the Board to do so:
NOTE: The Board SHALL reject bids submitted by any bidder who did not attend the mandatory pre-bid conference.
9.10.1 After award of the Contract and before completion of fifty (50) percent of the Work, the Contractor may establish an escrow account with the Board's concurrence in accordance with Ohio Revised Code Sections 153.12, 153.13, 153.14, 153.63, and 153.80, as may be amended. If such an escrow account is established, the Board will deposit all funds retained by it on the first fifty (50) percent of the completed Work pursuant to said Ohio Revised Code Sections. Upon final acceptance of the Work by the Board, a notice will be sent to the escrow agent for release of such escrowed funds to the Contractor in accordance with Ohio Revised Code Section 153.63. The escrow agent hereunder must be a Board approved depository institution qualified under Ohio Revised Code Section 135.03 et seq. and must be located within the geographical confines of Montgomery County, Ohio.
9.10.2 In regard to the amount of any funds retained, the Board, in its sole discretion, may reduce the amount of funds retained pursuant to section 153.12 and 153.14 of the Ohio Revised Code for the faithful performance of work by fifty (50) percent of the amount of funds required to be retained pursuant to those sections, provided that the surety on the bond remains liable for all of the following that are caused due to default by the Contractor:
9.10.2.1 Completion of the job;
9.10.2.2 All delay claims;
9.10.2.3 All liquidated damages;
9.10.2.4 All additional expenses incurred by the contracting authority.
9.10.3 As used in Article 9.10.2, "Delay claim" means a claim that arises due to default on provisions in the Contract in regard to the time when the Work or any specified portion of the Work must be completed.
13.9.1 Testing Procedure. Unless otherwise set forth in the contract, the contractor shall perform tests specified or required to verify that control measures are adequate to provide a product which conforms to Contract Requirements.
13.9.1.1 The contractor shall procure the services of an industry recognized testing laboratory or it may establish an approved testing laboratory at the project site. A list of tests, which the contractor is to perform, shall be furnished as part of the quality control plan to the Board.
13.9.1.1.1 A list shall give the test name, specification Article containing the test requirements, and the personnel and laboratory responsible for each type of test.
13.9.1.1.2 The Contractor shall perform the following activities, record and provide the following data:
13.9.1.1.2.1 Verify that testing procedures comply with Contract Requirements.
13.9.1.1.2.2 Verify that facilities and testing equipment are available and comply with testing standards.
13.9.1.1.2.3 Check test instrument calibration data against standards.
13.9.1.1.2.4 Verify that recording forms, including all of the test documentation requirements, have been prepared.
13.10.1 Capability Check. The Board will have the right to have all laboratory equipment, if any, certified for the purpose of adequate testing for compliance with the standards set forth in the Contract specifications to be assured that the laboratory testing procedures will produce results which demonstrate conformity to the Contract Requirements.
13.10.2 Project Laboratory. The Board shall have the right to monitor the Contractor’s control testing laboratory, if any, and equipment to assure that tests and testing procedures, techniques, and test results are valid.
13.10.3 Completion Inspection. At the completion of all work or any increment thereof established by a completion time stated elsewhere in the Contract, the Contract Quality Control System Manager shall conduct a completion inspection of the work and develop a list of items which do not conform to the approved plans and specifications.
13.10.3.1 Such a list of deficiencies shall be included in the Contract Quality Control Documentation, as required by Article 13.11 below, and shall include the estimated date by which the deficiencies will be corrected.
13.10.3.2 The Contract Quality Control System Manager or staff shall make a second completion inspection to ascertain that all noted deficiencies have been corrected. No additional time shall be awarded to correct these deficiencies.
4.11.1 In a variety of Articles set forth in this Contract, Contractor is required to give written notice to the Board of the occurrence of events for which the Board has assumed the legal or contractual responsibility. The giving of such notice is a CONDITION PRECEDENT to any liability of the Board. The failure to provide the written notice, when occurrence become known to the Contractor, or the information is reasonably available to the Contractor, shall release the Board from any liability on any claim for adjustment of the Contract or for the breach thereof by the Board, THE FORM FOR THE GIVING OF NOTICE UNDER THIS CONTRACT IS ATTACHED to this Contract as Attachment 2 hereto.
3.11.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-Subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. Within ten (10) days after execution of the Agreement, Contractor shall submit a schedule of shop drawings to the Board.
3.11.1.1 At its election, the Contractor shall be permitted to establish a system of communication of submittals directly with the Board's professional and technical advisor. A copy of any such informal agreement shall be made available to the Board, forthwith, upon its execution.
3.11.1.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work.
3.11.3 Samples are physical examples, which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged.
3.11.4 Shop Drawings, Product Data, Samples, and similar submittals are not Contract Documents. The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required the way the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Board is subject to the representations made by the Contractor under Article 13.14.2.
