3-RFP265X901162 Columbia Tusculum Fiber Project.pdf

Request For Proposals

Columbia Tusculum Fiber Project

RFP265X901162

ISSUE DATE: April 3, 2026

Due on or before 4:00 PM ET on April 24, 2026

BUYER OF RECORD: Maria Gadomski maria.gadomski@cincinnati-oh.gov

COMMODITY CODE(S): 92517 – Civil Engineering (Including Traffic Engineering)

REQUESTING AGENCY: Department of Transportation and Engineering – DOTE

ACCEPTANCE PLACE: https://cincinnati-oh.bonfirehub.com/

All proposals must be submitted electronically via the City’s Bonfire portal at the above link. Responses submitted by hard copy, mail, or e-mail will not be accepted.

See “RFP Submissions” for more details.

Office of Procurement Two Centennial Plaza

805 Central Avenue, Suite 234 Cincinnati, Ohio 45202-1947 mailto:maria.gadomski@cincinnati-oh.gov https://cincinnati-oh.bonfirehub.com/

Table of Contents

I. REQUEST – Pages 3-9

II. CONTENT AND FORM OF SUBMISSIONS – Pages 10-11

III. REQUIRED & MISCELLANEOUS FORMS – Page 12

IV. CONTRACT TERMS AND CONDITIONS – Pages 13-21

I. REQUEST

INTRODUCTION

The City of Cincinnati, Ohio, (hereinafter referred as “City”) is issuing this Request for Proposals (hereinafter "RFP") pursuant to the provisions of the Cincinnati Municipal Code (CMC), Chapter 321 and City Manager Administrative Regulation 23 for Professional Services, from parties, (hereinafter "Offerors). The Offeror shall replace the City’s existing failing, locally controlled master system with a fiber optic communications network to allow for the existing traffic signals within the project limits to communicate with DOTE’s Computerized Traffic Control System (CTCS). The design consultant is to design this fiber optic network and produce a detailed PS&E package which, upon completion, can be bid out for construction.

GENERAL BACKGROUND AND INFORMATION

The Department of Transportation & Engineering (DOTE) stewards the construction, maintenance and preservation of the City’s public streets, bridges, sidewalks and bike paths. The department owns and manages roadways, sidewalks, public steps, traffic signal system, streetlights and a general aviation airport serving corporate, private and charter aircraft. DOTE’s overall mission is to improve mobility and safety in each of Cincinnati’s 52 neighborhoods. Within DOTE, the division of Traffic Engineering is responsible for the overall design and functionality of the traffic signal system, streetlights, pavement markings and signage.

The City of Cincinnati traffic signal system includes approximately 800 traffic signals, of which over 18 are within the project limits. Currently, these signals are decentralized, meaning that in order to maintain vehicular progression, groups of traffic signals are synchronized through the use a local master controller using antiquated equipment. Given the antiquated nature of the components of this system, it does not allow for communication of the individual intersection controllers back to the CTCS (Computerized Traffic Control System). The installation of a more modern system through this project will enhance the overall efficiency and operation of the system, including traffic monitoring cameras, as well as future “Smart City” implementation.

The goal of the Columbia Tusculum Fiber Project is to upgrade the existing interconnect system to allow for the communication of the intersection traffic signal controllers to the CTCS through the installation of fiber optic cabling and any associated components. This fiber optic cable will be primarily run aerially along Duke Energy owned wood pole lines within the project boundary, although underground pathways may also be required. The use of fiber requires the installation of new controller timers within existing controller cabinets at all signals within the project boundary. This project will also include the installation of PTZ cameras for traffic monitoring in coordination with the City of Cincinnati Police Department (CPD) camera system. Coordination will be required with CPD to determine locations they would like cameras installed. This project will be connecting to the existing Zone 12 fiber network in Mt. Lookout Square and at Eastern & Linwood with the goal of adding redundancy to both the existing and new systems (see attached map).

The intent of this RFP is to solicit proposals for qualified firms to act as design consultant for the Columbia Tusculum Fiber Project and produce a detailed PS&E package which, upon completion, can be bid out for construction. The City will enter into a contract with the Offeror selected through the RFP process. The Department of Transportation & Engineering will manage the selection process.

SCOPE OF SERVICES/SPECIFICATIONS

The Offeror must have the demonstrated capability in engineering and management to provide a broad range of services. Services to be provided by the offeror include, but are not limited to the following:

Development Phase

• Preliminary field work, including survey of existing equipment, routing of existing master/twisted pair, etc.

as necessary to complete scope

• Inventory/verification of existing signal control equipment, including cabinetry and signal head types

• Analyze DOTE’s existing communication networks, particularly the existing Zone 12 network to ensure the new system successfully integrates with the existing system and redundancy can be achieved

• Coordinate with the City of Cincinnati Enterprise Technology Solutions (ETS) department for proposed connection points to the metropolitan area network

• Determination of preliminary route of fiber optic cable to all project intersections and any City owned locations to access the City’s Metropolitan Area Network (MAN), including any underground that may be required

• Develop the IP network and subnetwork schemes for the proposed system

• Investigation of existing underground utilities to avoid conflicts with any proposed underground work, including any proposed conduit and poles.Creation of Stage 1 documents by 11/1/2026

