SLED Opportunity · OHIO · NORTHEAST OHIO REGIONAL SEWER DISTRICT
AI Summary
NEORSD seeks bids for preventive and corrective maintenance services on electrical substations and distribution equipment at multiple wastewater treatment plants and pump stations in Ohio. Mandatory pre-bid meeting and site inspection at SWWTC required. Contract term 2026-2030 with strict safety and compliance requirements.
The Easterly Wastewater Treatment Plant (EWWTP), Southerly and Westerly Wastewater Treatment Centers (SWWTC or WWWTC) and the Westerly and Easterly Tunnel Dewatering Pump Stations (WTDPS or ETDPS) are owned and operated by the Northeast Ohio Regional Sewer District (NEORSD) with electrical substations and main switchgears for energy transmission. The purpose of this bid, and the requirement contract awarded following an evaluation of the bids received, is to provide preventative and breakdown maintenance, cleaning, and testing and calibration of plant and pump station electrical distribution equipment, as well as necessary repairs.
NEORSD will host a mandatory pre-bid meeting at 10:00 A.M. on Thursday, April 2, 2026, at SWWTC.
6000 Canal Road
Cuyahoga Hts, Ohio 44125
NEORSD requires a mandatory site inspection of SWWTC. The additional locations, EWWTP, WWWTC, WTDPS and ETDPS do not require a mandatory site inspection, however a site inspection of these sites can be requested once the SWWTC site inspection is completed contractors shall make the request to view other facilities through Monica Rose, Contract Administration Manager who will be on site.
The Northeast Ohio Regional Sewer District (Sewer District) protects public health and the environment by leading effective wastewater and stormwater management. As the largest wastewater treatment provider in the State of Ohio, the Sewer District spans 380 square miles, serves 62 communities and one million residents, treats 90 billion gallons of wastewater a year, and manages more than 400 miles of streams.
In addition to its award-winning treatment plant and laboratory performance, the Sewer District's Project Clean Lake construction program will reduce annual Lake Erie pollution by 4 billion gallons by 2035, while its Regional Stormwater Management Program addresses widespread inter-community problems like flooding, pollution, and erosion.
NEORSD is an Equal Opportunity Employer. We are committed to fostering a diverse and inclusive workforce, recognizing the full range of human differences and similarities. Through our unwavering efforts to leverage the potential of our diversity, we continually strive to build and foster an environment that respects each individual. We encourage and promote innovation and provide opportunities for all employees to interact, communicate, and realize the full potential of their talents.
Please use the See What Changed link to view all the changes made by this addendum.
The NEORSD reserves the right to reject any or all bids, and any part or parts of any bids, and also the right to waive any informalities in the bid. In awarding a contract, the NEORSD reserves the right to consider, in addition to price and discount, all elements entering into the question of determining the ability of the bidder to perform the contract satisfactorily. Any bid which is incomplete, conditional, obscure, or which contains additions not called for or irregularities of any kind, may be rejected within the discretion of the NEORSD.
Check that the SGCs have been uploaded as attachments then click Complete
The Supplemental General Conditions can be found in the ATTACHMENTS section
The Easterly Wastewater Treatment Plant (EWWTP), Southerly and Westerly Wastewater Treatment Centers (SWWTC or WWWTC) and the Westerly and Easterly Tunnel Dewatering Pump Stations (WTDPS or ETDPS) are owned and operated by the Northeast Ohio Regional Sewer District (NEORSD) with electrical substations and main switchgears for energy transmission. The purpose of this bid, and the requirement contract awarded following an evaluation of the bids received, is to provide preventative and breakdown maintenance, cleaning, and testing and calibration of plant and pump station electrical distribution equipment, as well as necessary repairs.
NEORSD will host a mandatory pre-bid meeting at 10:00 A.M. on Thursday, April 2, 2026, at SWWTC.
6000 Canal Road
Cuyahoga Hts, Ohio 44125
NEORSD requires a mandatory site inspection of SWWTC. The additional locations, EWWTP, WWWTC, WTDPS and ETDPS do not require a mandatory site inspection, however a site inspection of these sites can be requested once the SWWTC site inspection is completed contractors shall make the request to view other facilities through Monica Rose, Contract Administration Manager who will be on site.
Information concerning the title of Bid, Resolution Number of the Board of Trustees of the Northeast Ohio Regional Sewer District, hereafter designated as “NEORSD,” or the “Sewer District,” and place and dates of advertisement appear in the Legal Notice to Bidders and on the OpenGov project information page.
Check that the DSs have been uploaded as attachments then click Complete
Bidders must present evidence to the NEORSD, when required to do so, to show that they are fully competent and have the necessary source of supply, facilities and pecuniary resources to fulfill the conditions of the contract and specifications.
The Detailed Specifications can be found in the ATTACHMENTS section
The Northeast Ohio Regional Sewer District (Sewer District) protects public health and the environment by leading effective wastewater and stormwater management. As the largest wastewater treatment provider in the State of Ohio, the Sewer District spans 380 square miles, serves 62 communities and one million residents, treats 90 billion gallons of wastewater a year, and manages more than 400 miles of streams.
In addition to its award-winning treatment plant and laboratory performance, the Sewer District's Project Clean Lake construction program will reduce annual Lake Erie pollution by 4 billion gallons by 2035, while its Regional Stormwater Management Program addresses widespread inter-community problems like flooding, pollution, and erosion.
NEORSD is an Equal Opportunity Employer. We are committed to fostering a diverse and inclusive workforce, recognizing the full range of human differences and similarities. Through our unwavering efforts to leverage the potential of our diversity, we continually strive to build and foster an environment that respects each individual. We encourage and promote innovation and provide opportunities for all employees to interact, communicate, and realize the full potential of their talents.
| Bid Publish Date: | March 19, 2026 |
| Mandatory Pre-Bid Meeting (Mandatory): | April 2, 2026, 10:00am Southerly Wastewater Treatment Center - Renewable Energy Facility Multi-Purpose Room 6000 Canal Road Cuyahoga Heights, Ohio 44125 |
| Question Submission Deadline: | April 6, 2026, 1:00pm |
| Bid Due Date: | April 13, 2026, 1:00pm |
Since the project has BOP goals, the buyer will need to delete the blank BOP form from the Required Documents section and upload one filled out with the project's specific BOP goals.
After checking that the correct BOP compliance form is in the Required Documents section, press complete
Sealed Bids will be received electronically within the OpenGov portal until the official time and date indicated on the OpenGov project information page and in the Legal Notice to Bidders. Bids received prior to the advertised time of opening will be securely kept sealed. Bids will be opened electronically at the designated time. All totals will be automatically tabulated and publicly visible on the OpenGov project page.
New Year’s Day
Martin Luther King Day
Memorial Day
Juneteenth
Independence Day
Labor Day
New Year’s Day
Veteran’s Day
Thanksgiving Day
Christmas Day
Should a holiday fall on a weekend, the day designated by the Sewer District shall be recognized as the official holiday. If work is scheduled on a Sewer District recognized holiday, the work must be approved by Sewer District staff.