3.11.5 The Contractor shall review, approve and submit to the Board Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Board or of separate contractors. Submittals made by the Contractor which are not required by the Contract Documents shall be returned without action.
3.11.6 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Board. Such Work shall be in accordance with approved submittals.
3.11.7 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has scheduled and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents.
3.11.8 The Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Board's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Board in writing of such deviation at the time of submittal and the Board has given written approval to the specific deviation. The Contractor shall not be relieved of responsibility under Article 13.14 because of errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Board's approval thereof.
3.11.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Board on previous submittals.
3.11.10 Informational submittals upon which the Board is not expected to take responsive action may be so identified in the Contract Documents.
3.11.11 When professional certification of performance criteria of materials, systems, or equipment is required by the Contract Documents, the Contractor shall provide the person or party providing the certification with full information on the relevant performance requirements and on the materials, systems, or equipment that are expected to operate at the Project site.
3.11.12 All Shop Drawings for any architectural, structural, mechanical or electrical work must be submitted to and approved by the Board. The Contractor represents and warrants that all Shop Drawings shall be prepared by persons and entities possessing expertise and experience in the trade for which the Shop Drawing is prepared and by a licensed professional if so required by the Board or applicable law.
All bids received shall be evaluated using the following three (3) procedures:
The bid award shall be made to the bidder(s) whose bid(s):
In determining lowest and best bid both separate bids and combined bids will be considered. Also, all or any combination of Alternates may be accepted in determining the lowest and best bid. Selection will be based on total Project costs. Combined bids for the whole or for two or more kinds of work that are lower than the separate bids in aggregate may be selected as per Ohio Revised Code 153.51, as may be amended.
4.12.1 This provision is a material condition of this Contract for which the Board may forthwith, upon discovery, terminate the offending Contractor's contract for default.
4.12.1.1 The submission by any Contractor of a schedule which does not reflect the true sequence of timing, the logical progression of activities and identification of float or other activities that may impact constraints or dependencies, is a "Manipulated Schedule." Such submission shall be presumed to be an attempt to file a false report on material terms of this Contract.
4.12.2 A Manipulated Schedule may consist of the submission of a schedule that has no float, or that is "front end loaded" or "rear end loaded." This is a false report and an invalid schedule. It can serve no useful purpose for the Contract. A penalty for such an act may include a Default Termination. The submission of a schedule with improperly sequenced work or clearly erroneous durations is also within this definition. All parties are to note that deception in the presentation of a Manipulated Schedule will be a cause for immediate termination for default.
13.11.1 The Contractor shall maintain current records of quality control operations, activities, and tests performed including the work of suppliers and Subcontractors. The records shall be on an acceptable form and shall include factual evidence that required quality control activities or tests have been performed, including but not limited to (1) type and number of control activities and tests involved; (2) results of control activities or tests (3) nature of defects, causes for rejection, etc.; (4) proposed remedial action and (5) corrective action taken, and retesting if it is necessary.
13.11.2 These records shall cover both conforming and defective or deficient features and shall include a statement that equipment and materials incorporated in the work and workmanship comply with the contract. Legible copies of these records shall be furnished to the Board daily or as otherwise agreed to.
The Board reserves the right to consider all elements entering into the question of determining the responsibility of a bidder pursuant to Ohio Revised Code '9.312.
3.12.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. Unless otherwise provided in the Contract Documents, the Coordinating Contractor shall be responsible for securing and paying for any permits or other fees necessary for the obstruction of streets, alleys, drives and other roads, which obstruction shall be kept to a minimum with minimum interference to traffic and other facilities. Streets, alleys, drives and other roads adjacent to the site shall be maintained free of mud and construction debris created by the construction process.
3.12.2 Only materials and equipment which are to be used directly in the Work shall be brought to and stored on the Project site by the Contractor. After equipment is no longer required for the Work, it shall be promptly removed from the Project site. Protection of construction materials and equipment stored at the Project site from weather, theft, damage and all other adversity is solely the responsibility of the Contractor.
3.12.3 The Contractor and any entity for whom the Contractor is responsible shall not erect any sign on the Project site without the prior written consent of the Board, which may be withheld in the sole discretion of the Board.
3.12.4 The Contractor shall ensure that the Work, at all times, is performed in a manner that affords reasonable access, both vehicular and pedestrian, to the site of the Work and all adjacent areas. The Work shall be performed, to the fullest extent reasonably possible, in such a manner that public areas adjacent to the site of the Work shall be free from all debris, building materials and equipment likely to cause hazardous conditions. Without limitation of any other provision of the Contract Documents, the Contractor shall use its best efforts to minimize any interference with the occupancy or beneficial use of (1) any areas and buildings adjacent to the site of the Work or (2) the building in the event of partial occupancy, as more particularly described elsewhere in the Contract Documents.
