Request For Proposals

Lubricant, Hydraulic Fluid, & Wear Particle Condition Monitoring

RFP 265X911116

ISSUE DATE: November 24, 2025

Due on or before 1:30 PM ET on December 16, 2025

BUYER OF RECORD: Joshua Tucker joshua.tucker@cincinnati-oh.gov

COMMODITY CODE(S): 96152 – Laboratory Services which Monitor the Equipment that uses Lubricating Oil or Grease

REQUESTING AGENCY: Metropolitan Sewer District of Greater Cincinnati - MSD

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:joshua.tucker@cincinnati-oh.gov https://cincinnati-oh.bonfirehub.com/

Table of Contents

I. REQUEST – Page #3

II. CONTENT AND FORM OF SUBMISSIONS – Page #9

III. REQUIRED & MISCELLANEOUS FORMS – Page #10

IV. CONTRACT TERMS AND CONDITIONS – Page #11

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, from parties, (hereinafter "Offerors). The Offeror shall provide the MSD with Lubricant, Hydraulic Fluid, and Wear Particle Analysis services to ensure Wastewater Treatment Plant equipment reliability and to identify early warning signs of defects within equipment to prevent catastrophic failures.

GENERAL BACKGROUND AND INFORMATION

The MSDGC Wastewater Treatment Division (“WWT”) Asset Condition Monitoring Program (“ACM”) requires as-needed services in Lubricant, Hydraulic Fluid, and Wear Particle Analysis (“LHWPA”). The overall goal of these LHWPA as-needed services is to ensure Wastewater Treatment Plant (“WWTP”) equipment reliability and to identify early warning signs of defects within equipment to prevent catastrophic failures. The MSDGC has been utilizing oil analysis to prevent failures for more than 10 years. The continued use of the LHWPA services ensures the successful operation of treatment facilities across the district.

SCOPE OF SERVICES/SPECIFICATIONS

The City desires the laboratory & diagnostic services of the Offeror to perform as follows:

Provide sampling bottles and preprinted labels.

• An initial stock of sampling bottles and preprinted labels shall be provided by the successful Offeror for all MSDGC facilities as requested.

• The MSDGC representative shall request more bottles and labels when stock is low.

• MSDGC shall ship sampling bottles back to the successful Offeror for testing and analysis.

Provide Lubricant, Hydraulic Fluid, and Wear Particle Analysis laboratory and diagnostic services for MSDGC facilities, in accordance with (IAW) the following guidelines:

• Between 800 and 1000 samples per year to serve wastewater facilities (4 oz samples).

• Spectroscopic/Spectrometric Analysis (20 metals minimum) IAW ASTM D5185 (or equivalent).

• Viscosity @ 40°C IAW ASTM D445 (or equivalent).

• Fourier Transform Infrared Spectroscopy (indexing numbers) IAW JOAP Method.

• Particle Count IAW ISO 4406.

• Acid Number (KOH/g) – ASTM D974.

• Water (%) – ASTM D6304.

• Analytical Ferrography.

Samples to be analyzed within two (2) working days of receipt at the Laboratory and reports issued as follows:

• By phone on the same day as analysis performed resulting in any alert alarm or adverse trend finding in any sample.

o In the event of results that are >25% above or below limits or ranges specified an immediate phone call would be considered “timely.” A timely response for all other results is 24 hours for entry of data in the Oilography module of TANGOTM software used for reporting results at MSD.

• By entry by the successful Offeror’s Laboratory personnel into the 24/7 Systems, Inc. Oilography Module of the TANGOTM Software within one working day of completion of analysis. (The successful Offeror shall utilize their own 24/7 Systems, Inc. Oilography Module of the TANGOTM Software setup with TANGOTM.)

• Trend and statistical process analysis shall be employed.

• The successful Offer’s reports shall reflect the latest results, plus the results of the last three (3) samples, as well as trend graphs for any analysis finding showing an adverse trend which indicates the need for action or improvement.

• Reports shall clearly indicate the presence of any adverse findings and/or action required to correct problems detected.

Provide annual overall analysis of trends in findings in graphical, statistical, or other key performance indicator formats, along with recommendations that will assist the MSDGC in making continuous improvement in its overall Lubrication Program. This presentation shall be conducted in person at MSDGC’s request.