The Contractor shall obtain prior District authorization for all site visits for all reasons, including preventive maintenance, repairs, inspections, and extra visits. In addition, the Contractor shall notify the appropriate site contact listed in Detailed Specifications - Facility Information and Contacts, or prearranged designated District representative, upon arrival at each facility. Arrangements for deliveries shall be made in advance with the facility to expedite receiving and handling.
All Contractor employees shall be required to show valid ID and check in with Security upon both arriving and exiting District facilities and to enter their Employee name, Contractor name, and their arrival and departure times in the log. Contractor employees shall comply with all District Safety and Security policies and procedures. Failure to do so may result in delays or non-payment of service time.
The Contractor shall provide every employee with an identification badge. The badges shall clearly show the Contractor company name, employee name, and photo. All Contractor employees shall display their ID’s during duty hours with the photo and name facing away from the employee to allow easy identification. District Security Officers shall have the right to require Contractor employees whom do not wear the ID badges in accordance with this provision to display their ID badges prominently.
Each Bid must be signed by the Bidder in the space provided for the signature on the Bid Form Certification. The Bidder shall provide the name and address of the firm, and the name and title of the officer duly authorized to sign for and legally bind the firm. In the case of a partnership, the firm name and address and name and address of each individual party must be given.
If determined as one of the two apparent lowest bidders, the Bidder shall submit within seventy-two (72) hours after the bid opening an affidavit stating that neither it nor its agents, nor any other party, has paid or agreed to pay, directly or indirectly, any person, firm or corporation money or other valuable consideration for assistance in procuring or attempting to procure the contract herein referred to, and further agreeing that no such money or reward will be hereafter paid.
If determined as one of the two apparent lowest bidders, a Bidder which is a foreign corporation, that is, a corporation not chartered in Ohio but licensed to do business in Ohio, is required to submit with its Bid an affidavit duly executed by the President, Vice President or General Manager of the corporation stating that said foreign corporation has, in accordance with the provisions of the Revised Code of the State of Ohio, obtained a certificate authorizing it to do business in the State of Ohio. (The certificate or certified copies of such certificate may be obtained from the Office of the Secretary of State, Columbus, Ohio.)
If the Bidder is a joint venture, the Bidder must attach a copy of the joint venture agreement to the non-collusion affidavit.
This affidavit shall be on the form which is provided by NEORSD.
The District reserves the right to perform, at its own expense, a background check on any employee of the Contractor for the purposes of safety and security to the District employees and facilities.
The Contractor shall mark both sides, and the rear of each vehicle entering the facilities to perform the work under this Contract with clearly identifiable letters displaying the company name. The letters shall be mounted to be readily visible and identified by the Security personnel at each facility. In addition, as deemed necessary, Contractor vehicles may be subject to search upon entry or exiting the facilities by District Security Officers.
Each Bid submitted to the District shall be accompanied by a Bid Guaranty in the form of either:
If a Bond is submitted as a Bid Guaranty, it shall be secured by a guarantee of a surety company authorized to do business in the State of Ohio and listed in the latest issue of U.S. Treasury Circular 570. The amount of the Bond shall be within the maximum amount specified for such company in the tables of said Circular 570. Personal sureties are not acceptable. The current Power of Attorney for the person who signs for any surety company shall be attached to the Bond. Said Bond shall be conditioned to:
If the Bid Guaranty is in the form of a certified check, cashier's check or irrevocable letter of credit, it shall be attached in the space provided on the page entitled "Bid Guaranty,” and must be made payable to the order of "Northeast Ohio Regional Sewer District." Cash deposits will not be accepted. If the Bidder submits either a certified check, cashier's check or irrevocable letter of credit as a Bid Guaranty, it must be accompanied by a properly and duly executed Consent of Surety from an approved surety company licensed to do business in the State of Ohio agreeing to furnish the Bond described in in these Bid Documents upon the award of the Contract. Said Consent of Surety shall be on the form included in the Bid Documents.
If the Bid Guaranty is in the form of a certified check, cashier's check, or irrevocable letter of credit, the Bid Guaranty shall be conditioned to provide that if the Bid is accepted, the Bidder will, after the award of the Contract, enter into a proper Contract in accordance with the Contract Documents. If for any reason, other than as provided by law, the Bidder fails to enter into the Contract, and the District awards the Contract to the next lowest bidder, the Bidder shall be liable to the District for the difference between its Bid and that of the next lowest bidder, or for a penal sum not to exceed ten percent (10%) of the full amount of the Bid, whichever is less. If the District does not award the Contract to the next lowest bidder but resubmits the project for bidding, the Bidder failing to enter into the Contract shall, except as provided by law, be liable to the District for a penal sum not to exceed ten percent (10%) of the full amount of the Bid or the costs in connection with the rebidding of the Project, required advertising, and administrative costs, whichever is less.
Contractor employees shall remain within the previously authorized areas of the locations as detailed in these documents. Unauthorized entry to other areas will not be tolerated.
All District facilities have Emergency Response Plans (ERPs). The ERPs include the evacuation of persons at the facility to designated staging areas. In the event of an evacuation, Contractor employees are required to participate in the emergency evacuations and follow the instructions of the District’s Security Officers.
Any injuries that occur to the Contractor employees, or accidents that occur to Contractor-owned or leased vehicles shall be reported immediately to a District Security Officer and/or the District’s on-site Health and Safety Specialist. A copy of all Injury and/or Accident Reports written shall be sent to the District immediately. The safety of the Contractor’s personnel is solely the responsibility of the Contractor.
If any person contemplating submitting a Bid for the proposed Contract has a question as to the meaning of any part of the Drawings, specifications or other documents pertinent to the Bid, they may submit questions and/or requests for clarification via the OpenGov project page before the Question Submission Due Date as listed on the project page and in the Notice to Bidders. Any interpretation of the Bid Documents will be made only by Addendum duly issued. A copy of such Addendum will be posted to the OpenGov project page. The NEORSD will not be responsible for any explanation or interpretation of the Bid Documents made other than by addenda duly issued, including any oral communications by its employees, agents or others.
Any injuries that occur to any Contractor employees, accidents that occur to Contractor-owned or leased vehicles, or damage to District-owned property of any kind shall be reported immediately to a NEORSD Security Officer. A copy of all Injury and/or Accident Reports written shall be sent immediately to the Manager of Contract Administration, Monica Rose, at RoseM@neorsd.org.
The Contractor, its employees, and the completed project work must conform to all applicable federal, state of Ohio, and local laws and standards, including, national and local building codes.
In the case of conflict between codes, standards, laws, orders, and regulations, the most stringent requirements shall apply. Contractors must be aware of hazards related to the work being performed. All Contractor employees shall be trained and follow all applicable safety regulations including the following:
The minimum PPE required in all operating areas shall include head protection, eye protection and foot protection.
Additional PPE is required based upon potential hazard exposures, including, but not limited to, protective gloves, hearing protection, atmospheric monitoring devices, and respiratory protection. In addition, all Contractor employees working in or near the public right-of-way (including tree lawns and sidewalks), construction sites and other areas where exposure to vehicular traffic exists (e.g., parking lots, heavy equipment areas, etc.) shall wear a retro-reflective vest, shirt and/or jacket meeting the requirements set forth in the “Millennium Edition” of the Manual of Uniform Traffic Control Devices (MUTCD).