Corrections of errors in a bid after the bid opening shall not be allowed except for extension and/or addition errors which are clearly evident in the Board's sole discretion. Correction of such errors shall only be allowed if accomplished by 4:00 p.m. on the second working day after the bid opening not counting the day of the bid opening.
3.13.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly.
3.13.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Board or separate contractors by cutting, patching or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter such construction by the Board or a separate contractor except with written consent of the Board and of such separate contractor. The Contractor shall not unreasonably withhold from the Board or a separate contractor the Contractor's consent to cutting or otherwise altering the Work.
13.12.1 The Board will notify the Contractor if it becomes aware of any noncompliance with the Contract.
13.12.1.1 The Contractor shall, after receipt of such notice, immediately take corrective action. Such notice, when delivered to the Contractor or his representative at the site of work, shall be deemed to be sufficient for the purpose of notification. If the Contractor fails or refuses to comply promptly, the Board may issue an order stopping all or part of the work until satisfactory corrective action has been taken.
13.12.1.2 No part of the time lost due to any such stop orders shall be made the subject of claim for extension of time or for excess costs or damages by the Contractor.
The successful bidder must comply with the prevailing rates of wages on public improvements, attached hereto, as ascertained by the Department of Industrial Relations, State of Ohio, and as provided for in Chapter 4115 of the Ohio Revised Code, as may be amended.
3.14.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. If the Contractor fails to clean up as provided in the Contract Documents, the Board may do so and the cost thereof shall be charged to the Contractor.
13.13.1 The Technical provisions of this Contract are set forth in the Project Manual and are generally referred to as the "Specifications." The Specifications are supplemented by the "Drawings" which are referred to and incorporated into the Project Manual by reference, and which may be referred to as the "Plans."
13.13.2 The Specifications and Drawings for this Contract are complimentary. They shall and are to be so interpreted, unless that interpretation is so clearly erroneous as to defy the intent of the parties, in such a manner as to require the cost of all work be included in the Contractor's price and the performance of all work which:
13.13.2.1 The interpretation contemplated by 13.13.2 above, shall, in accordance with industry standards, customary practice or by reasonable inference shall include details of work that may have been omitted or misdescribed in the Specifications or Drawings for the contract and which are necessary to be furnished and which necessity is readily apparent to one skilled in trades and knowledgeable in the arts concerning the construction, operation and interface of the work., and which a competent and honest Contractor which has participated in the extensive prebid procedures leading to the award of this contract would recognize that the work in question is needed to fulfill the requirements of this Contract and is a part of its responsibility.
13.13.2.2 This Article 13.13.2 shall be liberally construed to accomplish the completion of a useable facility.
13.13.3 The failure of the low bidder to include the omitted and or misdescribed details defined in this provision in its bid, shall not relieve the Contractor from performing such omitted or misdescribed details of the work and they shall be performed as if fully and correctly set forth and described in the Drawings and Specifications.
13.13.4 Specifications used in this Contract are of three types: (1) design, (2) performance and (3)mixed performance and design specifications.
13.13.5 The Board warrants to the Contractor the adequacy of the design specifications in the Contract. The
Contractor warrants that he will comply with the design that has been warranted.
13.13.5.1 The Contractor shall give notice to the Board immediately upon discovery of any design error that will cause the design as presented to the Contractor to be unsuitable for the purpose or purposes intended. The failure of the Contractor to give timely notice of any such discovery, as required by the contract documents, will result in any rework that could have been avoided by prior notice to the Board being charged to Contractor's account.
13.13.6 The Contractor shall be given a choice in the means and methods by which it shall fulfill the requirements of any Performance Specification set forth in this contract.
13.13.6.1 These means and methods chosen by the Contractor shall constitute the design of the finished work and the Contractor shall warrant the fulfillment of these performance specifications to the same degree that the Board warrants the design specifications as contemplated by Article 13.13.5 hereof.
13.13.7 When a Mixed Design and Performance Specification are set forth in the Contract, the Board shall warrant only those features of the design for which the Contractor is given no choice but to follow the design prescribed or use the equipment, material or means and methods set forth in the Specifications.
13.13.7.1 To the extent that the Contractor is given the discretion to determine the design, or to use equipment, material or means and methods of its choice, then the Contractor shall warrant to the Board the usability for the particular purpose the means chosen by the Contractor.
13.13.8 In instances, in which the provisions of this Article are considered, the interpretative provisions set forth in connection with the prebid-preaward activities leading to this Contract shall be controlling, if applicable.
