2-Project Manual.pdf

CITY OF WESTERVILLE

PARKS & RECREATION DEPARTMENT

Project Manual for the

Alkyre Run Wetland and Floodplain Restoration Project

Project No. 2025-205

Project Type: Request for Bids (RFB)

Bid Closing Date and Time Wednesday, November 5, 2025

3:00 PM

Submit To:

Electronic Submissions https://westerville.bonfirehub.com/opportunities/201465

The Q&A period for this opportunity ends: 3:00 p.m. (local time) on October 29, 2025.

Point of Contact for Written Questions:

Laura P. Ball, PLA, ASLA Parks and Facilities Development Administrator Parks & Recreation Department Bids@westerville.org https://westerville.bonfirehub.com/opportunities/201465 mailto:Bids@westerville.org

CITY OF WESTERVILLE

PARKS & RECREATION DEPARTMENT

ALKYRE RUN WETLAND AND FLOODPLAIN RESTORATION PROJECT

PROJECT NO. 2025-205

ADMINISTRATIVE OFFICIALS

Monica Dupee City Manager Matt Yoder Director of Finance Andrew Winkel Director of Law Dave Efland Director of Planning &

Development J.R. Fourqurean Acting Director of Parks &

Recreation

MEMBERS OF COUNCIL

Michael Heyeck Council Chair Megan Reamsnyder Vice-Chair Kenneth L. Wright Mayor Coutanya Coombs Vice-Mayor Aaron Glasgow Member David Grimes Member Jeff Washburn Member

October 8, 2025

CITY OF WESTERVILLE

PARKS & RECREATION DEPARTMENT

350 N. CLEVELAND AVENUE

WESTERVILLE, OHIO 43082

TABLE OF CONTENTS

BIDDING REQUIREMENTS AND FORMS PAGE

Bidders Checklist Notice to Bidders Information to Bidders Federal Procurement Standards and Contracting Provisions Certification Regarding Lobbying Certification Regarding Debarment and Suspension Experience Record Subcontractors Bid Guaranty ……. ........................................................................................................................... …34 Recommended Bid Guaranty Form Bid Schedule

CONTRACT FORMS PAGE

Noncollusion Affidavit Personal Property Tax Affidavit Agreement Fiscal Officer’s Statement Performance Bond and Payment Bond

GENERAL PROVISIONS PAGE

101 Definitions and Terms 102 Bidding Requirements and Conditions 103 Award and Execution of Contract 104 Scope of Work/Changes 105 Control of Work 106 Control of Material 107 Legal Relations and Responsibility to Public 108 Prosecution and Progress of Work 109 Acceptance, Measurement, and Payment

SPECIAL PROVISIONS PAGE

SP 1 Digital Video Recording SP 2 Haul Routes SP 3 Contractor Coordination

SP 4 OEPA NPDES NOI

SP 5 USACE Section 404 Permit

SUPPLEMENTAL SPECIFICATIONS PAGE

011100 Summary of Work

011200 Measurement and Payment 012900 Progress Payment Procedures 013231 Pre-Construction and Post-Construction Inspections 013300 Submittals 014130 SWPPP and Environmental Controls 015000 Temporary Facilities 015500 Access Roads and Parking Areas 017113 Mobilization 017123 Field Engineering 017839 Record Documents

APPENDIX PAGE

Davis-Bacon Act Wage Determination for Delaware County in Ohio

TECHNICAL SPECIFICATIONS PAGE

See Project Plans/Drawings (Bound separately and available on the City’s Bonfire portal in PDF format)

BIDDING REQUIREMENTS

AND FORMS

BIDDERS CHECKLIST

BIDDERS are urged to complete this checklist to confirm that all required documents are included with their BID. Failure to submit the listed documents may result in disqualification of the BID.

Name Type # Files Requirement Included with BID

Provide Later

Bid Guaranty (Surety

Company signature required)

File Type:

PDF (.pdf)

1 Required

Bid Schedule (BIDDER signature required)

File Type:

PDF (.pdf)

1 Required

Certification Regarding Lobbying

File Type:

PDF (.pdf)

1 Optional (needed within two (2) business days of the closing time)

Certification Regarding Debarment and Suspension

File Type:

PDF (.pdf)

1 Optional (needed within two (2) business days of the closing time)

Experience Record File Type:

PDF (.pdf)

1 Optional (needed within two (2) business days of the closing time)

Subcontractors Form File Type:

PDF (.pdf)

1 Optional (needed within two (2) business days of the closing time)

Noncollusion Affidavit File Type:

PDF (.pdf)

1 Optional (needed prior to the issuance of the

NOTICE TO

PROCEED)

Personal Property Tax

Affidavit

File Type:

PDF (.pdf)

1 Optional (needed prior to the issuance of the

NOTICE TO

PROCEED)

NOTICE TO BIDDERS

Bids for the construction of the Alkyre Run Wetland and Floodplain Restoration Project (Project No.