In addition to OSHA requirements, Contractor employees shall comply with the NEORSD’s Confined Space and Control of Hazardous Energy Programs, which includes the development of a written plan of execution and a pre-work briefing (which must be documented) prior to beginning any work. Failures to follow safety rules will be immediately reported. Continued violations may be reason to terminate the Contract and disallow future NEORSD contracting opportunities.
Unless otherwise indicated on the Bid Form, contractors shall include in their bid prices all costs and fees including labor, material, equipment rental and usage, bonding and insurance costs, freight, transportation costs, fuel costs and surcharges, landfill disposal fees and any other surcharges, fines or fees related to this contract. No additional costs beyond the stated bid prices will be paid by the NEORSD. The Contractor’s addition of costs to its bid that have not been requested by the NEORSD under the bid documents shall be a basis for rejecting the bid.
The District shall provide the Contractor with the locations of water and electrical service. The Contractor shall be responsible for providing all connections, wiring and hoses needed to perform connections to the service. NOTE: Some water is non-potable water.
In determining the lowest and best Bid, the NEORSD will consider all Bids on a basis of the net price to be paid after deduction of the discount specified, except that if the terms specified by the Bidder require payment in less than ten (10) days, unless otherwise indicated in the Bid documents, from the date of the invoice, the discount offered will not be deducted from the price named in the Bid to determine the lowest and best Bidder, and the Bid will be considered only on the basis of the unit price actually named in the Bid. But if, notwithstanding the provisions of this paragraph, such Bid is determined to be the lowest and best Bid, the NEORSD reserves the right to accept the terms named in the Bid if such terms are to the advantage of the NEORSD as a basis for payment of invoices only, but not in any case as a basis for determining the lowest and best Bidder.
The Contractor shall remove and replace equipment, as needed. The Contractor shall be responsible to leave the work site in a clean and safe condition, free of slipping, tripping and other safety hazards at all times.
The Contractor shall be responsible for preventing the creation of any nuisances including, but not limited to, noises, odors, spills of lubricants, chemicals, or other equipment fluids. Unless approved by the District, no liquid will be permitted to drain or be washed down into floor drains or storm sewer catch basins. The cost to clean up spills occurring as result of Contractor negligence and/or poorly maintained Contractor equipment, as well as any environmental fines or costs associated with other violations occurring because of such negligence, shall be paid by the Contractor, or deducted by the District from invoice(s) submitted by the Contractor.
The Contractor shall be responsible to immediately repair any buildings, roadways, pieces of equipment, or other District property damaged during the execution of the work specified herein. Failure by the Contractor to make repairs in a reasonable time shall be a basis for the District making the necessary repairs and deducting the repair costs (materials and labor) from invoice(s) submitted by the Contractor.
Any brand or trade names referred to herein are for identification purposes only. Such references do not limit the bidder to the identified brands, provided the alternates offered by the bidder are equal in quality, function to the level of those specified, and are approved by the accepting facility’s end-user. When bidders list a trade name and/or catalog number, NEORSD will assume the item meets the specifications, unless the submission clearly states it is an alternate, and describes specifically how it differs from the item specified. Multiple or alternative bids will not be accepted unless authorized in the specifications. Notwithstanding anything to the contrary herein, when any bid item contains the words “No Substitution”, “No Sub”, or any other substantially similar notation, the brand, manufacturer name and/or product number specified for such bid item shall be the only acceptable brand, manufacturer name and/or product number. In such cases, alternate products will not be considered.
If required under the Bid documents, upon request by the NEORSD the Bidders shall provide samples of the items they propose to furnish under the terms of the Bid.
The NEORSD has in place a Substance Abuse Policy for the protection of its employees and customers. All Contractors shall have a company Substance Abuse Policy. The company policy shall include employee training and methods to monitor for substance abuse.
If required under the Bid documents, Bidders must state in their Bids the time necessary to deliver the items they propose to furnish.
THIS TIME MUST BE STATED IN CALENDAR DAYS.
The contract shall be awarded by the NEORSD on the basis of the lowest and best bid. The NEORSD shall be the sole judge of whether the goods and/or services proposed by the bidder meet the specific needs of the NEORSD, and shall evaluate qualified bids on the basis of bid prices submitted as well as the bidder’s qualifications, compatibility, availability, and whether the bid creates an appearance of impropriety or otherwise presents an ethical issue under the NEORSD’s Code of Ethics and/or the Ohio Ethics Law. In order to fairly evaluate all bids submitted, the NEORSD requires bidders to furnish numerical responses to all requested items. Exceptions and alternates will not receive consideration and shall be a basis to reject the bid. The NEORSD reserves the right to accept or reject any or all bids received, or any portion of the bids received
In the event of a default by the Contractor under this contract, the NEORSD shall have the right to terminate this agreement and pursue its remedies at law. Prior to terminating the contract for default, the NEORSD will provide the Contractor with thirty (30) days’ written notice and opportunity to cure such default. Any cure period may be extended with mutual consent of the parties.
Additionally, the NEORSD shall have the right to terminate this contract for convenience in the event that the NEORSD’s Chief Executive Officer determines such termination to be in the best interest of the NEORSD. Such termination for convenience shall be effective as of the date specified in a written notice of termination for convenience provided by the NEORSD to the Contractor.
There shall be no discrimination exercised against any citizen in the employment of labor, whether skilled or unskilled, under this Contract; such discrimination shall be deemed to be a material breach of the Contract.
The contractor shall not assign, transfer, convey or otherwise dispose of the contract, or his right to execute it or any part thereof, or assign, by power of attorney or otherwise, any of the monies due or to become due under the contract, except by previous consent of the Board of Trustees of the NEORSD in writing endorsed thereon or attached hereto, and the giving of any such consent to a particular assignment, shall not dispense with the necessity of such consent to any further or other assignments. Such assignments, transfer, or conveyance shall not be valid until filed in the office of the Chief Financial Officer of the NEORSD.
An award of a contract made under this Bid will be termed a requirement contract. A requirement contract imposes a duty on the contractor to provide such supplies, material or equipment which is set forth in the Bid, as may be required by the NEORSD during the life of the contract.
Unless canceled in accordance with the cancelation provisions contained in the Bid documents, the total amount to be ordered under the contract awarded on this Bid shall not be less than five percent (5%).
The contractor shall be required to pay all royalties and license fees and shall hold and save the NEORSD and its officers, agents, servants and employees harmless from liability of any nature or kind, including cost and expenses for, or on account of, any patented or unpatented invention, process, article, or appliance manufactured or used in the performance of the contract, including its use by the NEORSD, unless otherwise specifically stipulated in the contract documents. In this respect the contractor shall defend all suits or claims for infringement of any patent or license rights.
Bidders shall agree to make requested delivery of materials, supplies or equipment upon the written purchase order of the Chief Financial Officer of the NEORSD and no delivery shall be accepted unless such written purchase order has first been issued.