The successful Offeror shall provide (annual) onsite introductory and/or refresher oil analysis training at MSDGC’s request. The onsite oil analysis training shall include:

• Basics of oil analysis.

• Sampling best practices.

• Routine testing and report interpretation.

• Lubrication storage and handling.

• Contamination control.

• Basics of grease.

• Failure modes of lubricants.

• Oil analysis training session shall include up to 100 people, and may be recorded by MSDGC for future use.

Qualifications

The Offeror shall be a licensed established commercial laboratory. Including technical experience, briefly describe the qualifications of the Offeror, key personnel who would be assigned to the contract, and the nature of activities the Offeror and key personnel will perform with respect to the scope of work.

The successful Offeror shall demonstrate that it could reliably perform all aspects of the scope of services, including providing sampling bottles and labels, testing, timely reporting, analysis services (in accordance with pertinent specifications), recommendations and training. The successful Offeror should convey its commitment to timely reports and its employing of trend and statistical process analysis. Providing an example of its reports and analysis is recommended.

The successful Offeror should have reliable internal quality control procedures. The Offeror shall describe its procedures and how quality will be incorporated and maintained.

The successful Offeror shall utilize its own 24/7 Systems, Inc. Oilography Module of the TANGOTM Software setup with TANGO TM.

TERM

The materials and/or services shall be delivered, as ordered, during the period beginning on the effective start date of the contract and ending on the last day of the month twelve (12) months after the effective date of the contract.

At the sole discretion of the City the contract may be renewed for two (2) additional (12) twelve-month periods ending thirty-six months from the date of execution.

These options shall be automatically exercised unless written notice to the contrary is filed with either party not later than ninety days prior to the expiration of the current contract period. Such notice shall be provided in writing.

It is understood and agreed that the contract may be renewed only under the same conditions governing the original contract.

EVALUATION CRITERIA

• Experience – 40 Points: Firm Qualifications, Project Manager/Team Experience, and two references for projects similar to the Scope of Work/Specifications.

• Approach – 40 Points: Ability to meet schedule, Demonstrated Understanding of the Project, and Implementation plan including technical considerations.

• Cost – 20 Points: Detailed cost proposal outlining all expenses associated with the project/service, including labor, materials, and any other relevant costs. Total cost of the project will be evaluated for scoring.

SUBCONTRACTING GOAL

Not Applicable.

TIMETABLE

Milestones for the process are: Date

1. Release of RFP 11/21/2025

2. Deadline for written questions 12/09/2025

3. Submissions Due in Bonfire 12/16/2025

LATE SUBMISSIONS WILL NOT BE ACCEPTED

4. City initiates negotiations with preferred Offeror (approx.) 02/01/2026

QUESTIONS CONCERNING THE RFP

All questions or requests for clarification must be submitted in writing no later than December 03, 2025 at 1:30 PM 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 “RFP 265X911116, Lubricant, Hydraulic Fluid, & Wear Particle Condition Monitoring” 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 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.

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

SELECTION PROCESS

Selection of a preferred Offeror(s) and subsequent award(s) of contract(s) will comply with 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.

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.

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

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 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.

ADMINISTRATIVE FEES

The successful offeror will remit to the City an administrative fee in the amount of one percent (1%) of the total sales from this contract. The City will bill an amount equal to one percent (1%) of all expenditures paid to the contractor each quarter. Payment will be due no later than forty five (45) days after the invoice is sent to the contractor by the City.

Pricing submitted with this bid/proposal shall include the City’s administrative fee and may not be added as a line item on any invoice.

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 (1 page limit) – A cover letter introducing your firm and summarizing your submission.

2. Company Overview (1 page limit) – Provide an overview of your firm, including its history, experience, and qualifications relevant to this project/service.

3. Approach and Methodology (2-page limit) – 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.

4. Project Team (1 page limit) – Provide information about the key personnel who will be involved in this project/service, including their qualifications and relevant experience.

5. References (1 page limit) – Provide at least two references from past clients or projects that demonstrate your firm’s capability to successfully deliver similar services.

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

RFP.

7. Exceptions – Offeror must include a statement indicating compliance with the Terms and Conditions presented in all sections of this RFP or any exceptions thereto.