2025-205), will be received by the City of Westerville, Ohio until the closing date and time of 3:00 p.m.

(local time) on Wednesday, November 5, 2025, and will be publicly opened and read immediately thereafter.

The WORK in accordance with the CONTRACT DOCUMENTS, dated October 8, 2025, and any addenda thereto, includes excavating and grading of wetland features, construction of an inlet on Alkyre Run and placement of ODOT Type D rock along the streambank at the inlet location, off-site disposal of excavated soil at an upland location, placement of on-site woody debris within the new and existing wetland features, invasive species treatment, installation of temporary erosion controls, native plantings and seeding, and appurtenances.

ENGINEER’S ESTIMATE for this PROJECT: $190,460.00

Electronic CONTRACT DOCUMENTS are available at no cost via the CITY’s Bonfire Procurement Portal at: https://westerville.bonfirehub.com/opportunities/201465. Vendors new to the CITY’s Bonfire Procurement Portal will need to create a FREE Bonfire account.

A non-mandatory PREBID CONFERENCE will be held on Thursday, October 16, 2025, at 11:00 a.m. (local time) for all BIDDERS. The conference will be held at the Westerville Community Center, 350 N.

Cleveland Avenue, Westerville, Ohio 43082.

All bids must be accompanied by a BID GUARANTY. The recommended form of BID GUARANTY is a BID GUARANTY and CONTRACT Bond in the full amount of the bid, including all add alternates, as prescribed by Section 153.571 of the Ohio Revised Code. Other acceptable forms of BID GUARANTY include a bid bond equal to ten percent (10%) of the bid plus all add alternates. Bid security issued in bond form, shall be issued by a Surety Company or Corporation licensed in the State of Ohio to provide said surety.

If the BID is accepted, a CONTRACT must be executed and a satisfactory Performance/Payment Bond furnished, conditioned according to law in the amount of one hundred percent (100%) of the CONTRACT price, within ten (10) days after notice of award. Sureties on all bonds must be satisfactory to the CITY.

This PROJECT includes Federal funds, via an Ohio EPA pass through subaward grant, and is subject to applicable Federal procurement requirements. As such, the CONTRACTOR and all its SUBCONTRACTORS must follow applicable Federal procurement standards and contracting provisions. All contractors must be eligible for capital projects in which Federal monies are utilized.

This is a Federal prevailing wage project and is subject to the requirements of the Davis‐Bacon Act and the Federal Department of Labor (DOL) regulations. As such, the Contractor and all SUBCONTRACTORS are required to pay wages at rates not less than those prevailing on similar projects within the area as determined by the U.S. Secretary of Labor.

No BIDDER may withdraw their BID for a period of 60 days after the actual BID closing date and time.

The CITY reserves the right not to award a contract and to reject any or all BIDS and to waive any informalities and irregularities. Subject to the right of the CITY not to award a contract and to reject any or all BIDS, the CITY will award a Contract to the BIDDER submitting the lowest and best BID, taking into consideration accepted alternates.

Point of Contact for Written Questions:

Laura P. Ball, PLA, ASLA Parks and Facilities Development Administrator Parks & Recreation Department Bids@westerville.org

Advertise: October 8, 2025 mailto:Bids@westerville.org

INFORMATION TO BIDDERS

PREPARATION AND DELIVERY OF BIDS

BIDS will be received by the CITY of Westerville, Ohio herein called the OWNER, until the closing date and time of 3:00 p.m. (local time) on Wednesday, November 5, 2025.

BIDS must be submitted in electronic format only in accordance with the below submission instructions.

Submission Instructions for Electronic BIDS

Electronic BIDS must be uploaded at:

https://westerville.bonfirehub.com/opportunities/201465

Please review the BIDDERS CHECKLIST and note the type and number of files allowed. The maximum upload file size is 1000 MB.

Please do not embed any documents within your uploaded files, as they will not be accessible or evaluated.