The Contractor shall guarantee that any material as furnished under this contract shall be free from all inherent defects of design, material, and workmanship for a minimum period of one (1) year after installation. The Contractor shall rectify, entirely at its own expense, any defects or failures that may develop during the guarantee period. The NEORSD will not pay freight, shipping, or any special handling expenses (including energy surcharges) for returning defective parts and materials
The NEORSD reserves the right to test all materials, equipment or supplies delivered during the life of the contract, at a laboratory to be designated by the NEORSD to determine compliance with the contract specifications. Where the results of such test shows the materials, equipment or supplies are not equal to the specifications, then the expense of making such test shall be paid by the contractor.
The delivery of any materials, supplies or equipment and/or the performance of any services under the contract which do not conform to contract specifications will be rejected and the contractor notified immediately. Such rejection and the reason therefore, shall be in writing.
The contractor may, if time for performance has not expired, reasonably notify the Chief Financial Officer of the NEORSD of his intention to cure and may then within the contract time make conforming delivery.
If the said contractor fails to effect immediate replacement of such rejected materials, supplies or equipment, or re-perform such rejected services, the NEORSD will purchase such materials, supplies, equipment and/or services of the character required, on the open market. The contractor shall be liable to NEORSD for any excess cost and expense incurred by the NEORSD. The NEORSD shall have the right to deduct such excess cost and expense from any amounts owed to the contractor by the NEORSD under the contract.
Any equipment to be furnished by the terms of this bid, shall be provided with safety controls, guards and housings meeting the requirements of the safety standards of the Industrial Commission and the Department of Industrial Relations of Ohio, and the cost be included as part of the bid.
The contractor shall be and remain an independent contractor with respect to all services performed under said contract, and agrees to and accepts full and exclusive liability for the payment of any and all contributions or taxes for social security, unemployment insurance, old age retirement benefits, pensions or annuities now or hereafter imposed under any state or federal law, which are measured by the wages, salaries, or other remuneration paid to persons employed by the contractor on work performed under the terms of this contract, and further agrees to obey all lawful rules and regulations and to meet all lawful requirements with are now or hereafter may be issued or promulgated under said respective laws by any duly authorized state or federal officials; and said contractor also agrees to indemnify and save harmless the NEORSD from any such contributions or taxes or liability therefore.
If a price for freight is requested on the Bid Form, such freight prices shall be in accordance with lawful freight or cartage charges in existence at the time the bid is made, and bid prices shall be increased or decreased by changes in the freight or cartage rates provided that claims for additional freight or cartage be presented to the NEORSD within thirty (30) days after said increase in freight or cartage rates becomes effective. Reduction in freight or cartage prices will be deducted from the contract price. Should the increase in bid prices require an increase in the contract price, such increase shall be subject to approval by the Board of Trustees of the NEORSD.
Payment shall be made for the net number of units accepted after due and proper delivery, accompanied by invoices at the bid price per unit, less discount for prompt payment if appropriate.
The contractor shall, during the term of this contract, subscribe to and comply with the Worker’s Compensation Laws of the State of Ohio and pay such premiums as may be required and to save the NEORSD harmless from any and all liability arising from said act. The Contractor shall also furnish at the time of delivery of this contract and at such other times as may be applicable a copy of the current official certificate or receipt to show the payments herein-before referred.
Each laborer, worker or mechanic employed by Contractor for the work herein specified by the other persons upon such work, shall be paid the prevailing rates of wages as determined by the Department of Industrial Relations, Facility of Building and Factory Inspection, of the State of Ohio, the published and approved schedule of which is contained in the bid documents.
In the event the wage scale for any labor classification is changed between the time the schedule was approved and the time the work required by this Contract is performed, or in the event any class of labor employed under this Contract, is not included in the published schedule of prevailing wages, then the rate prevailing at the time the work is actually performed as ascertained and determined by Department of Industrial Relations of the State of Ohio shall govern the work done under this Contract.
Every Contractor who is subject to Chapter 4115 of the Revised Code shall, as soon as he/she begins performance under his/her contract with any contracting public authority, supply to the prevailing wage coordinator of the contracting public authority a schedule of the dates during the life of his/her contract with the authority on which he/she is required to pay wages to employees. He/She shall also deliver to the Prevailing Wage Coordinator a certified copy of his/her payroll, within two weeks after the initial pay date, and supplemental report for each month thereafter which shall exhibit for each employee paid any wages, his/her name, current address, periods covered and the total for each week, his/her hourly rate of pay and wages, his/her job classification, fringe payments, and deductions from his/her wages. At the beginning of performance by Vendor, such supplemental reports shall be filed each week after the initial report. The certification of each payroll shall be executed by Vendor, or duly appointed agent therefore and shall recite that the payroll is correct and complete and that the wage rates shown are not less than those required by the Contract.
Each Contractor shall file with the contracting public authority upon completion of the Contract, or portion thereof, and prior to final payment thereof an affidavit stating that he/she has fully complied with Chapter 4115 of the Revised Code. Said affidavit is to be filed with the NEORSD’s Office of Contract Compliance.
Prevailing wage rates are required only for labor hours performed for repairs and do not apply to preventive maintenance services. Preventive maintenance services are non-repairs and, therefore, do not require payment of prevailing wage rates.
The Contractor shall indemnify, keep and save harmless the NEORSD and its respective officers, agents and employees, against all suits or claims that may be based upon any injury to persons or property that may occur, or that may be alleged to have occurred in the course or as the result of the performance of all or any part of this contract by the Contractor, arising out of the negligent act or omission of the Contractor or its employee, and whether or not the person(s) injured or whose property was damaged were third parties or employees of the Contractor, and the Contractor shall at its own expense defend the NEORSD in all litigation, pay all attorney’s fees and all costs and other expenses arising out of the litigation or claim incurred in connection therewith; and shall, at its own expense, satisfy and cause to be discharged such judgments as may be obtained against the NEORSD, or any of its officers, agents or employees. Nothing herein shall be construed to limit the Contractor’s indemnification obligations to the limits of insurance provided. The indemnification obligations shall survive any termination of the contract.
In case of any and all claims against the NEORSD and its officers, agents or employees, by any employee of the Contractor, its agents, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation of the above paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor’s, or other person under applicable worker’s or workmen’s compensations benefit or disability laws, it being clearly agreed and understood by the parties hereto that the Contractor expressly waives any immunity the Contractor might have had under such laws. By executing the contract, the Contractor acknowledges that the parties have mutually negotiated the foregoing waiver.
The contractor shall maintain during the term of this contract Commercial General Liability insurance on an occurrence coverage basis, including bodily injury, personal injury, property damage, and broad-form contractual liability arising from or relating to Contractor’s work of not less than the following amounts:
A. Contractor’s General Liability (occurrence basis, limits per occurrence and annual aggregate):
$4,000,000 General Aggregate
$4,000,000 Products/Completed Operations Aggregate
$2,000,000 Personal Injury and Advertising Injury
$2,000,000 Bodily Injury and Property Damage Limit - Each Occurrence
The Contractor’s General Liability Insurance limit requirement can be satisfied by the purchase and maintenance of any combination of primary, excess and/or umbrella insurance.