3.15.1 The Contractor shall provide the Board and the Architect access to the Work in preparation and progress wherever located.
13.14.1 Various provisions of the Contract require the Contractor to obtain permission to use Equipment, material or means and methods to fulfill its responsibility under the contract. Unless otherwise set forth in the Contract by specific recitation, these requirements are Mixed Design and Performance Specifications. In order for the Contractor to fully understand the nature of the warranty made to the Board in the submittal process under which the permission of the Board is obtained to use submittal subject matter, the following shall apply to all submittals:
13.14.2 When the contractor makes a "Submittal" to describe how it will fulfill its responsibility under the Contract by submitting Shop Drawings, Submittals, Samples, Cuts, Catalogues, Models, Samples or other preliminary data, when such submittals are to be subsequently utilized in the final construction of this project, the following provisions shall apply:
1. THE CONTRACTOR NOTES THE CONSPICUOUS NATURE OF THIS PROVISION. THE CONTRACTOR AGREES THAT THESE PROVISIONS ARE MATERIAL PROVISIONS AND ARE TO BE ENFORCED, IN THE EVENT OF CONTROVERSY, IN SUCH A MANNER AS TO PLACE UPON THE CONTRACTOR THE FULL, COMPLETE AND TOTAL RESPONSIBILITY FOR THE APPROVED SUBMITTAL FOR THE PURPOSE OF FULFILLING THE REQUIREMENTS OF THE CONTRACT FOR THE SUBSEQUENT SUITABILITY AND/OR THE COST OF REALIZING USEABILITY OF ANY PRELIMINARY SUBMISSIONS BY THE CONTRACTOR, WITHOUT REGARD TO ANY ACTION OR FAILURE TO ACT IN CONNECTION THEREWITH BY THE BOARD OR ITS DULY AUTHORIZED REPRESENTATIVE.
2. TO FACILITATE THE ASSUMPTION OF RESPONSIBILITY BY THE CONTRACTOR UNDER THIS ARTICLE, EACH PRELIMINARY SUBMITTAL BY THE CONTRACTOR SHALL CONTAIN AS A COVER PAGE THERETO, THE FOLLOWING LEGEND. THIS COVER PAGE SHALL BE SIGNED OR INITIALED BY A REPRESENTATIVE OF THE CONTRACTOR PREVIOUSLY DESIGNATED BY THE CONTRACTOR TO THE BOARD, IN WRITING, FOR SUCH PURPOSE. THE CONTRACTOR SHALL REQUEST SUBMITTAL APPROVAL AND WARRANT THE SUITABILITY OF THE EQUIPMENT OR MATERIAL SET FORTH FOR COMPLIANCE WITH THE REQUIREMENTS OF THE CONTRACT PROVISIONS FOR WHICH THIS SUBMITTAL IS INTENDED TO BE USED.
a. This submittal is made under the provisions of Article 13 of Quality Control requirements of the General Conditions of the Contract between these parties. Contractor makes an express warranty to the Board, by express affirmation, that if installed into or made a part of the project, the work which forms the basis of this submittal will conform to the design requirements of the contract, as that design has been agreed to and which is the basis of the bargain between the parties hereto.
b. It is the purpose of this submittal to describe the goods proposed for use by the Contractor and to demonstrate conformance of that description to the Contract Requirement.
c. To the extent necessary, the Contractor by making this submittal, warrants that the whole of the goods shall conform to the submittal.
d. At the time of this submission, the Contractor acknowledges that it is aware that the purpose of this Submittal is to induce the Board to authorize the use of this work for purposes of Contract compliance by the Contractor, and further, that the Board, in doing so, relies upon the skill, judgment and integrity of the Contractor as to the compliance of this submitted work to the requirements of the Contract. Contractor hereby acknowledges that it has, through the use of its own resources, found and selected the work submitted herewith and that the work submitted is usable for the purpose of being fit and suitable in the final construction under this Contract.
e. Notwithstanding any provision of this Contract to the contrary, the Contractor hereby notifies the Board that:
(1)
(2)
(3)
(4) (Or more)
features of the Submittal ARE NOT IN CONFORMANCE with Contract Requirements, but nevertheless asks approval thereof.
SIGNED: ___________________________
Authorized Representative
13.14.3 Contractor understands that in fulfilling its responsibility under this Article, it may need or be required to obtain a Professional Design Consultant's services in order to properly present any submittal made hereunder. If the Contractor determines that such services are needed for the purposes of carrying out the means and methods selected by the Contractor, then such a Professional Design Consultant must be included in the bid submitted.
Designated on the Drawings in the Contract Documents are utilities and public utility companies, who have or will install facilities within the limits of the Project. The Board does not guarantee that this list includes all public utilities that have facilities or who may install or adjust facilities which may interfere with the Contractor's operations.