You will not be able to prepare a submission unless you submit ‘Yes’ for your intent to Bid.

As uploading large documents may take significant time, depending on the size of the file(s) and Internet connection speed, it is recommended that the BIDDER allow sufficient time before closing time to begin the upload process and finalize their submission.

Each item of requested information will only be visible to the OWNER after the closing time.

The BIDDER will receive an email confirmation receipt with a unique confirmation number once they finalize their submission.

Minimum system requirements: Microsoft Edge, Google Chrome, or Mozilla Firefox. Javascript must be enabled. Browser cookies must be enabled.

Need Help with an Electronic Submission?

The City of Westerville uses a Bonfire portal for accepting BIDS digitally. Please contact Bonfire at Support@GoBonfire.com for technical questions related to your submission or contact the CITY’s Procurement Manager at Thomas.Patterson@westerville.org for general questions related to your submission.

General Instructions for Electronic BIDS

All BIDS must be submitted on the BID forms provided and receipt of any addenda should be indicated.

All blank spaces shall be filled in, in ink or typed, in figures. The BIDDER shall provide unit prices and/or lump sum prices on the BID SCHEDULE form. Each BIDDER must bid on all items and Alternates https://westerville.bonfirehub.com/opportunities/201465 mailto:support@gobonfire.com mailto:Thomas.Patterson@westerville.org contained in the BID SCHEDULE. BIDDERS may download an electronic copy of the BID SCHEDULE in MS Excel format from the Project Portal. All BIDS not in conformity with this notice may be considered informal and may be rejected. Failure to furnish all information requested on the BID SCHEDULE or other documents requested may result in disqualification of the bid.

It is the sole responsibility of the BIDDER to see that their BID is received by the proper time.

BIDDERS are urged to submit with their BID a completed Certification Regarding Lobbying, Certification Regarding Debarment and Suspension, Experience Record form, and completed Subcontractors form.

INTERPRETATION OF QUANTITIES

When Unit Prices are requested on the BID SCHEDULE, the quantities listed are to be considered approximate and are to be used only for the comparison of the BIDS and as a basis for computing amounts of security of penal sums of BONDS to be furnished. The unit prices to be tendered by the BIDDERS are to be tendered expressly for the scheduled quantities and they may be increased or decreased by duly authorized CHANGE ORDER.

Unless otherwise specified in the CONTRACT DOCUMENTS, the Lump Sum Prices and Unit Prices set forth shall include all trades, materials, supplies, tools, equipment, labor, expertise, supervision, delivery, services, installation, overhead, profit, and any other cost or expense, in connection with or incidental to, the performance of that portion of the WORK to which the prices apply.

Where there is a conflict between the Unit Price and the extension thereof, the Unit Price shall govern and the correct extension of such Unit Price shall be made and such corrected extension shall be used in comparing BIDS.

It is understood that the scheduled quantities of WORK to be done and materials to be furnished may increase, decrease or be deleted entirely after execution of the Agreement.

Payments, except for lump sum BIDS, and except for lump sum items in unit price BIDS, will be made to the CONTRACTOR for the actual quantities only of WORK performed or materials furnished in accordance with the CONTRACT DOCUMENTS.

The successful BIDDER will be further required to furnish the OWNER with a complete breakdown of the labor and material costs associated with unit prices and/or lump sum BID items, to the satisfaction of the ENGINEER, before beginning construction. The unit price and/or lump sum breakdown shall be in sufficient detail to provide a check of claims for partial payment requests.

EXAMINATION OF CONTRACT DOCUMENTS AND WORK SITE

The BIDDER is required to examine carefully the site of the WORK, the BID SCHEDULE, PLANS and SPECIFICATIONS, and to read and acquaint oneself with the Agreement form for the WORK contemplated. The BIDDER, in submitting a BID, warrants that the BIDDER has investigated and is acquainted with the conditions to be encountered for performing the WORK including the character, quality, and quantities of WORK to be performed and materials to be furnished, and the requirements of the CONTRACT DOCUMENTS hereinafter defined. It is mutually agreed that submission of a BID shall be considered satisfied as to all the conditions which will affect the WORK.

INTERPRETATION

The CONTRACT DOCUMENTS contain the provisions required for the construction of the PROJECT.

Information obtained from an officer, agent, or employee of the OWNER or any other person shall not affect the risks or obligations assumed by the CONTRACTOR or relieve the CONTRACTOR from fulfilling any of the conditions of the CONTRACT.