• Evaluate wireless options, particularly for dead end signals

Design Phase

• Preparation of bid documents, including plans, specifications and a construction estimate

• Finalize routing of fiber optic cable to all project intersections, including detailing pathway into city-owned facilities to technology closets

• Assignment of IP’s of all new equipment requiring IP addresses, including layer 2 and layer 3 switches, controllers, and PTZ cameras

• Creation of Stage 3 documents by 2/1/2027 and Final PS&E documents by 4/1/2027

Construction Oversight/Administration

• General oversight/administration during construction of project, from pre-construction meeting with the contractor through testing

• Submittal and RFI review

• Change order pricing review

This set of tasks is not meant to be exhaustive and any work necessary not included in this basic outline should be clearly documented and included in the detailed scope of services. Coordination with City

Telecommunications, Duke Energy, other utilities, and various city departments will be required.

QUALIFICATIONS

Offerors and their subconsultants must be pre-qualified with the Ohio Department of Transportation in the following areas:

• Traffic Signal System Design, plus the following experience. Include in the submitted proposal specific project examples demonstrating experience in this area.

o Experience in the development and design of a fiber network for the purposes of signal network infrastructure

• Basic Traffic Signal Design

• Safety Study

• Limited Highway Lighting Design

• Non-Complex Road Design

• Cost Accounting System

These pre-qualifications shall be active when proposals are submitted and shall be maintained for the duration of the contract.

Proposed Key Personnel for the Offeror shall also have experience in the development and design of related projects. Provide specific project examples demonstrating their experience in this area.

EXHIBIT A

Exhibit A is provided as a separate attachment to this project identified as the Columbia Tusculum Fiber Project

Map.

TERM

The term of this Agreement shall commence on the effective date and shall continue for a period of two (2) years thereafter. Any optional renewal terms shall be subject to mutual agreement of the parties and finalized during contract negotiations.

EVALUATION CRITERIA

• 30 Points | Technical Approach & Methodology

Evaluation of the Offeror’s proposed approach to performing the services outlined in the RFP. This includes the clarity, feasibility, and effectiveness of the methodology; demonstrated understanding of the project requirements; and the ability to deliver high-quality results in accordance with the City’s needs.

• 30 Points | Experience & Expertise

Evaluation of the Offeror’s relevant experience and demonstrated expertise in providing similar services.

Consideration will be given to past performance, successful completion of comparable projects, and depth of knowledge in the subject matter.

• 20 Points | Qualifications of Key Personnel Assigned to Project

Evaluation of the qualifications, experience, and roles of key personnel assigned to the project. This includes the team’s overall capability, relevant certifications or credentials, and the extent to which assigned staff are well-suited to successfully perform the work.

• 10 Points | Cost and Budget

Evaluation of the overall cost proposal, including competitiveness, clarity, and reasonableness of pricing.

Consideration will be given to the level of detail provided, alignment with the proposed scope of work, and overall value to the City.

• 10 Points | Economic Inclusion

Evaluation of the Offeror’s commitment to economic inclusion in accordance with the City’s goals. This includes participation by certified MBE/WBE/SBE firms, demonstrated good faith efforts, and/or submission of any required inclusion .

SUBCONTRACTING GOAL

The MBE subcontracting goal for this RFP is 2%. The WBE subcontracting goal for this RFP is 5% One of the factors the City uses to determine the most advantageous offer is whether an Offeror subcontracted the minimum percentage of its bid to qualified City-certified M/WBEs. Failure to meet or exceed the subcontracting participation level may cause a proposal to be rejected as non-responsive.

The “MBE/WBE Inclusion Packet” which includes the applicable forms to be completed and included with the proposal is available at the following webpage: https://www.cincinnati-oh.gov/inclusion/forms/bid-proposal-forms/. When on the aforementioned webpage, please click on the weblink called “MBE/WBE Inclusion Packet” to download and access the appropriate forms.

Offeror is responsible for verifying that each M/WBE to be used on a contract is certified by the DEI as of the proposal due date. The M/WBEs named must be certified to provide the services that they are listed to perform, and the services must be required as part of the work on this contract. A directory of certified M/WBEs is available online at https://cincinnati.diversitycompliance.com or at the offices of DEI.

https://www.cincinnati-oh.gov/inclusion/forms/bid-proposal-forms/ https://www.cincinnati-oh.gov/inclusion/forms/bid-proposal-forms/ https://cincinnati.diversitycompliance.com/

TIMETABLE

Milestones for the process are: Date

1. Release of RFP 04/03/2026

2. Deadline for written questions 04/13/2026

3. Submissions Due in Bonfire 04/24/2026

LATE SUBMISSIONS WILL NOT BE ACCEPTED

4. City initiates negotiations with preferred Offeror (approx.) 06/01/2026

QUESTIONS CONCERNING THE RFP

All questions or requests for clarification must be submitted in writing no later than April 13, 2026 at 11:00 am ET. Questions and clarification requests may be emailed to the buyer of record indicated on the cover page of this RFP, or submitted through the Bonfire portal at https://cincinnati-oh.bonfirehub.com/. If emailing, please reference “RFP265X901162 Columbia Tusculum Fiber Project” in the subject field of the message.