Each bidder shall determine for itself all expenses and cost, including any insurance and/or protective services involved in protecting the operation, Board property, public utility and other facilities of any and/or all public utility companies. Compensation for all expenses, including insurance, if required, in connection with all Work on, over, under, or adjacent to the property and facilities of any and/or all of the public utility companies, shall be included in the prices bid for the various items of the Contract.
The submission of a bid for this project shall be prima facie evidence that the bidder has examined the site and contacted all public utility companies, authorities, and municipalities and has included in its bid, under the various items of the proposed contract, compensation for all expenses involved as outlined above. It is further agreed the successful bidder shall meet the requirements of Section 105.06, Cooperation with Utilities of the Ohio Department of Transportation Specifications, as may be amended.
The successful bidder shall make its own arrangements for working on, over, under, and adjacent to the properties of the public utility companies, authorities and municipalities. It shall provide and pay for all safeguards and other services that may be required by these utilities, including aid to construction costs, and it shall conform to their rules, regulations, and requirements at no additional expense to the Board.
The successful bidder shall comply in every respect with the latest edition of the Ohio Building Code and the Code's subsequent approved amendments. All steel products used must be made in the United States. The successful bidder shall be solely responsible for any damage, or injury, or delay caused to the Board, or other, through any failure or negligence to observe said laws or regulations.
NOTE: All bidders are cautioned to read Paragraph 1.2.11 of the General Conditions hereof.
3.16.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Board and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when such suit or claim stems solely from a particular design, process or product of a particular manufacturer or manufacturers which is specifically required by the Contract Documents. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect and the Board.
3.17.1 To the fullest extent permitted by law, the Contractor shall protect, defend, indemnify and hold free and harmless the Board, Architect, Architect's consultants and any officers, employees, successors, administrators or agents of same from and against any and all claims, damages, losses, claims of loss, causes of action, penalties, settlements, costs, liabilities and expenses of any kind, including but not limited to attorney fees, arising out of or resulting from any acts or omissions of the Contractor, its officers, employees, consultants, agents, Subcontractors, Sub-subcontractors, successors or administrators, negligent or otherwise, and regardless of whether such claims, damages, losses, claims of loss, causes of action, penalties, settlements, costs, liabilities or expense is caused in part by any party indemnified hereunder.
3.17.1.1 The Contractor agrees to be responsible for the payment of all damages, settlements, costs and expenses of any kind, including attorney fees, incurred by the Board while the Board defends or pursues any action, cause of action, or claim which arises out of the aforementioned acts or omissions. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Article 3.17.
3.17.2 In claims against any person or entity indemnified under this Article 3.17 by an employee of the Contractor, a Subcontractor, a Sub-subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this Article 3.17 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor, a Subcontractor or a Sub-subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts.
Prospective bidders shall not contact any public employee by any means or method, including by telephone, regarding this specification and the procurement it represents except in the manner indicated above. Failure to comply with this requirement shall result in the disqualification of the bidder.
3.18.1 Time is of the essence to the Contract Documents and all obligations thereunder. Contractor agrees that Liquidated Damages shall be available to the Board pursuant to the terms of the Agreement.
The Revised Code of the state of Ohio, and the applicable resolutions of the Board of County Commissioners for Montgomery County, Ohio (the "Board") insofar as they apply to the laws of competitive bidding, contracts, and purchases are made a part hereof as if fully restated herein. All laws of the United States of America, the state of Ohio, and Montgomery County, Ohio applicable to the products or services discussed herein or to be provided hereby, are also made a part hereof.
The intent of the bid documents and the agreement stemming therefrom is to include all items necessary for the proper execution and completion of the Work by the successful bidder. The bid documents and the agreement stemming therefrom are complementary, and what is required by one shall be as binding as if required by all. Performance by the successful bidder shall be required only to the extent consistent with the bid documents and the agreement stemming therefrom and reasonably inferable from them all as being necessary to produce the intended results.
During the performance of this Agreement, the Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, military status, national origin, disability, age, or ancestry. The Contractor may not discharge without just cause, refuse to hire, or otherwise discriminate against a person with respect to hiring, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of an employee’s race, color, religion, sex, military status, national origin, disability, age, or ancestry.
The Contractor further agrees not to establish or knowingly permit any discriminatory or segregationist practices in connection with this Agreement, whether in the conduct of its own operations, the operations of its agent, or in those of any subcontractor. The Contractor shall ensure that all subcontractors comply with the non-discrimination provisions of this Agreement.