If any person contemplating submitting a BID for the proposed PROJECT is in doubt as to the true meaning of any part of the CONTRACT DOCUMENTS, they may submit a written request for an interpretation thereof to either the Point of Contact identified in the CONTRACT DOCUMENTS or the Project Portal.

The Q&A period for this opportunity ends 3:00 p.m. (local time) on Wednesday, October 29, 2025.

The person submitting the request will be responsible for its prompt delivery. Any interpretation of the CONTRACT DOCUMENTS will be made only by ADDENDUM duly issued, a minimum of 72 hours prior to the BID closing date and time. The CITY will endeavor to have a copy of such ADDENDUM delivered to each person receiving a set of CONTRACT DOCUMENTS; however, it is ultimately the BIDDER’s responsibility to check the CITY’s Bonfire Procurement Portal (https://westerville.bonfirehub.com/opportunities/201465) for verification of any issued addenda. The awarding authority will not be responsible for any other explanations or interpretations of the

CONTRACT DOCUMENTS.

DUTY TO NOTIFY THE CITY OF ERRORS

BIDDERS shall promptly notify the CITY of errors and omissions in the CONTRACT DOCUMENTS which the BIDDER discovers in the exercise of ordinary and reasonable care. The BIDDER’s notification shall be made by submitting a written request for interpretation in accordance with the above paragraph.

The BIDDER’s duty to disclose errors and omissions is not only a bidding requirement but is also a legal requirement that cannot be ignored.

Failure to provide the required notification prior to the BID closing date and time shall constitute a waiver by the CONTRACTOR and shall not obligate the CITY for any costs based upon any apparent or patent ambiguity arising from insufficient data or obvious errors in the CONTRACT DOCUMENTS.

Knowingly withholding information regarding an error or omission in the CONTRACT DOCUMENTS, or intentionally misrepresenting an item of WORK for financial or competitive gain, may result in civil or criminal penalties.

REJECTION OF UNBALANCED BID

The BIDDER is required to BID each item as indicated in THE CONTRACT DOCUMENTS. The CITY reserves the right to reject any materially unbalanced BID. A “materially unbalanced bid” is a BID that contains lump sum or unit prices that do not reflect reasonable labor, equipment, and material costs plus a reasonable proportionate share of overhead and other indirect costs and anticipated profit, and the CITY determines that the Bid may not be in the best interest of its citizens.

BID GUARANTY

All bids must be accompanied by a BID GUARANTY. The recommended form of BID GUARANTY is a BID GUARANTY and CONTRACT Bond in the full amount of the bid, including all add alternates, as prescribed by Section 153.571 of the Ohio Revised Code. Other acceptable forms of BID GUARANTY include a bid bond equal to ten percent (10%) of the bid plus all add alternates. Bid security issued in bond form, shall be issued by a Surety Company or Corporation licensed in the State of Ohio to provide said surety.

WITHDRAWAL OF BIDS PRIOR TO CLOSING DATE AND TIME

Any BID may be withdrawn prior to the above scheduled closing date and time for the submission of BIDS or authorized postponement hereof. Any BID received after the time and date specified shall not be considered.

WITHDRAWAL OF BIDS AFTER CLOSING DATE AND TIME

If for any reason, other than as authorized by the Ohio Revised Code, the BIDDER fails to enter into a CONTRACT, and the CITY awards the CONTRACT to the next lowest BIDDER, the BIDDER and the surety on the BIDDER’s bond are liable to the CITY for the difference between the bid and that of the next lowest bidder, or for a penal sum not to exceed ten percent (10%) of the amount of the bond, whichever is less. If the CITY does not award the CONTRACT to the next lowest BIDDER but resubmits the PROJECT for bidding, the BIDDER failing to enter into the CONTRACT and the surety on the BIDDER’s bond, except as provided in the Ohio Revised Code, are liable to the CITY for a penal sum not to exceed ten percent (10%) of the amount of the BID or the costs in connection with the resubmission of printing new CONTRACT DOCUMENTS, required advertising, and printing and mailing notices to prospective bidders, whichever is less.

PUBLIC OPENING OF BIDS

BIDS will be publicly opened and read immediately after the deadline for the submission of BIDS.

BIDDERS, their authorized agents, other interested parties, and the general public are invited to be present. The public opening of bids will be held at the City’s Walnut Street administrative offices, located at 64 E. Walnut Street, Westerville, Ohio 43081. The public opening will also be shared online via Google Meet. Instructions for joining the Google Meet session will be posted to the City’s website in advance of the public opening.

