5-RFQ255X901084 Renovation of Dunham Recreation Center.pdf

Request For Qualifications

Design and Engineering Services for the Renovation of Dunham Recreation Center

RFQ 255X901084

ISSUE DATE: September 15, 2025

Due on or before 3:00 PM ET on October 9, 2025

BUYER OF RECORD: Margaret Allen-Elkanick

COMMODITY CODE(S): 90610 Buildings, Architectural Design Services

REQUESTING AGENCY: Cincinnati Recreation Commission

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

RFQ 255X901084

Table of Contents

I. REQUEST – Pages 3 – 10

II. CONTENT AND FORM OF SUBMISSIONS – Page 11

III. REQUIRED & MISCELLANEOUS FORMS – Page 12

IV. CONTRACT TERMS AND CONDITIONS – Pages 13 – 22

I. REQUEST

INTRODUCTION

The City of Cincinnati, Ohio, (hereinafter referred as “City”) is issuing this Request for Qualifications (hereinafter "RFQ") 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 Cincinnati Recreation Commission (CRC) is soliciting proposals from qualified firms or multidisciplinary teams to deliver comprehensive design for the capital renovation of Dunham Recreation Center, located at 4356 Dunham Lane, Cincinnati, OH 45238.

GENERAL BACKGROUND AND INFORMATION

Dunham Recreation Center is a longstanding community anchor on Cincinnati's West Side. Originally built in

1911, the facility includes a gymnasium, meeting rooms, and outdoor amenities. The existing building was not designed as a recreation center but served as a building on a medical campus. CRC has identified the site for major renovation to modernize the facility, improve accessibility and infrastructure, and adapt to the evolving needs of multi-generational users.

This RFQ seeks a firm capable of delivering an inclusive planning and design process that prioritizes equity, access, and innovation. The selected partner will work closely with CRC staff, community stakeholders, and city partners to create a vision for Dunham that is bold, buildable, and budget-conscious.

The purpose of this RFQ is to solicit a qualified Offeror for the renovation of Dunham Recreation Center. This Offeror will provide an accessible structure that meets the programmatic needs outlined in the RFQ, delivers the project in a timely manner aligning with the included timeline, and adheres to all City requirements.

SCOPE OF SERVICES/SPECIFICATIONS

The proposed renovation to the existing recreation center will be approximately 31,260 square feet unless additional funding is provided for a 3,530 square foot full size gymnasium. The base bid will be for the 31,260 square foot center with the existing gymnasium with Alternate #1 to be the additional cost to expand the current gymnasium to a full-size. The total square footage of the result would be a 34,790 square foot recreation center with one full-sized gymnasium. The final construction budget is still to be finalized, assume a construction cost of approximately $6,900,000. Though not intended to be a comprehensive list, the following spaces have been identified through initial planning and visioning.

• Gymnasium renovation – Proposal should allow for the flexibility of the current gym to be expanded into full size regulation high school basketball court.

o The base bid should include a renovated gymnasium. Alternate #1 should include one (1) Regulation High School Basketball court.

• Flexible Multi-Purpose Rooms – Expand and combine existing smaller rooms, renovate larger rooms – suggested proposal (See Appendix A: Dunham Recreation Center).

o Lower Level:

▪ Renovate existing: B03-B11, B15

▪ Expand and make accessible restrooms (B12-B13)

▪ Renovate and reimagine kitchen space B27

▪ B32-B37 combine for unfinished storage area; B39-B42 combine for unfinished storage area

▪ Repurpose B25, B29, B30, B31, B34, B38 to provide adequate space for updated restroom facilities and mechanicals.

o First Floor:

▪ Redesign Office Suite (Rooms 121, 122, 123,124, 125, 126, 128) to meet the functional needs of a recreation center.

▪ Redesign welcome desk/area using Rooms 127, 129

▪ Design one (1) set of functional ADA restrooms, including one family restroom, eliminating other restrooms on this floor

▪ Add separate Wellness Room for breastfeeding mothers (Room 151)

▪ Provide updated lobby utilizing rooms 119,120,130,131,132,133,134,137

▪ Reimagine Rooms 142, 146, 147-150 as a new space for fitness

▪ Renovate existing room 143 as a teen programming center, adding storage space

▪ Create new multipurpose or fitness studio room from Office 135-141 with storage space

▪ Reimagine Rooms 101-104 as a new large space for multi-generational programming

▪ Renovate Rooms 105, 108, 109 and include storage space

▪ Create new multipurpose room from Rooms 110, 111, 115, 117, 118 o Second Floor – the interior space is not part of the project

• Provide all utilities for the kitchen, as of now all appliances will be electric. Use ventless cooking systems (Ventless Kitchen Equipment - Commercial Foodservice - Heartland Reps). Only provide Ansul system only if needed. Anything unattached to be provided by CRC.

• Support Areas (Family Restroom, Restrooms, Storage, Mechanical, etc.).

• Redesign front exterior entryway and parking area to include 30-40 additional parking spaces in the front entrance area of the building.