Questions received after the designated period may not be considered. Any response made by the City will be provided in writing via Addendum.

Offerors are strictly prohibited from contacting any other City employees or any third-party representatives of the City on any matter having to do with this RFP. All communications regarding this RFP must be made to the City’s contact person, or any other City representatives designated by the Chief Procurement Officer in writing.

PREVENTING UNFAIR COMPETITIVE ADVANTAGES

Fairness and transparency in the procurement process require that Offerors competing for a specific project do not derive a competitive advantage from having provided services related to the project/contract/work assignment in question. To that end, pursuant to Administrative Regulation No. 62 and the City’s RFP Manual, a firm, and each of its affiliates, hired to provide services for the preparation or implementation of a project shall be disqualified from any subsequent procurement solicitation to provide goods, works, or services resulting from or directly related to the firm’s services for such preparation or implementation, unless an exception is made by the City Manager in writing.

RFP SUBMISSIONS

The Offeror shall develop a written response to this RFP structured to comply with Section II of this RFP.

While each submission will be considered objectively, the city assumes no obligation to accept to take action on any submission. The City assumes no liability for any costs incurred in preparing or submitting any submission.

Responses to this RFP must be submitted through the City’s Bonfire portal at https://cincinnati-oh.bonfirehub.com/. Responses submitted by hard copy, mail, or e-mail will not accepted.

Important notes:

• Logging in and/or uploading your file(s) does not mean your response is submitted. Offerors must successfully upload all file(s) and must click the submit button before closing time.

• You will receive an email confirmation receipt with a unique confirmation number once you finalize your submission. This will confirm that you have successfully submitted your response.

• If a requested file is mandatory, you will not be able to complete your submission until the requirement is met.

• Uploading large documents may take time, depending on the size of the file(s) and your internet connection speed.

• Please note the type (.doc, .pdf, etc.) and number of files (one only or multiple) allowed. The maximum file size for upload is 1,000 MB. Please do not embed any documents within your uploaded files as they https://cincinnati-oh.bonfirehub.com/ will not be accessible or evaluated.

For technical questions or issues related to your submission, please contact Bonfire directly at support@gobonfire.com or 1 (800) 354-8010, ext. 2. The support team is available Monday-Friday, 8:00 a.m. – 8:00 p.m. ET. You can also visit their help forum at https://bonfirehub.zendesk.com/hc.

Submissions can be withdrawn at any time until the deadline date, at which time submissions will be considered firm and become the property of the City and will not be returned. Offeror must login to Bonfire to withdraw their submission through the system. If resubmitting, Offeror is responsible for submitting prior to the closing time and receiving a new email confirmation receipt. By responding to this RFP, Offerors waive any challenge to the City’s decisions.

PUBLIC RECORDS REQUIREMENTS

By submitting this response, Offeror acknowledges that the City is governed by the Ohio Public Records Laws.

Notwithstanding any statement to the contrary, the City’s handling of any confidentiality obligations is subject to the limitations of this paragraph. Offeror’s submission may be subject to disclosure under the Ohio Public Records Laws. The City shall have no duty to defend the rights of Offeror or any of its agents or affiliates in any records requested to be disclosed. Confidential proprietary material must be clearly identified by the Offeror as "trade secret" and easily separable from the rest of the submission. The Offeror recognizes and agrees that the City is not responsible or liable in any way for any losses that the Offeror may suffer from the disclosure of information or materials to third parties.

Upon receipt of a public records request for which any document clearly marked by Offeror as “Trade Secret” is responsive, the City will notify Offeror of its intent to release records to the requestor. Offeror shall have a maximum of five (5) business days beginning with the date it receives notification to respond to the City by either accommodating the requestor or pursuing legal remedies to stop the City’s release of requested information.

Said notification shall relieve the City of any further obligation under any claim of Offeror or any of its agents or affiliates in any jurisdiction in connection with the disclosure of such records. Offeror and its agents and affiliates shall have the right to pursue legal and/or equitable remedies to stop or limit disclosure at their sole expense.

SELECTION PROCESS

Selection of a preferred Offeror(s) and subsequent award(s) of contract(s) will comply with City Administrative Regulation No. 23 and the Cincinnati Municipal Code (CMC). The City will award a contract(s) to the successful Offeror(s) considering the total requirements for this procurement and what is “Most Advantageous to the City” in accordance with CMC Chapter 321.

The City’s Selection Committee will review and evaluate all properly submitted proposals that are received on or before the deadline. The Selection Committee will submit its finding to the Chief Procurement Officer as to which proposal(s) is/are “Most Advantageous” to the City taking into consideration price and evaluation factors set forth below. The Chief Procurement Officer will review the Selection Committee’s findings and will then submit a recommendation to the City Manager who will make the award for the City pursuant to CMC Section 321-65.

The City reserves the right to ask for additional information and clarification from or about any or all of the Offerors. The City may require selected Offerors to make an oral presentation of their submission.