CONSIDERATION OF BIDS AND AWARD OF CONTRACT

The OWNER shall make such investigations as the OWNER deems necessary to determine the lowest and best BIDDER to perform the WORK. The BIDDER shall furnish to the OWNER all such information and data for this purpose as the OWNER may request. In determining the award, consideration, among other items, will be given to (a) whether BIDDER maintains a permanent place of business, (b) suitability of the BIDDER’S plant and equipment for the WORK, including the amount of subcontracted WORK, (c) BIDDER’S financial status and organization, (d) BIDDER’S record of experience and performance in constructing improvements of this type and (e) lowest BID. The OWNER, in its discretion, may consider and give such weight to these criteria as it deems appropriate. The OWNER reserves the right to reject any BID if the evidence submitted by, or investigation of, such BIDDER fails to satisfy the OWNER that such BIDDER is properly qualified to carry out the obligations of the Agreement and to complete the WORK contemplated therein.

As part of the OWNER’S investigation, the OWNER requires that the BIDDER submit a completed Certification Regarding Lobbying, Certification Regarding Debarment and Suspension, Experience Record form, and Subcontractors form. BIDDERS are urged to include a completed Certification Regarding Lobbying, Certification Regarding Debarment and Suspension, Experience Record form, and Subcontractors form with their BID. If not included with the BID, a completed Certification Regarding Lobbying, Certification Regarding Debarment and Suspension, Experience Record form, and Subcontractors form shall be submitted to the CITY within two (2) business days of the BID Closing Date and Time.

As part of the OWNER’s investigation, the OWNER may require that the BIDDER submit a complete breakdown of the labor and material costs associated with unit prices and/or lump sum BID items.

If alternative bid items are listed in the BID SCHEDULE, the OWNER shall determine the Alternate Items so selected by the OWNER in determining the lowest and best BID. The OWNER reserves the right not to award a contract and to reject any and all BIDS.

In the event that only one (1) lowest and best BID is received, the OWNER reserves the right to establish a fair and reasonable price with the lowest and best BIDDER.

In the event that two (2) or more identical low BIDS are received from potential BIDDERS, the OWNER reserves the right to award the CONTRACT in any manner deemed in the best interest of its citizens or the OWNER may request the submission of a Best and Final Offer from the identical BIDDERS to determine the lowest and best BIDDER.

The OWNER may waive any informalities or minor defects or reject any and all BIDS. The OWNER may hold the BIDS for 60 days after the actual BID Closing Date and Time, and may award the CONTRACT at any time during that period. Should there be reasons why the CONTRACT cannot be awarded within the specified period; the time may be extended by mutual agreement between the OWNER and the

BIDDER.

CANCELLATION OF AWARD

The CITY may cancel a CONTRACT award at any time before all parties sign the CONTRACT without liability to the CITY.

RETURN OF BID GUARANTY

The CITY will retain all bid securities until the CONTRACT has been executed by all parties and the NOTICE TO PROCEED has been issued.

CONTRACT PERFORMANCE BOND AND PAYMENT BOND

A Performance Bond and Payment Bond, each meeting the requirements of Sections 153.54, 153.57, and 153.571 of the Ohio Revised Code, with a Surety qualified to do business in the State of Ohio will be required for the faithful performance of the WORK.

EXECUTION OF CONTRACT

The BIDDER to whom the CONTRACT shall be awarded will be required to execute 2 copies of the CONTRACT on the form included in the CONTRACT DOCUMENTS and to furnish insurance certificates and Workers Compensation certificates as required.

The successful BIDDER will be required to execute and submit the following completed forms, as included in the CONTRACT DOCUMENTS, prior to the issuance of the NOTICE TO PROCEED:

Noncollusion Affidavit and Personal Property Tax Affidavit. BIDDERS are urged to include these documents in their BID.

The NOTICE TO PROCEED shall be issued within 60 days of the execution of the Agreement by the OWNER. Should there be reasons why the NOTICE TO PROCEED cannot be issued within such period;

the time may be extended by mutual agreement between the OWNER and CONTRACTOR. If the NOTICE TO PROCEED has not been issued within a 60-day period or within the period mutually agreed upon, the CONTRACTOR may terminate the Agreement, by duly executed WRITTEN NOTICE without further liability on the part of either party.