To the fullest extent permitted by law, the successful bidder shall protect, defend, indemnify and hold free and harmless the Board, and any officers, employees, successors, administrators or agents of same, from and against any and all claims, damages, losses, claims of loss, causes of action, penalties, settlements, costs, liabilities and expenses of any kind, including but not limited to attorney fees, arising out of or resulting from any acts or omissions of the successful bidder, its officers, employees, consultants, agents, subcontractors, sub-subcontractors, successors or administrators, negligent or otherwise, and regardless of whether such claims, damages, losses, claims of loss, causes of action, penalties, settlements, costs, liabilities or expense is caused in part by any party indemnified hereunder. The successful bidder also agrees to be responsible for the payment of all damages, settlements, costs and expenses of any kind, including attorney fees, incurred by the Board while the Board defends or pursues any action, cause of action, or claim which arises out the aforementioned acts or omissions. Such obligations include any claims arising out of the use of any patented material, process, article, or device that may enter into the manufacture, construction, or form a part of the work covered by either the order or contract. Such obligations shall not be construed to negate, abridge, or reduce any other rights or obligations of indemnity which would otherwise exist as to a party or person described herein.
Unless otherwise provided in the Contract Documents, the contract stemming from this bid shall require that the successful bidder purchase and maintain a policy of insurance to protect the successful bidder and the Board from claims which may arise out of the contract stemming from this bid. Unless otherwise provided in the Contract Documents, such insurance policy shall be written for not less than one million dollars ($1,000,000.00) for any person injured in any accident and with a total liability of two million dollars ($2,000,000.00) for all persons injured in any one accident and in the amount of one million dollars ($1,000,000.00) for each accident or occurrence as compensation for damage caused to property of others.
Time is of the essence to the Contract Documents and all obligations thereunder. It is important to the Board that the Project be completed as soon as possible consistent with good construction. The Board estimates the project will be Substantially Complete by September 30, 2026. The Board, in determining the lowest and best bid, will take into consideration the time required for completion fixed by the bidder in its proposal.
Since time is of the essence, the successful bidder will agree and acknowledge that (1) Board is entitled to full and beneficial occupancy and use of the completed Work upon expiration of the Contract Time and (2) Board has or will enter into contracts, agreements and commitments based upon the successful bidder achieving Substantial Completion of the Work within the Contract Time. The successful bidder will further agree that if it fails to cause substantial Completion of the Work or any portion of the Work within the Contract Time, the Board will sustain extensive damages and loss as a result of such failure, the exact amount of which will be extremely difficult to ascertain. Therefore, the Board and successful bidder, who will be the "Contractor", will agree in the Contract Documents to the following:
If the Contractor fails to achieve Substantial Completion of the Work within the Contract Time and as otherwise required by the Contract Documents, the Board shall be entitled to retain or recover from the Contractor, as liquidated damages, and not as a penalty, the following per diem amounts commencing upon the first day following expiration of the Contract Time and continuing until the actual Date of Substantial Completion. Such liquidated damages are hereby agreed to be a reasonable pre-estimate of damages the Board will incur as a result of delayed completion of the Work: Two Hundred and 00/100 Dollars ($200.00) per day.
The contract documents evidencing the successful bid will contain a covenant to be agreed to by the successful bidder that it has complied with the Board's disclosure policy adopted pursuant to Resolution No. 88-1276, dated July 5, 1988, which requires anyone contracting with the Board to disclose to the Board any business relationship or financial interest that it has with a Montgomery County, Ohio employee or employee's business, or any business relationship or financial interest that a Montgomery County, Ohio employee has with the contracting party or in the contracting party's business. That contract will also create a continuing obligation to disclose such information to the Board.
Contained in these bid documents is a sample contract document entitled "Construction Contract Agreement." Such contract document is an example of the contract document that the successful bidder will be asked to sign to evidence the Agreement between that successful bidder and the Board stemming from this solicitation. All blanks contained in the sample shall be filled in by the Board before such document is presented to the successful bidder for signature. The actual contract document supplied to the successful bidder may differ from the sample contract document.
The contract document executed by the successful Bidder shall constitute an offer to enter into an agreement with the Board to provide the Work described in the Bid Documents. This offer shall not become binding on the Board until all of the following conditions are met:
Except as permitted by law, the Bidder's offer shall remain irrevocable until such conditions are satisfied.
If no separate contract document is executed, the submitted proposal shall constitute an irrevocable offer to contract. In such cases, the issuance of a purchase order by the Board shall be deemed formal acceptance of the offer and shall form a binding agreement under the terms set forth in the Proposal Documents.
By submitting your bid you agree to leave your bid proposal firm for one hundred twenty (120) days after the bid opening date unless otherwise stated therein.
The Board, and any officers, employees, successors, administrators or agents of same, assume no responsibility nor liability for costs incurred in the preparation and/or submission of any bid.