PROCESS FOR ENTERING INTO AGREEMENT

The Offeror(s) whose submission(s) is/are found to be the "Most Advantageous" to the City of Cincinnati will be offered the opportunity to negotiate with the intent to enter into an Agreement with the City. The scope, terms and conditions of that Agreement shall be in substantial conformance with the terms, conditions and specifications described in this RFP and with the proposal that is submitted by the Offeror(s) whose submission(s) is/are found to be the "Most Advantageous" to the City.

mailto:support@gobonfire.com https://bonfirehub.zendesk.com/hc

Offerors should be prepared to begin contract negotiations upon submitting. If the Offeror is not able to begin contract negotiations, the City may disqualify that Offeror.

The City reserves the right to negotiate the Agreement to include any portion or portions of the services described in this RFP. The City reserves the right to reject any and all responses in total or by components.

The City reserves the right to make one total award, one award for each section, multiple awards, or a combination of awards, and to exercise its judgment concerning the selection of one or more submissions, the terms of any resultant agreement(s), and the determination of which, if any, submission(s) is/are Most Advantageous to the City, as a result of this RFP process.

ADDITIONAL INFORMATION

The City reserves the right to check all references furnished and consider responses received in determining the award.

The City reserves the right to perform investigations as may be deemed necessary by the City to assure that competent persons will be and are utilized in the performance of the Agreement and to verify the accuracy of the contents of proposals.

The City publishes information on the City of Cincinnati Internet web site at www.cincinnati-oh.gov, which includes the Cincinnati Municipal Code.

CONTRACTOR REGISTRATION

The Offeror awarded the contract shall be a registrant under Vendor Self Service (VSS) at time of award. Go to https://vss.cincinnati-oh.gov/vssprod/Advantage4 to register.

EQUAL EMPLOYMENT OPPORTUNITY

The Contractor shall be subject to the provisions of the City of Cincinnati Municipal Code Chapter 325, regarding

Equal Employment Opportunity (EEO). The EEO Program requires the Contractor awarded the contract to complete and submit a DEI 147 form. The DEI 147 form is designed to provide an evaluation of the Contractor’s policies and practices relating to the extension of equal employment opportunity to all persons without regard to race, religion, color, sex, sexual orientation, gender identification, national or ethnic origin, age, handicap, or

Vietnam military service.

Failure to comply with the City’s request for submission of the DEI 147 form within ten (10) days of the date of the request will be sufficient cause to reject the proposal due to the Contractor being nonresponsive.

AMERICANS WITH DISABILITIES ACT

The City of Cincinnati is committed to supporting the Americans with Disabilities Act. Please contact the City’s

Office of Aging and Accessibility if you require any special accommodation.

CONTRACTOR’S COVENANT OF NON-DISCRIMINATION

Pursuant to the City of Cincinnati’s policy of non-discrimination, specifically in its purchasing and contracting practices and as a condition of contract award, we covenant, represent and warrant that:

• We will not discriminate against small business enterprises on the basis of race, ethnicity, gender or disability in the process of contracting, subcontracting and purchasing.

• We will use good faith efforts to promote opportunities for small business enterprises to participate in and compete for opportunities to the extent of their availability and capacity.

• We will submit to ongoing monitoring by and submittal of reports to the City’s Department of Economic http://www.cincinnati-oh.gov/ https://vss.cincinnati-oh.gov/vssprod/Advantage4

Inclusion.

• We will submit to investigations and/or audits by the Department of Economic Inclusion in connection with routine monitoring or as a result of specific allegations of discrimination.

TAXPAYER IN GOOD STANDING

Vendors awarded a contract should be a Taxpayer in Good Standing with the City of Cincinnati. To verify your firm’s standing and receive a verification letter, contact the city’s Income Tax Division. The Taxpayer in Good Standing Request form can be found at https://docs.cincinnati-oh.gov/form/coc/TaxpayerGoodStanding. Please allow three (3) business days for processing after receipt of your request.

https://docs.cincinnati-oh.gov/form/coc/TaxpayerGoodStanding

Section II – Content and Form of Submissions

Proposals shall be signed and submitted by an individual possessing the requisite legal authority to bind the respondent to the terms, conditions, and obligations set forth in this solicitation. Any proposal submitted by an individual lacking such authority may be considered non-responsive and subject to rejection.

Offerors must submit an electronic version as a PDF file. Proposals shall be formatted to 8 ½” x 11” pages with no less than 12-point font and 1” margins.

Proposals shall include, but not limited to, the following and must be presented in the following order:

1) Experience & Expertise

a) General Information of Firm

i) Type of Firm - corporation, partnership, sole proprietorship, joint venture

ii) Year Firm Established – Years established and any former names(s) of the firm; number of years firm has been doing business in the relevant areas; brief history of firm

iii) Parent Company – If applicable, state name, address, former name if applicable, tax identification number

iv) Participating Division or Branch Offices – State any divisions or branches that will participate in the development of the proposal, in its evaluation process, and/or in the conduct of any services provided (office name and address). Give approximate percentage to amount to the amount of work each branch or division will contribute to the project.