FAILURE TO EXECUTE CONTRACT

In case of the BIDDER’s refusal or failure to execute the Contact within ten (10) days after its receipt of formal notice of award, BIDDER may be considered to have abandoned all rights and interests in the award, and the BIDDERS’s BID GUARANTY may be declared forfeited to the OWNER. The award may then be made to the next lowest and best BIDDER or the work re-advertised for BIDS as the OWNER may elect.

RESPONSIBIDOLLITY TO GENERAL PUBLIC

To the extent authorized by law, CONTRACTOR shall indemnify and hold harmless the CITY, its officers, elected officials, agents and employees from and against all claims, damages, losses and expenses including attorney’s fees arising out of or resulting from the CONTRACTOR’s performance, provided that any such claims, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom;

and is caused in whole or in part by any negligent or willful act or omission of the CONTRACTOR, subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable.

CONTRACTOR agrees that in the hiring of employees for the performance of work under this CONTRACT or any subcontract, no CONTRACTOR, subcontractor, or any person acting on their behalf shall, by reason of race, color, religion, sex, national origin, age, familial status, military status, disability, pregnancy, sexual orientation, gender identity, or gender expression, or any prohibition provided by Federal or state law, discriminate against any citizen of the State in the employment of labor or workers who are qualified and available to perform the work to which the employment relates, nor shall the CONTRACTOR, subcontractor, or any person acting on their behalf, in any manner, discriminate against or intimidate any employee hired for the performance of work under the CITY’s CONTRACT on account of race, color, religion, sex, national origin, age, familial status, military status, disability, pregnancy, sexual orientation, gender identity, or gender expression, or any prohibition provided by Federal or state law.

INSURANCE

The CONTRACTOR and the CONTRACTOR’S subcontractors shall secure and maintain Liability and Property Damage Insurance (1) in an amount not less than One Million Dollars ($1,000,000) for bodily injuries, including wrongful death, to any one person, subject to the same limit for each person, in an amount not less than Two Million Dollars ($2,000,000) for bodily injury damages for any one accident;

and (2) in an amount not less than One Million Dollars ($1,000,000) for property damages on account of one accident and in an amount not less than Two Million Dollars ($2,000,000) for damages for all accidents. Greater amounts shall apply, where required by law. If the CONTRACTOR and the CONTRACTOR’S subcontractors maintain higher limits than the minimums shown above, the CITY shall be entitled to coverage for the higher limits.

The Insurance policies secured in compliance with the above requirements shall be with acceptable insurance companies authorized to do business in the State of Ohio and shall bear endorsements extending automatic coverage on all operations of the CONTRACTOR incidental to the performance of the WORK to be done under this CONTRACT, whether such operations are listed in the insurance contracts or not, and whether the WORK is being done at the site of the project or not. The OWNER shall be named as an additional insured. The CONTRACTOR will be required to submit a Certificate of Insurance and a current Worker’s Compensation Certificate to the OWNER prior to the execution of the Agreement.

COMPLIANCE WITH APPLICABLE LAWS

All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the PROJECT shall apply to the CONTRACT throughout.

In performing the WORK, CONTRACTOR shall comply with all applicable laws, rules, regulations, codes and ordinances, including but not limited to the U.S. Department of Labor “Safety and Health Regulations for Construction” identified as Chapter XVII of Title 29, Code of Federal Regulations (CFR) Part 1926 (formerly Part 1518) and subsequent amendments.

In performing the WORK, CONTRACTOR shall comply with all applicable U.S. EPA quality assurance requirements that address environmental data operations, including environmental or scientific data and information collection, production, or use. Environmental data operations include the acquisition, generation, compilation or use of environmental data and technology. When collecting and managing environmental data under this Agreement, the CONTRACTOR shall protect the data by following all applicable Ohio cybersecurity law, rules and requirements.

In performing the WORK, CONTRACTOR shall comply with and/or assist the CITY and Ohio EPA in compliance with, all applicable:

i. State of Ohio Executive Orders,

ii. Ohio Department of Commerce Prevailing Wage Guidelines regarding prevailing wages, deductions, worker compensation, taxes, social security and unemployment, compensation, and any contributions thereto,

iii. Flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance under certain conditions,

iv. Environmental standards which may be prescribed pursuant to the following:

a. Institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order 11514,

b. Notification of violating facilities pursuant to Executive Order 11738,

c. Protection of wetlands pursuant to Executive Order 11990,

d. Evaluation of flood hazards in flood plains in accordance with Executive Order 11988,

e. Assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.),

f. Conformity of Federal actions to State Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§ 7401 et seq.),

g. Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523), and

h. Protection of endangered species under the Endangered Species Act of 1973, as amended (P L. 93-205),

v. Requirements of the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers systems,

vi. Requirements of Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties) and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§ 469a- 1 et seq.),

vii. Requirements of Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, and national origin, including limited English proficiency (LEP),

viii. Provisions of Section 504 of the Rehabilitation Act, codified in 40 CFR Part 7, which includes an obligation to provide individuals with disabilities reasonable accommodations and an equal and effective opportunity to benefit from or participate in a program, including those offered through electronic and information technology (“EIT”),

ix. Requirements of Age Discrimination Act of 1975 (29 U.S.C. §§ 6101- et seq.), and

x. Requirements of 2 CFR Part 200 and 1500, including appendices and U.S. EPA directives to the States and passthrough entities.

The CONTRACTOR shall comply with all applicable Federal, state, local laws, regulations (rules, ordinances), assurances, circulars, and orders whether or not specifically set forth or referenced in this Agreement.

In submitting a BID, the CONTRACTOR affirms it has and will maintain a written affirmative action program for the employment and effective utilization of economically disadvantaged persons, as referred to in R.C. 122.71(E)(1). Annually, each such contractor shall file a description of the affirmative action program and a progress report on its implementation with the equal employment opportunity office of the department of administrative services. The CONTRACTOR affirms that it has read and understands the Revised Code sections, and if applicable, shall abide therewith in the performance of this Agreement.

The CONTRACTOR agrees that it is currently in compliance and will continue to adhere to the requirements of the Ohio Ethics Law as provided in Section 102.03 and 102.04 of the Ohio Revised Code.

The CONTRACTOR shall not perform services under this agreement outside the United States, or purchase services from or investments in Russian institutions and companies. Failure to meet this requirement shall be treated as a material breach of this Agreement.

SALES AND INCOME TAXES

Materials to be incorporated in the WORK may be purchased by the CONTRACTOR free of Ohio State sales tax.

The successful BIDDER will be required to withhold all CITY income taxes due or payable under the provisions of the Income Tax Ordinance, for wages, salaries, and commissions paid to its employees and further agrees that any of its subcontractors shall be required to agree to withhold any such CITY income taxes due under said chapter for services performed under this CONTRACT.

WORK SCHEDULES

All work schedules must be presented to the ENGINEER’S office a minimum of one week prior to the pre-construction meeting. Any deviations from the work schedule submitted to the ENGINEER’S office must be acceptable to the ENGINEER.

PUBLIC RECORDS

In entering into a contract with the CITY of Westerville, Ohio (or responding to a CITY solicitation), all BIDDERS are hereby notified that all BIDs, proposals, quotations, RFI responses, agreements, invoices, correspondence and any other documents submitted to the CITY become public property and are subject to public disclosure in accordance with Ohio Public Records Law. All public records will be made available upon request, at the earliest time permitted by law.

FEDERAL PROCUREMENT STANDARS AND CONTRACTING PROVISIONS

This PROJECT includes Federal funds and is subject to applicable Federal procurement requirements.

As such, the CONTRACTOR and all its SUBCONTRACTORS must follow applicable Federal procurement standards and contracting provisions. All contractors must be eligible for capital projects in which Federal monies are utilized.

PREVAILING WAGES

This is a Federal prevailing wage project and is subject to the requirements of the Davis‐Bacon Act and the Federal Department of Labor (DOL) regulations. As such, the CONTRACTOR and all SUBCONTRACTORS are required to pay wages at rates not less than those prevailing on similar projects within the area as determined by the U.S. Secretary of Labor.

CONFLICTING REQUIREMENTS

Where conflicts exist between Federal, state and local requirements, Federal requirements shall prevail shall prevail, or where applicable, whichever requirement is more restrictive.

FEDERAL PROCUREMENT STANDARDS AND CONTRACTING PROVISIONS

CONTRACTING WITH SMALL BUSINESSES, MINORITY BUSINESSES, WOMEN’S BUSINESS ENTERPRISES, VETERAN-OWNED BUSINESSES, AND LABOR SURPLUS AREA FIRMS

The CONTRACTOR should take all necessary affirmative steps to assure that small businesses, minority businesses, women's business enterprises, veteran-owned businesses, and labor surplus area firms (See U.S. Department of Labor's list) are used as subcontractors when possible.