8. Cost Proposal – Present a detailed cost proposal outlining all expenses associated with the project/service, including labor, materials, and any other relevant costs. Total cost of the project will be evaluated for scoring.

9. Example Report(s) - Provide an example of reports and analysis.

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 – Equal Employment Opportunity (EEO) Form (DEI147) o REQUIRED WITH SUBMISSION. A copy of the form is available at the following webpage:

Microsoft Word - NEW DEI 147 EEO Form.

https://www.cincinnati-oh.gov/sites/inclusion/assets/DEI-147-EEO-Form.pdf

GENERAL CONDITIONS, INSTRUCTIONS, AND INFORMATION FOR OFFEROR

1) General: The Legal Advertisement, General Conditions, Special Conditions, Instructions to Bidders, Specifications, Plans, Profiles or Drawings applying to the original proposal are made a part of the contract.

2) Definitions: The term "City" wherever used in the contract shall mean the City of Cincinnati, the party of the first part, acting through its City Manager or his properly authorized agent.

In the event that the contract is entered into in behalf of an independent board or commission, such as the Board of Park Commissioners, Recreation Commission, Board of Health, etc., wherever the term "City" or “City Manager" is used in the contract, conditions, specifications, or bond, it shall mean whatever independent board is concerned, acting through its president or his properly authorized agent.

The term "Contractor" wherever used in the contract shall mean the party of the second part entering into a contract with the City for furnishing materials, supplies, or equipment, or for the performance of the work set forth herein.

3) Infringements and Indemnification: The Contractor agrees to protect, defend, and save the City harmless against any demand for payment for the use of any patented material, process, article, or device that may enter into the manufacture, construction, or form a part of the work covered by the contract; and the Contractor further agrees to indemnify and save the City harmless from suits or actions of every nature and description brought against it for or on account of any injuries or damages received or sustained by any party or parties, by or from the acts of the Contractor, his servants, or agents.

To this extent the contractor agrees to furnish adequate Public Liability and Property Damage Insurance, the amount of which will be determined by the City, whenever such insurance is deemed necessary. When so required the types and amounts of insurance to be provided shall be set forth in the bid document.

4) Default Provisions: In case of default by the Contractor, the City of Cincinnati may procure the articles or services from other sources and hold the Contractor responsible for any excess costs occasioned thereby.

5) Applicable Laws: The Revised Code of the State of Ohio, the Charter of the City of Cincinnati, and all City ordinances, insofar as they apply to the laws of competitive bidding, contracts, and purchases are made a part hereof. All laws of the United States of America, the State of Ohio and the City of Cincinnati applicable to the products or services covered herein are made a part hereof.

6) Workers' Compensation: Insofar as Workers' Compensation Act is concerned, the Contractor agrees to furnish an official certificate or receipt of the Industrial Commission of Ohio, showing that he has paid into the State Insurance Fund the necessary premiums, whenever such certificates are required by the RFP document.

7) Delivery: Unless otherwise stated in the proposal or contract, prices include delivery to the destination designated in the contract and include all charges for delivery, packing, crating, containers, etc.

8) Taxes: State and local governments no longer need to be certified under the Internal Revenue code but are automatically exempt from excise tax, therefore, the City's Certificate of Registry Number is no longer needed.

The Office of Procurement will continue to issue the exemption certificates upon request.

9) Cash Discounts: Time in connection with cash discounts offered, will be computed from date of delivery and acceptance at final destination or from date properly executed invoice is received, if the latter date is later than the date of delivery and acceptance.

10) Invoices: Must be prepared upon the standard invoice of the Contractor.

11) Payments: Partial payments may be made upon presentation of a properly executed invoice unless otherwise stated in the contract. The final payment will be made by the City when the materials, supplies, equipment or the work performed has been fully delivered or completed to the full satisfaction of the City.