b) Experience of Firm

i) Years in Traffic Signal Business – State number of years your firm has been involved in the design of traffic signals, and more specifically, a network of interconnected signals

ii) Related Project Experience – State the number of projects your firm has been involved with in the past five (5) years that related to traffic signals or signal interconnectivity, either design or coordination

iii) Full-Time Personnel – Indicate the number of full-time personnel employed by your firm

iv) ODOT Pre-Qualification – Indicate categories your firm is ODOT pre-qualified for and how long you have been pre-qualified for in each category

c) Scope of Services

i) Types of Services – Summarize the scope of services available from your firm, including those not necessarily required for the work that may result from this RFP

ii) Expertise – Describe your ability to develop and design a project of this type and magnitude

iii) Provision of Insurance – Generally describe your capability to secure insurance policies

d) Ability to meet Scope of Services Timeline

i) Proposed Timeline – Indicate whether your firm will be able to meet the timeline as laid out in the Scope of Services assuming a contract date of June 30, 2026.

ii) Future Workload of Firm – Indicate number and approximate volume of any additional contracts that are scheduled to occur concurrently with this project and any potential impacts these may have on your ability to meet the timeline.

iii) Future Workload of Key Personnel – Indicate number and approximate volume of any additional contracts that are scheduled to occur concurrently with the work that may result from this RFP that any of the key personnel are assigned to and any potential impacts these may have on your ability to meet the timeline

2) Qualifications/Experience of Key Personnel (include only those that would be involved in the project)

a) Resumes/Experience of key personnel – Provide resumes for each person identified on the key personnel list. Each resume shall not exceed two (2) pages in length.

b) Organizational Chart – Provide an organizational chart of the key personnel illustrating their corresponding role with the work that may result from this RFP. Include in this chart the location of each individual (i.e. Cincinnati office, Columbus office, etc.)

c) Narrative – Provide a brief summary regarding the adequacy and appropriateness of the key personnel’s credentials and capabilities, expected responsibilities and any successes they have had in the past in this responsibility, extent of their project participation, relevance of their prior experience regarding the services described in this RFP.

3) Technical Approach & Methodology

a) Project Summary – State your understanding of the project scope, including a general summary of the system to be installed and the benefits and future potential such a system has to offer. The Offeror should demonstrate familiarity with both the existing and proposed infrastructure as well as with the neighborhoods within the project boundary

b) Development Process – State the approach your team will take during the development of the project, detailing what actions will be required, including field work, collaboration with other agencies and/or City of Cincinnati departments, and meetings

c) Design Process – State the approach your team will take during the creation of the Stage 3 and PS&E documents of the project, including any anticipated field work, collaboration with other agencies and/or City of Cincinnati departments, and meetings. Include details regarding the investigation of the existing Zone 12 network and how design team will ensure redundancy in the overall system

d) Construction Involvement – Describe the anticipated involvement your firm would have during the construction of the project

4) Cost & Budget

a) Provide a breakdown of the cost of the design. Cost proposal should be provided in a table using a line-item format. Each cost element shall have its own line item.

5) Economic Inclusion

a) Provide a copy of your MBE/WBE Inclusion Packet

SECTION III – REQUIRED FORMS

Failure to submit all required forms may result in your submission being deemed non-responsive and not scored.

• ATTACHMENT 1 – Offeror Corporate and Contact Information o REQUIRED WITH SUBMISSION

• ATTACHMENT 2 – Affidavit of Accuracy and Signature Page

• ATTACHMENT 3 – Subcontracting Outreach Program o The “MBE/WBE Inclusion Packet” which includes the applicable forms to be completed and included with the proposal is available at the following webpage: https://www.cincinnati-oh.gov/inclusion/forms/bid-proposal-forms/. When on the aforementioned webpage, please click on the weblink called “MBE/WBE Inclusion Packet” to download and access the appropriate forms.

• ATTACHMENT 4 – Equal Employment Opportunity (EEO) Form (DEI147) o REQUIRED WITH SUBMISSION.

o A copy of the form is available at the following webpage: https://www.cincinnati-oh.gov/inclusion/forms/equal-employment-opportunity-forms/ .

• ATTACHMENT 5 – ODOT Pre-Qualification Status o REQUIRED WITH SUBMISSION.

o Evidence of the Offeror’s ODOT prequalified contractor status that includes their prequalified work types (required prequalified work types are referenced on page 4 of the RFP).

https://www.cincinnati-oh.gov/inclusion/forms/equal-employment-opportunity-forms/ https://www.cincinnati-oh.gov/inclusion/forms/equal-employment-opportunity-forms/

SECTION IV TO RFP265X901162

CONTRACT TERMS AND CONDITIONS

SCOPE OF SERVICES

Contractor shall, in a satisfactory and proper manner as determined by the City Manager of the City, perform all the necessary services under this Agreement in connection with the purpose of the project as outlined by the Department of transportation and Engineering in its Request for Proposals. Contractor shall perform the services as outlined in Exhibit A attached hereto and made a part hereof. Contractor warrants that the Services shall be performed in a good, timely, and professional manner by qualified staff and in accordance with generally accepted professional practices. The Contractor further warrants that the design and recommended solution are workable and capable of meeting the objective and purpose of the project as described in this Agreement.

METHOD OF PAYMENT

A. Method of Payment. Any payments from the City specified in this Agreement, including any periodic installment payments, will be contingent upon performance of contractual obligations to date and the submission by Contractor of an original, detailed invoice on company letterhead specifying that the required services have been performed, accompanied by receipts, invoices, reports, statements, or any other supporting information as required by the City to document entitlement to payment. Failure to satisfactorily meet any one of the Agreement obligations by Contractor may result in the City not approving periodic payments to Contractor and/or filing liens as may be necessary against Contractor's assets or future assets until Contractor satisfactorily fulfills its obligations under the Agreement or satisfactorily reimburses the City for any prior payments.