Such consideration means:

1. These business types are included on solicitation lists;

2. These business types are solicited whenever they are deemed eligible as potential sources;

3. Dividing procurement transactions into separate procurements to permit maximum participation by these business types;

4. Establishing delivery schedules (for example, the percentage of an order to be delivered by a given date of each month) that encourage participation by these business types;

5. Utilizing organizations such as the Small Business Administration and the Minority Business

Development Agency of the Department of Commerce.

DOMESTIC PREFERENCES FOR PROCUREMENTS

To the greatest extent practicable and consistent with law, the CONTRACTOR shall provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards, contracts, and purchase orders under Federal awards.

For the purposes of this section:

1. “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

2. “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

3. For this infrastructure project, the CONTRACTOR must implement and adhere to the Buy America preferences as set forth in 2 CFR part 184, requiring all of the iron, steel, manufactured products, and construction materials incorporated into the project to be produced in the United States.

PROCUREMENT OF RECOVERED MATERIALS

In the performance of the project, the CONTRACTOR must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 as amended, 42 U.S.C. 6962. The requirements of Section 6002 include procuring only items designated in the guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

In the performance of the project, the CONTRACTOR should, to the greatest extent practicable and consistent with law, purchase, acquire, or use products and services that can be reused, refurbished, or recycled; contain recycled content, are biobased, or are energy and water efficient; and are sustainable. This may include purchasing compostable items and other products and services that reduce the use of single-use plastic products. See Executive Order 14057, section 101, Policy.

EQUAL EMPLOYMENT OPPORTUNITY

During the performance of this CONTRACT, the CONTRACTOR agrees as follows:

(1) The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but 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. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

(2) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

(3) The CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the CONTRACTOR's legal duty to furnish information.

(4) The CONTRACTOR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the CONTRACTOR's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

(5) The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

(6) The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

(7) In the event of the CONTRACTOR's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

(8) The CONTRACTOR will include the portion of the sentence immediately preceding paragraph

(1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The CONTRACTOR will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a CONTRACTOR becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States.

The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of CONTRACTOR and SUBCONTRACTORS with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

DEBARMENT AND SUSPENSION

Under Federal Award, a contract award must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.”

1) This CONTRACT is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the CONTRACTOR is required to verify that none of the CONTRACTOR’S principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

2) The CONTRACTOR must comply with 2 C.F.R. pt. 180, subpart C and2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. As such, the CONTRACTOR shall verify that its principals, affiliates, and SUBCONTRACTORS are eligible to participate in this federally funded contract and are not presently declared by any Federal department or agency to be:

a) Debarred from participation in any federally assisted Award;

b) Suspended from participation in any federally assisted Award;

c) Proposed for debarment from participation in any federally assisted Award;

d) Declared ineligible to participate in any federally assisted Award;

e) Voluntarily excluded from participation in any federally assisted Award; or

f) Disqualified from participation in any federally assisted Award.

3) By signing and submitting its BID, PROPOSAL, or CONTRACT, the BIDDER, proposer, or CONTRACTOR certifies as follows:

The certification in this clause is a material representation of fact replied upon by the City of Westerville. If it is later determined by the City of Westerville that the BIDDER or proposer knowingly rendered an erroneous certification, in addition to remedies available to the City of Westerville, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The BIDDER, proposer, or awardee agrees to comply with the requirements of 2 CFR pt.

180 and 2 CFR pt. 3000 while this offer is valid and throughout the contract period. The BIDDER, proposer, or CONTRACTOR further agrees to include a provision requiring such compliance in its resulting subcontracts or subrecipient agreements.

The CONTRACTOR agrees to register with the System for Award Management (SAM) (https://www.sam.gov) and include a provision in all subcontracts or subrecipient agreements requiring SUBCONTRACTORS to register with the System for Award Management (SAM).

PREVAILING WAGES: DAVIS-BACON ACT

When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

This project includes Federal funds and is subject to the requirements of the Davis‐Bacon Act and the Federal Department of Labor (DOL) regulations. As such, the CONTRACTOR and all SUBCONTRACTORS are required to pay wages at rates not less than those prevailing on similar projects within the area as determined by the U.S. Secretary of Labor. All contractors must be eligible for capital projects in which Federal monies are utilized.

The current prevailing wage determination issued by the Department of Labor is available in the Appendix at the back of this Project Manual.

Further, compliance with the Copeland “Anti-Kickback” Act is required.