The coverage must be endorsed with ISO Form CG 24 04, or a substitute form providing equivalent coverage, to include without limitation, a waiver of the Transfer of Rights of Recovery Against Others to Us as it applies to subrogation against Northeast Ohio Regional Sewer District.
B. Auto Liability Insurance covering all owned, non-owned, hired, leased or used by or on behalf of the Contractor or its subcontractor(s) with a limit of not less than $2,000,000 combined single limit, bodily injury and property damage, for each accident.
The coverage must be endorsed with ISO Form CA 99 48, or a substitute form providing equivalent coverage, to include without limitation, coverage respecting liability arising out of the transporting, loading or unloading of Hazardous Materials/Regulated Substances.
The coverage must be endorsed with ISO Form CA 04 43, or a substitute form providing equivalent coverage, to include without limitation, a waiver of the Transfer of Rights of Recovery Against Others to Us as it applies to subrogation against Northeast Ohio Regional Sewer District.
The Auto Liability Insurance limit requirement can be satisfied by the purchase and maintenance of any combination of primary, excess and/or umbrella insurance.
The NEORSD shall be named as additional insured on the Contractor’s Commercial General Liability and Automobile policy and Excess/Umbrella Liability. The General Liability and Automobile Insurance limit requirements can be satisfied by the purchase and maintenance of any combination of primary, excess and/or umbrella insurance. Commercial General Liability and Umbrella/Excess limits of liability (including Products/Completed Operations coverage) shall apply on a per project basis.
The NEORSD reserves the right to refuse the insurance policies and demand other insurance if the policy language, insurance company’s ability to make payments and/or any other reason makes the policy unacceptable in the sole judgment of the NEORSD. The Contractor shall replace the policy with insurance acceptable to the NEORSD. Failure to do so may result in the not being awarded the contract. In addition, with respect to the contract involved, the Contractor shall have the insurance company write into the policy the following language: “thirty days prior to any reduction of the insurance coverage or cancellation of the policy, the NEORSD (Attention Manager of Finance and Compliance) shall be notified.”
The successful contractor shall submit the certificate of insurance for the policy or policies prior to award upon notification from the NEORSD. The certificate of insurance shall reference the contract title as stated in the bid documents.
The contractor shall, during the term of this contract, subscribe to and comply with the Worker’s Compensation Laws of the State of Ohio and pay such premiums as may be required and to save said NEORSD harmless from any and all liability arising from said act. The Contractor shall also furnish at the time of delivery of this contract and at such other times as may be applicable a copy of the current official certificate or receipt to show the payments herein-before referred
.1 LIABILITY INSURANCE
For any Work under these Contract Documents, and until Final Completion of the entire Work, the Contractor and its Subcontractor(s), shall purchase and maintain, at their own expense, insurance coverage as specified below. For purposes of this section, the term Subcontractors shall include subcontractors as defined above and SBE Qualified Subcontractors (as defined above) unless specifically stated otherwise. All insurance required hereunder shall apply to and cover all loss or liability caused by, arising from, or resulting from the Work performed or required to be performed, provided or required to be provided, hereunder, it being understood and agreed that the Work may include hazardous and ultrahazardous activities.
.1. 1 Auto Liability Insurance: Auto Liability coverage for Owned, Non-owned and Hired Auto Liability with a limit of not less than Five Million Dollars ($5,000,000) for the Contractor, not less than Three Million Dollars ($3,000,000) for its Subcontractor(s), and not less than Two Million Dollars ($2,000,000) for its SBE Qualified Subcontractor(s) minimum annual combined single limit, bodily injury and property damage. Such insurance shall cover and include liability arising from all vehicles owned by, hired by, or used by or on behalf of the Contractor or its Subcontractor(s). The coverage must be endorsed with ISO Form CA 99 48, or a substitute form providing equivalent coverage, to include without limitation, coverage respecting liability arising out of the transporting, loading or unloading of Hazardous Materials/Regulated Substances. The Auto Liability Insurance limit requirement can be satisfied by the purchase and maintenance of any combination of primary, excess and/or umbrella insurance.
The Owner and its trustees, board members, officers, members, employees, representatives, agents, and consultants including Owner’s Engineer, Engineer’s consultants and Owner’s consultant for the Project shall be named as additional insureds on the Contractor’s and its Subcontractor’s(s’) Automobile Liability policies. The extent of the additional insured coverage shall be no less broad than that provided under ISO Form CA 20 48 02/99 for Auto Liability, or a substitute form providing equivalent coverage.
.1.2 Workers’ Compensation: Workers’ Compensation with statutory limits. Employers Liability with an annual limit of not less than Five Million Dollars ($5,000,000) bodily injury by accident, each accident, Five Million Dollars ($5,000,000) bodily injury by disease, each employee, and Five Million Dollars ($5,000,000) bodily injury by disease, policy aggregate minimum coverage for the Contractor, not less than Three Million Dollars ($3,000,000) bodily injury by accident, each accident, Three Million Dollars ($3,000,000) bodily injury by disease, each employee, and Three Million Dollars ($3,000,000) bodily injury by disease, for its subcontractor(s) and not less than Two Million Dollars ($2,000,000) bodily injury by accident, each accident, Two Million Dollars ($2,000,000) bodily injury by disease, each employee, and Two Million Dollars ($2,000,000) bodily injury by disease, policy aggregate minimum coverage for its SBE Qualified Subcontractor(s); coverage shall include defense of an allegation against the employer for injury believed to have been substantially certain to occur. The Contractor and its Subcontractor(s) shall subscribe to and comply with, throughout all phases of the Project, the Workers’ Compensation laws of the State of Ohio and shall pay such premiums. The Employers Liability insurance requirement may be satisfied by including such coverage within the General Liability policy.
.1.3 General Liability Insurance: Commercial General Liability insurance on an occurrence coverage basis (including without limitation, bodily injury, personal injury and advertising injury, property damage, and broad-form contractual liability arising from or relating to these Contract Documents, coverage as respects independent contractors, operating mobile equipment, products and completed operations, explosion, collapse and underground hazards) of not less than the following amounts:
(a) Contractor’s General Liability (occurrence basis, limits per occurrence and annual aggregate):
$5,000,000 General Aggregate
$5,000,000 Products/Completed Operations Aggregate
$5,000,000 Personal Injury and Advertising Injury
$5,000,000 Bodily Injury and Property Damage Limit - Each Occurrence
(b) Subcontractor’s(s’) General Liability (occurrence basis, limits per occurrence and annual aggregate):
$3,000,000 General Aggregate
$3,000,000 Products/Completed Operations Aggregate
$3,000,000 Personal Injury and Advertising Injury
$3,000,000 Bodily Injury and Property Damage Limit - Each Occurrence
(c) SBE Qualified Subcontractor’s(s’) General Liability (occurrence basis, limits per occurrence and annual aggregate):
$2,000,000 Products/Completed Operations Aggregate
$2,000,000 Personal Injury and Advertising Injury
$2,000,000 Bodily Injury and Property Damage Limit - Each Occurrence
The Owner and its trustees, board members, officers, members, employees, representatives, agents, and consultants including Owner’s Engineer, Engineer’s consultants and Owner’s consultant for the Project shall be named as additional insureds on the Contractor’s and its Subcontractor’s(s’) Commercial General Liability policy and Excess/Umbrella Liability. The extent of the additional insured coverage shall be no less broad than that provided under ISO Form CG 20 26 11/85 for General Liability, or substitute form providing equivalent coverage. The additional insured coverage afforded under the Contractor’s and its Subcontractor’s(s’) policies shall include both ongoing operations (work in progress) and completed operations (completed work). All coverage shall be maintained for a minimum of five (5) years after Final Completion. The General Liability Insurance limit requirement can be satisfied by the purchase and maintenance of any combination of primary, excess and/or umbrella insurance. Commercial General Liability and Umbrella/Excess limits of liability (including Products/Completed Operations coverage) shall apply on a per project basis.