ALL BIDDERS ARE CAUTIONED TO READ PARAGRAPH 1.2.11 OF THE GENERAL CONDITIONS HEREOF.
Base Bid | $TBD | Engineer Estimate |
| Alt #1 Bid | $ | $ TBD |
| Alt #2 Bid | $ | $ TBD |
Notice: All bidders are cautioned that the funding estimate represents the monies available. When the bid, as calculated, is more than the funding estimate, the bidder shall provide notice at least five (5) days prior to bid opening.
Please include first and last name, phone number, and email address of the main project contact.
When was organization established?
Style
01/01/1991
Has this business operated under a different name?
Please list all former names and the dates during which they were used.
Please provide Federal Employer Identification Number (FEIN)
Please provide Workers Compensation Account Number. If none, please provide a reason.
Please provide Unemployment Insurance Account Number. If none, please provide reason.
Are you registered to do business in Ohio?
As stated within the previous question, the proposer is required to furnish a Certificate of Good Standing from the Ohio Secretary of State showing the right of the proposer to do business in the State. Or, in the case that the proposer is an individual or partnership, the proposer shall certify it has filed, with the Ohio Secretary of State, a Power of Attorney designating the Ohio Secretary of State as the proposer agent for the purpose of accepting service of summons in any lawful legal action.
Please upload the applicable proof based on your current status at the time of this submittal.
Will you be using Subcontractors to carry out the work covered under this project?
Please list the full business name of all anticipated subcontractors, including dba names.
The Bidder certifies that they will not enter into contracts with subcontractors who are debarred or suspended from such transactions to complete work related to this bid.
Bidder shall disclose whether it plans to utilize independent contractors on the project.
Do you plan to utilize any independent contractors to perform any type of work on this project?
Do Federal, State, or local Affirmative Action or Equal Employment Opportunity rules bind the Bidder?
If yes, has the Bidder filed all required EEO reports to the necessary agencies?
Has Bidder ever filed for reorganization under the bankruptcy laws of Ohio or any other state?
Have you, or any of your principals, within a three-year period preceding award of this agreement been convicted of or been subject to a civil judgment rendered for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property?
Please provide detailed information about the existence of such instances in your organization.
Are you, or any of your principals, presently indicted for or otherwise criminally charged by a governmental entity (Federal, State, or Local) within commission of any of the offenses enumerated in the previous question?
Are you, or any of your principals, within the three-year period preceding this proposal date had one or more public transactions (Federal, State, or Local) terminated for cause or default?
Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by Montgomery County, Ohio, and requested by the Director of the Facilities Maintenance Department?
Has your company received any Environmental Protection Agency (EPA), Occupational Safety and Health Administration (OSHA) or other regulatory entity issues, citations, or violations in the last seven (7) years?
NOTE: Failing to disclose any such issues may be cause to deem your bid non-responsive.
Please provide additional information regarding the finding, as well as steps to resolve issues noted in findings.
Bidder shall disclose any determination made by Ohio Department of Commerce, Bureau of Wage & Hour that it made an underpayment to its employees as required by Ohio’s prevailing wage law, whether the underpayment occurred intentionally or unintentionally, or whether the underpayment was settled subsequent to the finding, over the past seven (7) years.
Has the Bidder been subject to any such determination?
The Bidder certifies that they are neither debarred nor suspended under Federal and State rulings from receiving Federal funds.
For how many years has the Bidder been engaged in construction under its present business name?
Describe the general character of work performed by Bidder.
Indicate total amounts of contracts currently scheduled and the dates of completion in the following format:
Please list the more important contracts recently completed by you. Please provide all information for at least five (5) projects/contracts using the following format for each contract:
Please provide a list of similar work/projects to that noted in the Scope of Work for this project that your company has performed. Please provide information for each project in the following manner:
Would you like to provide the background and experience of the principal members of your company, including the officers, in an uploaded file?
You have indicated that you would like to provide the background and experience of the principal members of your company by uploading a file.
Please upload your personnel information here.
Do you have a list of the major equipment you will use for this project that you will provide in the form of an uploaded file?
Please provide a full list of equipment you plan to use to complete the services as described in the bid documents.
Have you ever failed to complete any work awarded to you?
You indicated that in one or more instances you have failed to complete work awarded to you.
Please provide a description of the work, including where and when it occurred as well as why.
Have you ever defaulted on a contract?
You indicated that in one or more instances you have defaulted on a contract.
Please provide a description of the work, including where and when it occurred as well as why.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please upload applicable Bid Guaranty and Performance Bond. Below is to be used as an example only.
Bidder shall furnish a valid BWC Certificate covering all employees. All prime contractors must insure that all subcontractors maintain current BWC Certification for all employees.