B. Prompt Payment System. This Agreement is subject to, and Contractor shall comply with, the provisions of Chapter 319 of the Cincinnati Municipal Code that provide for a Prompt Payment System.

SUBCONTRACTS, SUCCESSORS, AND ASSIGNS

A. Subcontracts. Contractor agrees that none of the work or services covered by this Agreement, except as otherwise expressly authorized herein, shall be subcontracted without the prior written approval of the City. Forms to request approval for the use of subcontractors are available for download at:

https://www.cincinnati-oh.gov/inclusion/forms/subcontractor-utilization-forms-for-post-award-use/ and must be submitted and approved before subcontractors are authorized to begin work. The City has no obligation to pay Contractor for any work or services performed by a subcontractor prior to the City’s written approval of that subcontractor. In the event Contractor employs a subcontractor without first securing the required approval of the subcontractor by the City, the City shall have the right to stop payment to Contractor or to withhold any monies due Contractor until the subcontractor is approved. Any work or services subcontracted hereunder shall be specified by written contract or agreement and shall be subject to each provision of this Agreement.

B. Use of Debarred Subcontractors Prohibited. The City maintains a list of Vendors Debarred from

Contracting or Subcontracting with the City, which may be accessed at: http://www.cincinnati-oh.gov/purchasing or may be furnished in other form upon request. The City will not contract with any firm or person on the list. It is Contractor’s responsibility to verify that each subcontractor it proposes to use is an eligible firm or person. The City will not approve a subcontractor whose name appears on the list. The City shall neither accept nor be liable for any increase in costs, or other expenses, delay, loss, or subsequent ineligibility to contract with the City incurred by a contractor as a result of the City rejecting any proposed person, firm, partner, principal, affiliate, subcontractor or supplier that is debarred or suspended after the submission of a bid, proposal, or other communication leading to a contract, but before the approval or award of the contract.

C. Assignment. Contractor shall not assign or transfer Contractor's interest in this Agreement without the prior written consent of the City.

https://www.cincinnati-oh.gov/inclusion/forms/subcontractor-utilization-forms-for-post-award-use/ http://www.cincinnati-oh.gov/purchasing http://www.cincinnati-oh.gov/purchasing

COMPLIANCE WITH LAWS, REGULATIONS, AND PROGRAMS

A. Generally. Contractor, in the performance of services under this Agreement, shall comply with all applicable statutes, ordinances, regulations, and rules of the federal government, the State of Ohio, the County of Hamilton, and the City of Cincinnati, including COVID-19 policies currently in effect and as amended from time-to-time during the initial term and any renewal terms of this Agreement.

B. Equal Employment Opportunity Program. This Agreement is subject to, and Contractor shall comply with, the City’s Equal Employment Opportunity Program contained in Chapter 325 of the Cincinnati Municipal Code. Said chapter is hereby incorporated by reference into this Agreement.

C. Minority and Women Business Enterprise Programs

1. This Agreement is subject to, and Contractor shall comply with, the provisions of the Minority and

Women Business Enterprise Program contained in Chapter 324 of the Cincinnati Municipal Code.

Section 324-99 of the Cincinnati Municipal Code is hereby incorporated into this Agreement.

2. Details concerning this program can be obtained from the Department of Economic Inclusion, Two Centennial Plaza, 805 Central Avenue, Suite 610, Cincinnati, Ohio 45202, (513) 352-3144.

3. This Agreement is subject to mandatory participation goals for Minority Business Enterprises (MBEs) and for Women Business Enterprises (WBEs), which Contractor shall meet by subcontracting <DEI- Determined MBE % Proposed by Contractor> of the total contract amount to MBEs certified by the City who will be performing a commercially useful function under this Agreement (the “MBE goal”) and < DEI-Determined WBE % Proposed by Contractor> of the total contract amount to WBEs certified by the City who will be performing a commercially useful function under this Agreement (the “WBE goal”), as specifically set forth in the Form 2003 submitted with the proposal and approved by the Department of Economic Inclusion. A copy of the Form 2003 is attached hereto as Exhibit C. The MBE goal and the WBE goal (collectively, the “contract participation goals”) established herein apply to the initial contract amount, to any alternates, and to all subsequent amendments, supplements, extra work orders, change orders or other modifications that, either individually or in the aggregate, increase the dollar value of the contract by 10% or more.

4. A list of certified firms may be obtained from searching the City’s Certified Directory, a link to which is included on the Department of Economic Inclusion’s webpage (https://www.cincinnati-oh.gov/inclusion/). Contractor may refer firms interested in consideration for certification eligibility to the on-line application at:

(https://cincinnati.diversitycompliance.com/FrontEnd/StartCertification.asp?TN=cincinnati&XID=7 672).

5. If Contractor is unable to meet the established contract participation goals for this Agreement through the use of the MBEs and WBEs specified in the Form 2003 submitted with its response to the Request for Proposals, Contractor must seek a qualified and certified substitute MBE and/or WBE to fulfill those contract participation goals.