.1.4 Contractors Pollution Liability: If Work performed or provided by Contractor or its Subcontractor(s) includes activities that could result in or give rise to a contamination or pollution incident or condition, then Contractor or its Subcontractor(s) shall purchase and maintain in force insurance covering loss and liability arising out of or relating to Work. Insurance shall cover and include claims alleging bodily injury, property damage, or including claims alleging bodily injury, property damage or clean up which shall include investigation, response, removal, remediation and neutralization of the pollution condition both on and off site claims or to any other location to which Hazardous Materials/Regulated Substances were transported from the Site.
(a) Contractor’s - Contractors Pollution Liability limits of not less than:
$5,000,000 Bodily Injury and Property Damage, Third-Party Claims, each occurrence
$5,000,000 Bodily Injury and Property Damage, Third-Party Claims, annual aggregate
$5,000,000 Clean-up, Response, and Remediation On-Site, each occurrence
$5,000,000 Clean-up, Response, and Remediation Off-Site, each occurrence
(b) Subcontractor’s(s’) and SBE Qualified Contractor’s(s’) - Contractors Pollution Liability limits of not less than:
$1,000,000 Bodily Injury and Property Damage, Third-Party Claims, each occurrence
$1,000,000 Bodily Injury and Property Damage, Third-Party Claims, annual aggregate
$1,000,000 Clean-up, Response, and Remediation On-Site, each occurrence
$1,000,000 Clean-up, Response, and Remediation Off-Site, each occurrence
Contractors Pollution Liability insurance may be written on a claims-made basis provided such policy shall either (i) be renewed annually for a period of not fewer than five (5) years following Final Completion with substantially the same terms and conditions or (ii) include an extended reporting period endorsement or clause providing not less than five (5) years within which a claim may be made under the policy respecting the Contractor’s performance of Work; the cost of coverage for such five (5) year period shall be borne exclusively by the Contractor or its Subcontractor(s) as the case may be, provided further that if such Contractors Pollution Liability insurance is written on a claims-made basis then the per occurrence limits stated above shall apply per incident; and if commercially feasible, limits of liability shall apply on a per-project basis with a designated limit applying to the Project Site.
.1.5 Professional Liability Insurance: If Work performed or provided by Contractor or its Subcontractor(s) includes activities that could result in or give rise to a Professional Liability claim or loss, then Contractor or its Subcontractor(s) shall purchase and maintain in force Professional Liability insurance (including contractual liability coverage) covering liability and damages arising out of or resulting from Contractor’s professional services rendered, or which should have been rendered, pursuant to these Contract Documents. Each of Contractor’s Subcontractor(s) who are required to render or provide professional services pursuant to these Contract Documents and/or these contract documents between the Contractor and such Subcontractor, or at any other Subcontractor-Sub-Subcontractor level, shall purchase and maintain Professional Liability insurance coverage with limits of liability of not less than and coverage no less broad than requested herein.
(a) Contractor’s Professional Liability limits of not less than:
$4,000,000 Annual Aggregate
$2,000,000 Per Claim
(b) Subcontractor’s(s’) and SBE Qualified Subcontractor’s(s’) Professional Liability limits of not less than:
$1,000,000 Annual Aggregate
$1,000,000 Per Claim
Professional Liability insurance may be written on a claims-made basis provided such policy shall either (i) be renewed annually for a period of not fewer than five (5) years following Final Completion with substantially the same terms and conditions or (ii) include an extended reporting period endorsement or clause providing not less than five (5) years within which a claim may be made under the policy respecting the Contractor’s performance of Work; the cost of coverage for such five (5) year period shall be borne exclusively by the Contractor, or Subcontractor(s) as the case may be, provided further that if such Professional Liability insurance is written on a claims-made basis then the per occurrence limits stated above shall apply per incident; and if commercially feasible, limits of liability shall apply on a per-project basis with a designated limit applying to the Project Site.
.1.6 Rigger’s Liability: If Work performed or provided by Contractor or its Subcontractor(s) required by these Contract Documents includes or involves the use of a crane or any other device or piece of equipment by which materials or equipment are rigged, hoisted, lowered, elevated, raised, or the movement of property, materials or equipment, loaded or unloaded, then Contractor or its Subcontractor(s) shall purchase and maintain in force Riggers Liability for the rigging, hoisting, lowering, elevating, raising or moving of property, materials or equipment, loaded or unloaded; such insurance shall cover damage or loss to such property, materials, or equipment, with a limit of liability of not less than One Million Dollars ($1,000,000) property damage each occurrence; such coverage shall include a limit for liability arising from any consequential or indirect losses including without limitation, any delay or loss of use claim.
.1.7 Railroad Protective Liability: If Work performed or provided by Contractor or its Subcontractor(s) required by these Contract Documents includes or involves work that either (i) is within Fifty (50) feet of a railroad, or (ii) will require the District to require a Contractor to purchase Railroad Protective Liability per an agreement with a railroad, than Railroad Protective Liability covering liability must be purchased and maintained and damages arising out of or resulting from Contractor’s or its Subcontractor’s(s’) Work rendered, or which should have been rendered, pursuant to these Contract Documents naming the railroad as required by contract as a named insured and having combined single limits of not less than Five Million Dollars ($5,000,000) for each occurrence and Ten Million Dollars ($10,000,000) in the aggregate applying separately for each annual period for (a) all damages arising out of bodily injuries to or death of one or more persons and (b) all damages arising out of injury to or destruction of property. Such policy shall be written using ISO Form Number CG 00 35 01 07 98 and Pollution Exclusion Amendment Form CG 28 31 07 98 or other form(s) providing equivalent coverage.
.2 PROPERTY INSURANCE
.2.1 The Contractor shall purchase and maintain Property insurance covering construction machinery, equipment, special equipment, falsework, scaffolding, materials, mobile equipment, valuable papers, trailers and tools used or owned by the Contractor in the performance of the Work. The Contractor also agrees to require all tiers of its Subcontractor(s) to insure any and all property listed above used or owned by its Subcontractor(s) in the performance of the Work. Owner shall in no circumstance be responsible or liable for the loss or damage to, or disappearance of, any property listed above used or owned by the Contractor or its Subcontractor(s) in the performance of the Work.