Bidder may show evidence of participation in apprenticeship and training programs, applicable to the work performed on the project, which are approved by and registered with the United States Department of Labor’s Office of Apprenticeship or the State of Ohio Department of Job & Family Services State Apprenticeship Council.
If you wish to show such evidence, please upload the applicable information here.
Please enter your substantial completion date (month date, year).
Does your bid include warranties?
Please provided detailed warranty information.
Bidder has read, understands, and accepts the General Conditions contained within the Bid documents?
Please detail objection/s to General Conditions.
Are there Exceptions to the included Specifications?
If there are exceptions to the specifications, you must upload a list of any and all exceptions for your bid to receive consideration.
After reading the sample contract provided in Attachment A, does proposer have any exceptions to the contract terms?
Please list all contract exceptions and the reason for such exceptions.
All Items bid?
Prices include any and all deliver charges?
Bid Proposal will remain firm for acceptance for 90 days after bid opening unless otherwise stated?
How long will the bid remain valid?
Bidder hereby confirms and certifies the following:
As part of their submittal, a Bidder shall confirm receipt and acknowledge of the requirements stated in the section of this solicitation entitled "Montgomery County Public Improvement Bid Selection Criteria".
The requirements of the stated section supersede any similar requirements stated elsewhere within the bid package.
Bidder certifies acknowledgement and accepts the criteria as conditions of bid acceptance.
The Bidder certifies they will not use contract funds to lobby.
For any additional information requested or required by any of your previously provided answers please upload that additional documentation here.
Bidder hereby certifies that all information provided within this submittal is true, accurate and complete to the best of their knowledge. Submitting party or Bidder further acknowledges that they have authority and have provided proof of said authority to submit a bid on behalf of the stated Company name committing them to the information and pricing contained within this Bid Response.
Is the estimated value close to or over a total of $75,000?
NOTE: An answer of "YES" here will include additional bid selection criteria by adding the Montgomery County Public Improvement Bid Selection Criteria section to this solicitation.
If this project will physically change or add a Montgomery County owned structure, you must alert Risk so they can update our insurance carrier.
What is the engineer's estimate for this project?
State the number of dollars and cents (if applicable):
500,000.00
NOTE: DO NOT INCLUDE THE $, IT WILL BE ADDED AUTOMATICALLY
Please select publication agency you will be advertising in.
Please enter the advertisement date in the following style:
December 21, 2024.
Not: 12/21/2024.
Will there be a pre-bid meeting?
Is the pre-bid meeting required?
Who will be the architect / engineer for this project?
Please enter the street address of the work site.
Example
123 Rainbow Rd
Please enter the city, state, and zip of the worksite?
Example
Dayton, OH 45403
Select the option that applies to this project.
A Storm Water Discharge Permit:
What is the substantial completion date you wish to note for this project?
Please state using full calendar date.
EXAMPLE:
October 1, 2024
What is the per day dollar amount of liquidated damages that will be assessed for this project should it be deemed necessary to do so?
Please use the following format:
Written Number and cents/100 Dollars ($Dollar Amount)
EXAMPLE:
Five Hundred and 00/100 Dollars ($500.00)
Is this project funded in whole or in part with any Federal funds or is it subject to any restrictions or requirements of any Federal Agency or Department?
Will there potentially be separate amounts between the base bid and the total contract value for this project/solicitation?
Will the alternates increase the cost?
If no, the alternates will decrease the cost.
Q (No subject):
A: Are there any blackout dates when work cannot take place? There are no known blackout dates.
Q (No subject):
A: Are there noise concerns with working in the evenings? There are no noise concerns while working within the parking garages.
Q (No subject):
A: Will the laydown area be counted towards the allotted closed spaces? The County will work with the contractor to ensure adequate space is provided for a laydown area.
Q (No subject):
A: What if quantities are drastically different than in the plans. Bidders should bring this to the County’s attention during the bid phase, otherwise it is assumed bidders have verified the quantities to be correct.
Q (No subject):
A: The substantial completion date of 9/30/2026 may not be achievable if construction is not permitted to begin until late June. Has this been considered? If it is determined that the schedule is not achievable, the substantial completion date could be adjusted to, but no later than, mid-October.
Q (No subject):
A: What is the expected construction start date? Construction is expected to begin in late June; however the exact starting date will be finalized with the selected contractor.
Q (Electrical Allowance): 1. What is the Electrical Allowance amount for Note 30.1?
A: The Electrical Allowance is $5,000.00. These funds are to be utilized to move electrical conduit that is in line with concrete repairs and make minor repairs to this conduit that has been damaged due to water infiltration through the supported concrete slabs.
SLED stands for State, Local, and Education. These are solicitations issued by state governments, counties, cities, school districts, utilities, and higher education institutions — as opposed to federal agencies.
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