• Provide pedestrian access from the rear auxiliary parking to the front entrance.

• Preserve existing playground in the rear.

The Offeror is to produce construction documents for a renovated and reimagined Dunham Recreation Center to be publicly bid. The design team is to work directly with the CRC and meet on a regular basis during design phases. The design team shall also serve as project architect/engineer throughout the duration of the project through closeout.

Often forgotten items to be included within the bid drawings are available for the Offeror’s usage in Appendix B under Dunham Recreation Center Design Checklist with all items to be included within the proposed project fee.

No design change orders will be allowed for any items included on the Recreation Center Design Check List and the project architect/engineer will submit the verified Checklist with the drawings for CRC review.

Project Deliverables will include:

- Project Renderings

- Interior and exterior presentation boards

- Documents to obtain all permits

- Construction Documents

- Documents/Presentation for any variances that will be required

- Stamped documents for other necessary permits

- Cost Estimates: Cost estimates are to be provided throughout the project. Cost estimate shall be provided at the following times at a minimum:

o Schematic Design o Design Development o 50% Design Submission o 90% Design Submission

- Value engineering as required to meet the desired budget

- Revit Model of completed project: The successful firm shall provide CRC with a complete as-built Revit

Model of the project at the completion of project closeout https://heartlandreps.com/ventless-market-segment/

Scope of Services by phase:

Programming: CRC has developed a rudimentary design for the project. The design team is to review the design and check its validity with the requirements presented by the CRC design team. A building code analysis of the project shall be developed at this time and checked against the proposed design. The existing site conditions and utilities will be evaluated during this phase.

Schematic Design: In the schematic design phase, designs will be created in 3D using the Revit software. The schematic design will show special relationships (adjacencies), forms of space, size and appearance of the project while maintaining the design direction.

An overall presentation site-plan will be developed showing the relationship of the building to the site and site improvements. This will be developed in conjunction with CRC’s civil engineer.

1. The schematic design will be presented to the CRC design team.

2. The schematic design will be presented to Cincinnati Recreation Commission’s Board.

3. The schematic design will be presented to the community. Design team should budget for two community engagement meetings.

Design Development: The design development documents shall illustrate and describe the development of the approved schematic design and shall consist of a 3D model, drawings and other documents including plans, sections, elevations, typical construction details and diagrammatic layout of the building systems to fix and describe the size and character of the project including structural, mechanical, electrical systems and other elements as may be appropriate. The design development documents shall include outline specifications that identify the major materials, systems and generally establish quality levels.

The design team will develop a cost estimate during this phase of the work.

1. At the end of this phase the design team will submit the design development drawings and outline specifications to CRC.

2. The design development cost estimate will be submitted. If the project is over budget, recommendations to bring the project within budget will be submitted.

Construction Documents: Adjust the design as necessary to comply with the budget established for the project.

The final bid package will be prepared for submission for bidding and permits. The drawings and specifications shall be complete and sufficiently detailed to bid the project in the public contracting arena.

Construction estimates will be prepared at the 50% construction documents and 90% construction documents submission times in the project.

1. Review meetings will be held at 50% documents and 90% document.

2. Estimates will be presented at the 50% and 90% document meetings.

3. The design team will submit drawings and specification in advance of the 50% and 90% document meetings for CRC review.

4. Complete documents will be submitted in PDF format for bidding the project.

Building Permit: The design team shall prepare the sets of construction documents, digital submissions and fill out the permit applications necessary to apply for all permits for the project. The design team shall supply the submission to CRC who will submit and pay the permit fees for the permits for the project. The design team will make any changes required by the building department. The revised drawings will be issued to CRC so they can be included in the construction bid. The architect/engineer is also responsible for any needed variances (parking). The CRC will pay all permit fees.

Bidding: The City of Cincinnati has its own Purchasing Division that will handle the bidding of the project.

1. During the bidding phase of the project, there will be a pre bid meeting held at the site. A representative of the architect and the engineering firm are expected to attend the meeting, explain the project scope, and answer any questions. The representatives are to assist the City with a written summary report of all questions asked and answered.

2. It is expected that during the bidding process there will be questions on the project. The design team is to provide CRC with the answers to questions sent to them by CRC in writing so that they can be sent to Purchasing. Purchasing will issue all response in writing.

Construction Observation: During the construction phase of the project the design team will attend the preconstruction meeting, weekly or biweekly job meetings, and special meetings called to resolve design issues.

The design team will review all submittals from the contractor for compliance with the contract documents. The design team shall observe the work progress for compliance of the work with the contract documents. The design team shall provide a construction report to CRC every two weeks. The design team shall provide their opinion and any supporting documents for any changes to the work required. The design team shall review any change requests from the contractor. The CRC will be responsible for pay applications and official change order documents.

Project Closeout: The design team will review the work of the contractor and determine the date of substantial completion. Inspect the project and produce the final punch list for the project. The design team will inspect the work after the contractor indicates they have completed the work off the punch list.