.2.2 The Contractor shall purchase and maintain Property insurance written on a builder's risk "all-risk" or equivalent policy form in the amount of the initial Contract Sum, plus the value of subsequent Change Orders and cost of materials supplied or installed by others, comprising total value for the entire Project on a replacement cost basis. Such Property insurance shall be maintained, unless otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until Final Completion or until no person or entity other than the Owner has an insurable interest in the property required by this section to be covered, whichever is later. In the event these Contract Documents are terminated by either party prior to Final Completion, then Contractor shall take all reasonable measures to protect and preserve Owner’s rights under Property insurance purchased by Contractor pursuant to these Contract Documents. Property insurance purchased pursuant to these Contract Documents shall include interests of the Owner and the Contractor, for the Project as named insureds under such policy.
.1 Contractor’s Property insurance shall be written on an "all-risk" Special Cause of Loss form or equivalent policy form and include, without limitation, insurance against the perils of fire and extended coverage and physical loss or damage including, theft, vandalism, malicious mischief, collapse, earthquake, flood, surface water run-off, windstorm; coverage shall include and extend to testing and startup, temporary buildings, property in transit, off-premises storage for property under construction, land and water pollutant cleanup, delay in start up, extra expense and expediting costs, and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for soft costs, including construction loan fees, commitment fees and marketing expenses, architect and engineers additional fees, consultant fees, lawyer fees, and other professional fees including Engineer's and Contractor's services and expenses required as a result of such insured loss.
.2 The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without the mutual written consent of Owner and Contractor, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance.
.3 If Owner requests in writing that insurance for risks other than those described herein or other causes of loss be included in the Property insurance policy, the Contractor shall, if possible, include such insurance, and the cost thereof shall be charged to the Owner by appropriate Change Order.
.1 Primary Coverage: The insurance coverage to be purchased and maintained by the Contractor and its Subcontractor(s) as required herein shall be primary to any insurance, self-insurance, or self-funding arrangement maintained by Owner which shall not contribute therewith, and there shall be severability of interests under the insurance policies required herein for all coverages provided under said insurance policies and otherwise provide cross liability coverage.
.2 Thirty Days Notice: The insurance coverage required of Contractor and its Subcontractor(s) herein shall incorporate a provision requiring the giving of written notice to Owner at least thirty (30) days prior to the cancellation, non-renewal, material modification of any insurance policy required to be purchased and maintained pursuant to these Contract Documents; this requirement may be satisfied by Contractor and its Subcontractor(s) providing Owner such written notice. Contractor and its Subcontractor(s) shall promptly notify Owner of any change in the A.M. Best Company rating of any insurance company providing the insurance coverage for Contractor or its Subcontractor(s); all such notice shall be issued in accordance with the General Terms and Conditions.
.3 Financial Strength: The insurance coverage required of Contractor and its Subcontractor(s) herein shall be placed and maintained until Final Completion with insurance companies rated at least A-, Financial Size Category of at least VIII, by A.M. Best Company, licensed to do business in Ohio, and where commercially feasible, admitted to do business in Ohio.
.4 Subcontractor(s) Insurance: Contractor shall not sublet or subcontract any part of these Contract Documents without assuming absolute responsibility for requiring and taking actions to know that its Subcontractor(s) (and each Sub-Subcontractor at every tier) purchase and maintain the types of insurance required hereby with the same terms and conditions as herein required of the Contractor and the limits of liability herein required of its Subcontractor(s). Failure of Contractor or its Subcontractor(s) to purchase and maintain insurance for a minimum of five (5) years after Final Completion may be deemed a material breach of these Contract Documents, allowing the Owner, in addition to all other remedies available to Owner under the Contract, at law and/or in equity, to terminate these Contract Documents or to provide insurance at the Contractor’s sole expense, in neither case, however, shall the Contractor’s liability hereunder be lessened.
.5 Notice of Occurrence: Upon Contractor’s knowledge of any actual or alleged occurrence, event, or third-party claim(s) which may result in or give rise to a claim against, liability imposed upon, or loss suffered by Contractor or its Subcontractor(s) which may exceed One Million Dollars ($1,000,000), Contractor shall (i) immediately provide the Owner with written notice of such occurrence, event or third- party claim(s) with reasonable detail; this requirement applies irrespective of when, where, or how the claim, liability, or loss occurred, whether or not the claim, liability or loss relates to or arises from the Work, or the validity or status of such claim, liability or loss, and applies to the entire Contract term and the five years following Final Completion.
.6 Deductibles: Contractor and its Subcontractor(s) shall be responsible for the payment of any and all deductible(s) or retention(s) under the policy or policies of insurance purchased and maintained by each pursuant to these Contract Documents; the deductibles and self-insured retentions existing in the policies required herein must be stated on the certificates of insurance required by these Contract Documents.
.7 Evidence of Insurance: Contractor shall submit to the Owner within ten (10) Calendar Days after Owner’s award of the Contract and prior to the issuance of the Notice to Proceed, certificates of insurance evidencing the effectiveness of the insurance policies required by these Contract Documents. Upon request of the Owner, the Contractor shall submit exact copies of the policies and all endorsements to any such policies within ten (10) calendar days of such request. The Project Site shall be identified on the certificate(s) and shall be delivered pursuant to the General Terms and Conditions.
At any time during the term of these Contract Documents and annually (measured from the issuance of the Notice to Proceed) for a period of five (5) years following Final Completion, the Contractor shall promptly provide certificates of insurance to the Owner evidencing the effectiveness of the insurance coverages required pursuant to these Contract Documents.
All endorsements to or modifications of insurance purchased and maintained by the Contractor and its Subcontractor(s) pursuant to these Contract Documents shall be subject to Owner’s review and final acceptance. Owner’s review, receipt and/or acceptance of any insurance policy purchased and maintained by the Contractor or its Subcontractor(s), or a certificate of insurance evidencing such insurance, shall not constitute nor be deemed to constitute Owner’s approval of such insurance or Owner’s agreement that such insurance satisfies the insurance requirements set forth in these Contract Documents.
.8 Compliance: If any insurance purchased and maintained by the Contractor or its Subcontractor(s) pursuant to these Contract Documents contains a warranty or other clause providing that coverage is null and void (or words to that effect), or otherwise reduced in scope or limit if the Contractor or its Subcontractor(s) does not comply with the regulations or statutes governing the Project, such policy or policies shall be modified or endorsed so that coverage shall be afforded in all cases except for the Contractor’s or its Subcontractor’s(s’) intentional or willful non-compliance with Applicable Laws.
.9 No Limitation: The types and limits of insurance to be purchased and maintained by the Contractor and its Subcontractor(s) pursuant to these Contract Documents shall not be deemed to constitute a limitation of the Contractor’s or its Subcontractor’s(s’) liability hereunder or otherwise, or otherwise to limit or affect the Contractor’s indemnification obligations hereunder; by requiring insurance herein, Owner does not represent or warrant that coverage and limits will be adequate or sufficient to protect the Contractor or its Subcontractor(s).