12) Policy of Non-Discrimination:

a) Disability: The City of Cincinnati does not discriminate on the basis of disability in the admission or access to, or treatment or employment in its programs or activities. The Director of Personnel has been designated to coordinate compliance with the non-discrimination requirements contained in Section 35.107 of the Department of Justice regulations. Information concerning the provisions of the Americans with Disabilities Act (ADA), and the rights provided thereunder, are available from the ADA coordinator, at (513)352-2411.

b) SBE Non-Discrimination Policy: The City of Cincinnati is committed to a policy of non-discrimination pursuant to Section 1 of the Fourteenth Amendment to the United States Constitution and as outlined in the Offeror’s Covenant of Non-Discrimination clause of the bid document, which guarantees equal protection of the laws to all citizens. It is further the policy of the City of Cincinnati that its purchasing and contracting practices not implicate the City as a passive participant in discriminatory practices engaged in by private contractors or vendors who seek to obtain business with the City. In furtherance of these policy objectives, the City seeks to afford to its citizens equal opportunities to do business on City contracts and to ensure that all bidders, proposers, vendors and contractors (collectively referred to herein as “bidders”) doing business with the City provide to businesses owned and controlled by racial minorities and ethnic minorities and women, opportunities to participate on contracts which are paid, in whole or in part, with monetary appropriations from the city of Cincinnati.

13) Ineligible Person(s): Per City of Cincinnati Municipal Code Section 301-20 (Ordinance No. 366-1996), any person or affiliate who is on the City of Cincinnati's Financial Obligation Ineligibility List due to being delinquent in the payment of any financial obligation to the City, any of its Departments, Boards or Commissions, shall not be eligible for any City award. This includes any person or affiliate who is delinquent in paying City of Cincinnati income taxes.

14) Amendment: This Agreement may be modified or amended only by a written agreement duly executed by the parties hereto or their representatives.

15) Entirety: This Agreement and the Exhibits attached hereto contain the entire Agreement between the parties as to the matters contained herein.

Any oral representations or modifications concerning this Agreement shall be of no force and effect.

16) Cooperative Purchasing: The City of Cincinnati and other governmental entities may purchase the commodities indicated contract. Each Entity will issue its own purchasing document based on the contract’s pricing.

Terms and Conditions – Term Contract for Supplies or Services

1. Requisitioner(s)

2. A contract shall be established for MSD’s Asset Condition Monitoring Program. These services, as offered by an established commercial laboratory, include provision of sample bottles, preprinted labels, and analysis of samples collected by MSDGC personnel. The as-needed services also include timely reports of results, provided in a form and format compatible with the 24/7 Systems Oilography Module of the TANGOTM Software used by the City for reporting results for communications internally to those City personnel responsible for taking action on out of specification results of analysis at each of its seven (7) wastewater treatment plants (WWTPs).

3. Certification This contract involves the expenditure of money only to the extent that requisitions will be made off this contract from time to time by various City Departments during the term of this contract. For that reason, and in the absence of the requisition for immediate performance or delivery off this contract, certification by the Finance Director as to the availability of funds to meet the obligations of each individual requisition off this contract will occur on each individual requisition as such requisitions are made from time to time by various City Departments during the term of the contract. The City asserts the absence of any liability in excess of the amounts so certified.

4. Quantities and Duration The quantities listed herein are the City Department(s) or Division(s) listed herein estimated requirements for a twelve (12) month period; however, they shall not govern the actual quantities purchased during the contract period.

It is estimated that on a time proportionate basis the quantities for an optional renewal period will approximate the quantities listed herein; however, they shall not govern the actual quantities purchased during the optional renewal period.

5. Initial Contract Period The materials and/or services shall be delivered, as ordered, during the period beginning on the effective start date of the contract and ending on the last day of the month twelve (12) months after the effective date of the contract.

6. Optional Renewal Periods At the sole discretion of the City the contract may be renewed for two (2) additional twelve (12) month periods.

7. Specifications All work shall be performed, and materials furnished in accordance with the following specifications:

(1) Detailed Specifications/Scope of Work

8. Use of Latest Specifications Wherever reference is made herein to any other specification or standard, it shall mean the latest revision thereof in effect on the date of the Request for Proposals.

9. Change Orders If, by mutual agreement, both parties desire to modify the scope, schedule, budget, or unit pricing of this Contract and the modification is not otherwise described in this contract, a Change Order must be fully executed prior to any of the modifications taking effect or work commencing. In no event shall the City pay any costs above the agreed-upon and prior certified amounts, and the Contractor shall not proceed with any work which has not been authorized in the absence of such a Change Order.