6. The City, through the Director of Economic Inclusion, must approve in advance and in writing any MBE or WBE substitution. If, after making good faith efforts as defined by the rules and regulations for Chapter 324 of the Cincinnati Municipal Code, Contractor is unable to find one or more qualified and certified substitutes capable of performing work under this Agreement, Contractor must request a post-award waiver or reduction of the contract participation goals for this Agreement as provided in section 324-23 of the Cincinnati Municipal Code.

7. The failure to comply with the contract participation goals is a material breach of this Agreement unless a request for a post-award waiver or reduction of the contract participation goals has been submitted by Contractor and approved by the Director of Economic Inclusion.

8. A business that is certified both as an MBE and as a WBE may be counted either toward the MBE goal or toward the WBE goal, but not toward both, and it may not be allocated partially toward each.

9. If Contractor hires or engages another party who then subcontracts work under this Agreement, Contractor agrees to include in its contract with such party a requirement that said party take the https://cincinnati.diversitycompliance.com/FrontEnd/StartCertification.asp?TN=cincinnati&XID=7672 https://cincinnati.diversitycompliance.com/FrontEnd/StartCertification.asp?TN=cincinnati&XID=7672 affirmative steps required by the Rules and Regulations adopted under Chapter 324 when advertising and awarding such subcontracts.

C. Subcontracting Reporting

1. Prior to commencement of work or services under this Agreement, Contractor shall provide to the City, through the Department of Economic Inclusion, a subcontractor approval request (Form 2004) or professional services subcontractor approval form, as determined by the Department of Economic Inclusion, for each subcontractor Contractor proposes to utilize, providing information as to owners, dollar value of the contract or subcontract, and other information that may be deemed necessary by the City Manager. The form can be obtained from the Department of Economic Inclusion website at https://www.cincinnati-oh.gov/inclusion/forms/subcontractor-utilization-forms-for-post-award-use/.

2. If Contractor subcontracts any work under this Agreement as provided herein, Contractor shall report, not later than the 15th of each month, all payments made to subcontractors during the immediately preceding month through the City’s online reporting site, generally referred to as VCCS, or any successor site or system the City uses for this purpose. Prior to utilizing any subcontractors, Contractor shall contact the Department of Economic Inclusion to obtain instructions, the proper internet link, login information, and password to access the site and set up the necessary reports.

3. Contractor periodically must document its best efforts and affirmative steps to meet the contract participation goals set forth in this Agreement, by providing notarized affidavits executed in a form acceptable to the City, submitted upon the written request of the City. The City may review records and documentation relevant to the affidavits. If affidavits are found to contain false statements, the City may prosecute Contractor pursuant to Section 2921.12 of the Ohio Revised Code.

4. If Contractor does not purchase supplies or enter into subcontracts for the performance of services or construction of improvements under the contract, the subcontracting reporting requirements of this section do not apply.

D. Use of Nonfranchise Commercial Waste Haulers Prohibited. The City requires that persons providing commercial waste collection services (as that term is defined under Cincinnati Municipal Code Chapter 730) within the City obtain a franchise, and the City maintains a list of franchised commercial waste haulers. If the services provided by Contractor include construction or demolition or the services are related to waste collection, Contractor is prohibited from using or hiring a nonfranchise commercial waste hauler to provide commercial waste collection services in connection with the performance of this Agreement, and Contractor is responsible for ensuring that any commercial waste collection services provided in connection with the performance of this Agreement are provided by a franchised commercial waste hauler. Questions related to the use of commercial waste franchisees can be directed to, and a list of current franchisees can be obtained from, the City’s Office of Environment & Sustainability by calling (513) 352-3200.

E. Living Wage Provisions.

1. This Agreement may subject to, and in such case Contractor shall comply with, the Living Wage provisions found in Chapter 317 of the Cincinnati Municipal Code. The provisions require that, unless specific exemptions apply or a waiver is granted, all employers (as defined) under service contracts with the City shall pay a minimum wage to employees (as defined) of $19.27 per hour for full-time employees (as defined), $15.05 per hour for part-time employees (as defined) provided with health benefits (as defined) by their employer, or $16.99 per hour for part-time (as defined) who are not provided health insurance (as defined) by their employer. Such rate shall be adjusted annually pursuant to the terms of the Municipal Code.

2. The requirements of this provision apply to Contractor as well as any subcontractors performing services under this Agreement. Language indicating the subcontractors’ agreement to comply with this provision shall be included in the contracts between Contractor and its subcontractors. A copy of such subcontracts or other such agreements shall be submitted to the City.

3. Under the Living Wage provisions, the City shall have the authority, under appropriate circumstances, https://www.cincinnati-oh.gov/inclusion/forms/subcontractor-utilization-forms-for-post-award-use/ to terminate this Agreement and to seek other remedies.

F. Wage Enforcement.

1. If Contractor is providing services valued in excess of $25,000 and related to construction or real estate development, this Agreement is subject to the Wage Enforcement provisions of the Cincinnati Municipal Code. These provisions require that any person who has an agreement (as defined in section 326-2-A2 of the Cincinnati Municipal Code) with the City or with a contractor or subcontractor of a person who has an agreement with the City shall report all complaints or adverse determinations of Wage Theft and Payroll Fraud (as defined in Chapter 326 of the Cincinnati Municipal Code) against the person, contractor, or subcontractors to the Department of Economic Inclusion within 30 days of notification of the complaint or adverse determination.