.10 Purchase of Insurance: If the Contractor or its Subcontractor(s) fail(s) to purchase and maintain, or fails to continue in force throughout the term of these Contract Documents and until Final Completion and where required herein, for the minimum of five (5) years after Final Completion, insurance in the types and with limits of liability required herein, Owner may purchase such insurance and the cost thereof shall be borne by the Contractor, and shall be deducted from any amounts due and owing by the Owner to the Contractor. If such amounts are insufficient, the Contractor agrees to promptly pay the Owner the amount incurred by the Owner to purchase such insurance.
.11 Other Insurance: Any insurance or any increase of limits of liability not described in this document which Contractor or its Subcontractor(s) requires for its own protection shall be its own responsibility and at its own expense and shall not be considered part of the Contract Sum.
.1 Notwithstanding anything to the contrary contained herein, the Contractor and its board members, officers, administrators, members, employees, representatives, agents, and consultants, waive all rights of recovery, and their insurer’s(s’) rights of subrogation against the Owner and its trustees, board members, officers, administrators, members, employees, representatives, agents, and consultants, including Owner’s Engineer, Engineer’s consultants, and Owner’s Consultant for the Project for damages caused by fire or other causes of loss to the extent covered by Property insurance obtained or required to be obtained (whichever is broader) pursuant to these Contract Documents, except such rights as they have to proceeds of such insurance held by the Owner for prompt payment to the payee(s) under the Property insurance. The Contractor and its board members, officers, administrators, members, employees, representatives, agents, and consultants, as appropriate, shall require the Subcontractor(s), Sub-Subcontractors, its board members, officers, administrators, members, employees, representatives, agents, and consultants, of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers by endorsement or otherwise. A waiver of right of recovery or 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.
.2 Notwithstanding anything to the contrary contained herein, the Contractor and its board members, officers, administrators, members, employees, representatives, agents, and consultants, waive all rights of recovery and their insurer’s(s’) rights of subrogation against the Owner and its trustees, board members, officers, administrators, members, employees, representatives, agents, and consultants, including Owner’s Engineer, Engineer’s consultants, and Owner’s Consultant for the Project for any and all loss, liabilities, damages, costs, including defense and indemnity, incurred or arising an occurrence or incident to the extent covered by the insurance policies obtained or required to be obtained (whichever is broader) pursuant to these Contract Documents except such rights they may each have, individually or collectively, to the coverages and proceeds of such insurance. The Contractor and its board members, officers, administrators, members, employees, representatives, agents, and consultants, as appropriate, shall require its Subcontractor(s), 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 policies shall provide such waivers by endorsement or otherwise. A waiver of right of recovery or 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. The provisions of this section WAIVER OF SUBROGATION.2 shall apply to all insurance subject to this agreement except the Professional Liability insurance and Workers’ Compensation purchased and maintained and Property insurance referred to in and that is the subject of section WAIVER OF SUBROGATION.1.
Neither party to this Agreement shall be deemed in default in the performance of its obligations if that party is prevented or delayed from performing by forces beyond its control, (Hereinafter “Force Majeure”) including, without limitation, acts of God or of a public enemy; acts of a municipal, state, federal or other governmental legislative, administrative or judicial entity; any catastrophe resulting from flood, fire, extreme weather conditions, explosion; labor disturbances; and other cause beyond the control of the non-performing party. Contractor may be granted a time extension for its performance based on the duration of the Force Majeure.
In the event of any conflict between the Instructions to Bidders (IB), the General Conditions (GC), the Supplemental General Conditions (SGC) and the Detailed Specifications (DS) of the bid package, the documents shall govern in the following order:
The proposed contract shall be effective upon its execution by the NEORSD and for the purpose of accepting delivery shall continue in full force and effect for the term stated in the contract (or until appropriated and approved funds have been expended) unless otherwise indicated.
The contractor agrees that if the price to the general trade is reduced while the contract is in effect, the NEORSD will receive the benefit of such reduction immediately. However, if the contract price is below the price to the general trade at the time the contract is awarded, the reduction provision will be effective only when the recognized price to the general trade reaches a lower level than the contract price, or when the contractor reduces his own price to a level lower than the contract price.
The Contractor expressly agrees that any other terms or conditions contained in any invoice, quote, acknowledgment, bill of lading, or other document issued by or on behalf of the Contractor shall be of no force or effect and shall not be deemed to amend, modify, or supplement this agreement. No amendment, modification, or waiver of any provision of this Agreement shall be valid or enforceable unless set forth in a written instrument expressly referencing this agreement and executed by a duly authorized representative of the District.
Complete and upload the attached Bid Certification Form
Complete and upload EITHER:
the attached Bid, Performance, and Payment Bond
OR
the attached Certified, Official, or Cashier’s Check AND Consent of Surety
NOTE: If the Bidder submits a Certified, Official or Cashier’s Check as the Bid Guaranty, it must be accompanied by a properly and duly executed Consent of Surety from an approved surety company licensed to do business in the State of Ohio agreeing to furnish the Bond described in General Conditions Section 'Performance Bond' upon the award of the contract. Failure to do so will result in rejection of the bid
Complete and upload the attached Affidavit of BOP Compliance
I understand the two lowest and best bidders will be required to submit additional documents within 72 hours after bid opening, excluding weekends and District holidays. Failure to submit such documents within this timeframe shall be a basis for rejection of the bid.
Bidders may upload these documents now using the below optional questions if desired
The two lowest and best bidders will be required to submit these documents within 72 hours of bid opening. Bidders may upload these documents now if desired
Complete and upload the attached Business Opportunity Program Data Sheets and Good Faith Efforts Checklist
The two lowest and best bidders will be required to submit these documents within 72 hours of bid opening. Bidders may upload these documents now if desired
Complete and upload the attached Listing of Proposed BOP Subcontractors
The two lowest and best bidders will be required to submit these documents within 72 hours of bid opening. Bidders may upload these documents now if desired
Complete and upload the attached Contractor Equal Employment Opportunity Certification
The two lowest and best bidders will be required to submit these documents within 72 hours of bid opening. Bidders may upload these documents now if desired
Complete and upload the attached Non Collusion Affidavit
The two lowest and best bidders will be required to submit these documents within 72 hours of bid opening. Bidders may upload these documents now if desired
Complete and upload the attached Notice of OSHA Violations Report. Bidders must list all OSHA violations and/or citations received within the past five (5) years for any activity performed by the company. If bidder has received no OSHA violations and citations in the time period cited, the bidder shall submit the form with “None” written in the first field.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Upload the Bidder’s safety policy that specifies the precautions taken and/or training administered to protect workers and the public from hazards related to performing the work, including machinery, equipment, and traffic hazards
The two lowest and best bidders will be required to submit these documents within 72 hours of bid opening. Bidders may upload these documents now if desired
Upload the Bidder’s Substance Abuse Policy (see General Conditions – Substance Abuse Policy)
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Upload the Bidder’s completed OSHA 300A – Summary of work-related injuries and illnesses form
(this will affect the insurance clauses)
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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