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Conditions Precedent for Execution of a Construction Contract

In accordance with the General Conditions, Section 6.1: Conditions Precedent for Execution of Contract of the Instruction to Bidders found in the State of Ohio Standard Requirements for Public Facility Construction, the successful (lowest responsive and responsible) Bidder must submit the following items before executing a Construction Contract with Kent State University:

Bid Guaranty and Contract Bond, and to support the Bond, a Certificate of Compliance issued by the Ohio Department of Insurance, showing the Surety is licensed to do business in Ohio;

Ohio Workers' Compensation Certificate;

Certificate of Construction Compliance with Affirmative Action Programs, issued by the Ohio Department of Administrative Services, Equal Opportunity Division under Section 9.47, ORC;

Certificate of Insurance (ACORD form is acceptable) and copy of additional insured or loss payee endorsement. Kent State University reserves the right to request and receive a certified copy of the Contractor's insurance policies;

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

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

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

Evidence that the Bidder is enrolled in and in good standing in a Drug-Free Safety Program approved by the Ohio Bureau of Workers’ Compensation;

Bidder’s Bid Information must be stored in the Owner’s offsite Escrow account for applicable contracts greater than $2,000,000.00. The Bidder shall sign and abide by the Bid Information Escrow Agreement and Affidavit;

By submitting a bid, Bidder warrants that it is not now, and will not become subject to an unresolved findings for recovery under 9.24, Ohio Revised Code (ORC), prior to the award of any Contract arising out of this Project, without notifying the Department of such findings. ORC Section 9.24 prohibits the State from awarding a Contract to any Bidder again whom the Auditor of State has issued findings for recovery if the findings for recovery are unresolved at the time of award;

Evidence acceptable to Kent State University of the Bidder’s participation in contracting with certified EDGE Business firms for the project, evidence acceptable to the university of the Bidder’s good faith effort to contract with certified EDGE Business Enterprise companies for the Project, or evidence acceptable to the university of both;

The Bidder shall provide evidence acceptable by Kent State of the registration of all apprentices who the Bidder or its Subcontractors intend to employ on the Project, pursuant to ORC Section 4115.05.

Reference the Web Sites of Agencies that Regulate the University's Design and Construction Projects.
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