10. Delivery The supplies and/or services shall be delivered as needed and ordered to the Department or Division listed on the delivery order. On a project-by-project basis, the supplies and/or services shall be furnished as needed and ordered to the following:

MSD Wastewater Treatment Plant 1600 Gest St., Cincinnati, OH 45204

11. City’s Option When Delivery Time Becomes Excessive When, in the City’s Opinion, delivery time of any item becomes excessive resulting in inconvenience and affecting work, such item may be cancelled and obtained elsewhere.

If it is necessary to use this procedure more than once and such measures have caused serious hardship, the contract may be cancelled.

It is agreed that both options may be taken with no liability to the City.

12. Send Invoice To Invoices must be submitted on the Contractor’s standard invoice and e-mailed to:

MSDaccountspayable@cincinnati-oh.gov

The item(s) shall be invoiced showing quantity and sufficient identification data (i.e. part number, catalog number, etc.) to facilitate audit of invoices by the City of Cincinnati.

13. Payment Terms Payment shall be made in accordance with Section 319 of the City’s Municipal Code.

14. Retention of Performance Surety Performance Surety for this contract has been waived in accordance with Section 321-135 of the Cincinnati

Municipal Code.

15. Administrative Fees This successful offeror will remit to the City an administrative fee in the amount of one percent (1%) of the total sales from this contract. The City will bill an amount equal to one percent (1%) of all expenditures paid to the contractor each quarter. Payment will be due no later than forty five (45) days after the invoice is sent to the contractor by the City.

Pricing submitted with this bid/proposal shall include the City’s administrative fee and may not be added as a line item on any invoice.

16. Living Wage

17. Wage Enforcement

18. 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).

19. Offeror’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 mailto:MSDaccountspayable@cincinnati-oh.gov monitoring or as a result of specific allegations of discrimination.

20. Minority & Women Owned Business Enterprise (M/WBE) Program Regulations Not applicable.

21. Online Reporting

Not applicable.

22. Subcontractors In the event the contractor employs a subcontractor without first securing the required approval of the subcontractor by the City, on a Form 2004, the City shall have the right to stop payment to the Contractor or withhold any monies due the Contractor until the subcontractor is approved by the City.

The City maintains a list of Vendors Debarred from Contracting or Subcontracting with the City 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.

The City shall not unreasonably withhold approval of a subcontractor.

Form 2004 Subcontractor Approval Request Form is available in the Department of Economic Inclusion, Two Centennial Plaza, 805 Central Ave., Suite 610, Cincinnati, Ohio 45202 (telephone no. 513/352-3144) or online at

Form-2004.pdf (cincinnati-oh.gov).

23. Assignments and Subcontracting Requirements The contractor agrees to constantly supervise and monitor personnel to ensure faithful prosecution of the work. The contractor shall not assign or subcontract the work or any part thereof unless prior approval from the City’s Chief

Procurement Officer using the Supplies and Services Subcontractor Approval and Substitution Request Form contained herein.

24. Assignment There shall be no assignment of this contract without the approval of the City.

25. Termination For Cause If, through any cause, the contractor shall fail to fulfill in a timely and proper manner the Contractor's obligations under this Agreement or if the Contractor violates any of the terms and conditions, covenants or agreements of the Agreement, if no attempt is made to cure the failure within a period of ten (10) days or a longer period specified in writing, the City of Cincinnati shall have the right to terminate this Agreement by giving written notice to the Contractor specifying the effective date of the termination, at least five (5) days before such effective date.

Notwithstanding the above, the Contractor shall not be relieved of liability to the City of Cincinnati for damages sustained by the City of Cincinnati by virtue of any breach of this Agreement by the Contractor, and the City of Cincinnati may withhold any payments to the Contractor for the purposes of set-off until such time as the exact amount of damages due the City of Cincinnati from the Contractor is determined. Exceptions may be made with respect to defaults of subcontractors.

26. Termination For Convenience The City may terminate this Agreement at any time for any reason upon thirty (30) days written notice to Contractor.

27. 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.

28. Insurance See Form 160 Attached http://www.cincinnati-oh.gov/purchasing https://www.cincinnati-oh.gov/sites/inclusion/assets/2024%20Compliance%20Forms/Form-2004.pdf