The design team will receive the project closeout documents from the contractor and verify their compliance with the contact requirements. The architect will issue a certificate of final payment when all project closeout documents are received and approved.

Upon completion of the project the design team will submit the final as-built Revit model to CRC for their use.

TERM

The term of this Agreement shall commence on the effective date of the Agreement. Delivery of equipment and associated services shall be completed within two hundred (200) calendar days of the contract signing.

EVALUATION CRITERIA

• Experience with Design of Comparable Facilities – 35 Points: Minimum two references for projects similar to the Scope of Work/Specifications.

• Qualifications and Experience of the Firm – 30 Points: Firm Qualifications, Project Manager/Team Experience, Ability to meet schedule, Demonstrated Understanding of the Project, and Implementation plan including technical considerations.

• Experience with Bidding and Construction Phase – 30 Points: Minimum two references for projects similar to the Scope of Work/Specifications.

• History of Meeting Economic Inclusion Goals – 5 Points: Offeror is a City of Cincinnati Department of Economic Inclusion Certified M/W/SBE or is partnered with a City of Cincinnati Department of Economic Inclusion Certified M/W/SBE

SUBCONTRACTING GOAL

The MBE subcontracting goal for this RFQ is 3%. The WBE subcontracting goal for this RFQ is 3% 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.

TIMETABLE

Milestones for the process are:

1. Release of RFP

Date 09/15/2025

2. Date of Pre-Submission meeting 09/22/2025

3. Deadline for written questions 09/26/2025

4. Submissions Due in Bonfire 10/09/2025

LATE SUBMISSIONS WILL NOT BE ACCEPTED

5. City initiates negotiations with preferred Offeror (approx.) 11/28/2025

PRE-SUBMISSION MEETING

The City will hold a non-mandatory pre-submission meeting on September 22, 2025, at 11 AM EST at the location below.

Dunham Rec Center 4356 Dunham Lane Cincinnati, OH 45238

QUESTIONS CONCERNING THE RFP

All questions or requests for clarification must be submitted in writing no later than September 26, 2025 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 “RFQ255X901084, Design and Engineering Services for the Renovation of Dunham Recreation Center” 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.

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

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

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.

http://www.cincinnati-oh.gov/ https://vss.cincinnati-oh.gov/vssprod/Advantage4

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 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

1. Cover Letter o A cover letter introducing your firm and summarizing your submission.

2. Company Overview o Provide an overview of your firm, including its history, experience, and qualifications relevant to this project/service.

3. Qualifications and Experience o Detail your approach to fulfilling the requirements outlined in the Scope of Work/Specifications.

Include your methodology, strategies, and any innovative approaches you plan to employ.

o Provide information about the key personnel who will be involved in this project/service, including their qualifications and relevant experience.

4. References o Provide at least two references from past clients or projects that demonstrate your firm’s capability to successfully deliver similar services.

o References should include:

i. Name of the organization to which services were provided.

ii. Project location.

iii. Start and completion dates during which services were performed.

iv. Brief description of the project.

v. Identification of a current contact reference including organizational title, address, telephone numbers and e-mail address for each project.

5. Economic Inclusion o Provide examples of the firm’s experience in meeting economic inclusion goals.

o If the Offeror is a City-certified MBE, WBE or SBE, the Statement of Qualifications must include a copy of each such certification as an exhibit or appendix.

6. Exceptions o Offeror should include a statement indicating compliance, or any exceptions, with the Terms and

Conditions presented in all sections of this RFQ.

7. Required and Miscellaneous Forms – Offeror must submit all required forms as indicated in Section III of this RFQ.

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 o REQUIRED WITH SUBMISSION

• ATTACHMENT 3 – Subcontracting Outreach Program o REQUIRED WITH SUBMISSION 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 – Appendix A: Dunham Recreation Center o INFORMATIONAL USE ONLY

• ATTACHMENT 6 – Appendix B: Dunham Recreation Center Design Checklist o INFORMATIONAL USE ONLY https://www.cincinnati-oh.gov/inclusion/forms/bid-proposal-forms/ https://www.cincinnati-oh.gov/inclusion/forms/bid-proposal-forms/ 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 RFQ 255X901084

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 Name> 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 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 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.

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

=7672).

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 https://cincinnati.diversitycompliance.com/FrontEnd/StartCertification.asp?TN=cincinnati&XID=7672 https://cincinnati.diversitycompliance.com/FrontEnd/StartCertification.asp?TN=cincinnati&XID=7672

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 affirmative steps required by the Rules and Regulations adopted under Chapter 324 when advertising and awarding such subcontracts.

D. 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.

E. Use of Nonfranchised 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 nonfranchised 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.

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

F. 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 $19.84 per hour for full-time employees (as defined), $15.49 per hour for part-time employees (as defined) provided with health benefits (as defined) by their employer, or $17.49 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, to terminate this Agreement and to seek other remedies.

G. 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.

H. 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.