2. Contractor is required to include provisions in solicitations and contracts regarding a development site that all employers, contractors or subcontractors performing or proposing to perform work on a development site provide an initial sworn and notarized “Affidavit Regarding Wage Theft and Payroll Fraud” on a form prescribed by the City Manager or the City Manager’s designee and, within 30 days of an adverse determination or complaint of wage theft or payroll fraud, shall provide an “Amended Affidavit Regarding Wage Theft and Payroll Fraud” on a form prescribed by the City Manager or the City Manager’s designee.

3. Contractor is required to authorize, and does hereby specifically authorize, any local, state or federal agency, court, administrative body, or other entity investigating a complaint of Wage Theft or Payroll Fraud against the person (collectively “investigative bodies”) to release to the City’s Department of Economic Inclusion any and all evidence, findings, complaints, and determinations associated with the allegations of Wage Theft or Payroll Fraud upon the request of the City and further authorizes such investigative bodies to keep the City advised regarding the status of the investigation and ultimate determination. If the investigative bodies require the person, contractor, or subcontractor to provide additional authorization on a prescribed form or in another manner, the person, contractor, or subcontractor shall be required to provide such additional authorization within 14 days of a request by the City.

4. Contractor shall include in its contracts with all subcontractors language that requires the subcontractors to provide the authorizations set forth in section 5.G.3. above and further requires each subcontractor to include in its contracts with other subcontractors those same obligations for each subcontractor and each lower tier subcontractor.

5. Contractor shall post a conspicuous notice on the development site throughout the entire period work is being performed pursuant to this Agreement indicating that the work being performed is subject to Cincinnati Municipal Code Chapter 326, Wage Enforcement, as administered by the City of Cincinnati Department of Economic Inclusion. Such notice shall include contact information for the Department of Economic Inclusion as provided by the department.

6. Under the Wage Enforcement provisions of Chapter 326, the City shall have the authority, under appropriate circumstances, to terminate this Agreement and to seek other remedies.

G. OhioMeansJobs Cincinnati-Hamilton County (fka SuperJobs Center) Employment Postings Per Ordinance No. 238-2010. If this Agreement includes the provision of construction services, this Agreement is subject to the OhioMeansJobs Cincinnati-Hamilton County (fka SuperJobs Center) Employment Postings requirement established in Ordinance 238-2010 as follows: To the extent allowable by law, Contractor shall use its best effort to post available employment opportunities within Contractor’s organization or the organization of any subcontractor working with Contractor with the OhioMeansJobs Cincinnati-Hamilton County, 1916 Central Parkway, Cincinnati, Ohio 45202, through its Business Services Unit Manager at (513) 946-7200.]

CERTIFICATION AS TO NON-DEBARMENT

Contractor certifies that neither Contractor nor Contractor’s principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in the transaction covered by this Agreement. Contractor acknowledges and agrees that Contractor or Contractor’s principals is/are presently debarred then Contractor shall not be entitled to compensation under this Agreement and that Contractor promptly shall return to the City any funds received pursuant to this Agreement. In such event, any materials received by the City pursuant to this Agreement shall be retained as liquidated damages.

CONTRACTOR'S INSURANCE AND INDEMNIFICATION

A. Workers’ Compensation. Contractor shall secure and maintain such insurance as will protect Contractor from claims under the Workers’ Compensation Laws.

B. General Liability Insurance. Contractor shall secure and maintain such general liability insurance as will protect Contractor from claims for bodily injury, death, or property damage which may arise from the performance of Contractor's services under this Agreement, with a combined single limit for bodily injury and property damage liability of a minimum of $1,000,000.00 per occurrence and $2,000,000.00 in the aggregate. The City shall be named as an additional insured and the policy shall contain a waiver of subrogation in favor of the City.

C. Professional Liability/Errors and Omissions Insurance. Contractor shall secure and maintain during the entire Agreement period professional liability or errors and omissions insurance, as applicable, with a combined single limit of a minimum of $1,000,000.00 per occurrence and $3,000,000.00 in the aggregate with a maximum deductible not to exceed $25,000.00 for each occurrence. If Contractor's policy is a claims-made rather than an occurrence policy, Contractor shall ensure the policy includes coverage for Services rendered under this Agreement retroactive to the Effective Date of this Agreement, and Contractor shall maintain such coverage in full force and effect for a period of four years following the expiration or termination of this Agreement. The City shall be named as an additional insured and the policy shall contain a waiver of subrogation in favor of the City.

D. Automobile and Umbrella Insurance. Contractor shall secure and maintain during the entire Agreement period such automobile liability insurance as will protect Contractor from claims for bodily injury, death, or property damage which may arise from the operation of a motor vehicle in the performance of Contractor's services under this Agreement. The policy shall include individual coverage for bodily injury or death in an amount not less than $100,000.00 per person and $300,000.00 per accident and property damage liability of a minimum of $100,000.00 per occurrence. In addition, Contractor shall secure and maintain during the entire Agreement period an umbrella liability insurance policy with a minimum of $1,000,000.00 of coverage.