DIVISION OF PURCHASING - Open Data Cincinnati

CASH DISCOUNT

BIDDER TO STATE CASH DISCOUNT BELOW:

________% IF PAID WITHIN ________ DAYS

DELIVERY COMPLETED WITHIN

______________DAYS AFTER RECEIPT OF ORDER

(SEE PARAGRAPH 7 OF THE GENERAL TERMS

AND CONDITIONS)

FAXED or ELECTRONICALLY MAILED bids are unacceptable. Bids and all forms requiring signature or response must be completed and signed at submittal and signature(s) must be original; failure to do so shall cause a bid to be rejected as non-responsive.

DIVISION OF PURCHASING 805 Central Ave., Suite 234, Cincinnati, Ohio 45202-1947

INVITATION TO BID NUMBER:

161A911256

12/2015

THIS PAGE MUST BE SIGNED AND RETURNED FOR YOUR BID TO BE VALID

Contact Person(s)

Phone Number

Agency Number

Req Number

Gregory Algie

[email protected]

COMMODITY

CODE

DESCRIPTION

790-70

Topsoil Picked Up & Delivered: Rebid of Section 1

DATE ISSUED:

8/1/2016

BIDS DUE BY 08/15/2016 at 12:00 PM ET Address Bids to: City Purchasing Agent

805 Central Avenue, Suite 234

Cincinnati, Ohio 45202-1947

BID SUBMITTED BY:

COMPANY NAME:___________________________________________

ADDRESS:__________________________________________________

CITY:________________________STATE:__________ZIP:__________

PHONE NUMBER:____________________________________________

FAX NUMBER:_______________________________________________

E-MAIL:

AUTHORIZED SIGNATURE:__________________________________

PRINTED NAME:____________________________________________

TITLE:____________________________________ DATE____________

GENERAL CONDITIONS, INSTRUCTIONS, AND INFORMATION FOR BIDDER 1) Special Conditions: Special conditions included in the Bid Document shall take precedence over any provisions stipulated hereunder.

2) 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.

3) Workers' Compensations: The bidder or contractor agrees to furnish an official certification 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 Bid Document.

4) Infringements and Indemnification: The Contractor shall indemnify, defend and save the City, its agents, and employees harmless

from and against any and all losses, damages, settlements, costs, charges, professional fees, or other expenses or liabilities of every kind and character arising out of or relating to any and all claims, liens, demands, obligations, actions, proceedings, or causes of action of every kind and character in connection with or arising directly or indirectly out of errors or omissions or negligent acts by the Contractor including by the Contractor's employees and agents in the performance of this Agreement.

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

5) Default Provisions: In case of default by the bidder or contractor, the City of Cincinnati may procure the articles or services from other

sources and hold the bidder or contractor responsible for any excess costs occasioned thereby.

6) Pricing: Prices should be stated in unit of quantity specified in the Bid Document. In case of discrepancy in computing the amount of

the bid the unit prices quoted will govern.

7) Delivery: Quotations should include all charges for delivery, packing, crating, containers, etc. Unless otherwise stated by the bidder

prices quoted will be considered as being based on delivery to the destination designated in the Bid Document and to include all delivery and packing charges. As delivery may be a deciding factor in the award of an order, it is important that the bidders furnish delivery information in the space provided.

8) Specifications: Unless otherwise stated by the bidder the bid will be considered as being in strict accordance with the specifications

outlined in the Bid Document.

Reference to a particular trade name, manufacturer's catalog or model number are made for descriptive purposes to guide the bidder in interpreting the requirements of the City. They should not be construed as excluding proposals on other types of materials, equipment and supplies, However the bidder, if awarded a contract, will be required to furnish the particular item referred to in the specifications or description unless a departure or substitution is clearly noted described in the bid and approved by the City.

9) Samples: Samples, when requested, must be furnished free of expense to the City and if not destroyed, will upon request be returned

at the bidder's expense.

10) 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. If no cash discount is indicated in the space provided in the Bid Document the terms will be considered as Net-thirty (30) days. Cash discount offered for payment in fewer than twenty five (25) calendar days cannot be considered.

11) 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 Purchasing Division will continue to issue the exemption certificates upon request.

12) Bid Informalities and Rejection: The City reserves the right to waive informalities not inconsistent with law or to reject any or all bids.

13) Award: Unless otherwise specified in the Bid document of the City reserves the right to accept any item in the bid. Unless otherwise

stated in the Bid Document bidder may submit bids on any item or group of items, provided however that the unit prices are shown as requested. Award provisions are set forth in the Bid Document.

14) Payments: Partial payments may be made upon presentation of a properly executed Invoice unless otherwise stated in the Bid

Document. The final payment will be made by the City when the materials, supplies or equipment have been fully delivered and accepted or the work completed to the full satisfaction of the City.

15) Bidder's Signature: Each bid form and all forms requiring signature must be signed by the bidder at the time of submittal with his usual, original, signature. All signatures should be in full. Failure to do so shall result in the bid being rejected as non-responsive. Bids

by partnership should include the names of the partners composing the partnership and must be signed by one or more of the partners in the following manner: "John Jones and James Smith, d.b.a. Smith-Jones Company, by John Jones, a partner."

16) Submission and Receipt of Bids:

a) Bids, to receive consideration, must be received prior to the specified time of closing as designated in this Bid Document. b) Bidders must use this form. Bid forms must be returned intact. Removal of any part thereof may invalidate the bid. c) Bidders are requested to use the bid envelope furnished by the City or similarly identified envelope to assure proper handling.

Envelopes should be sealed when submitted with information requested on the back of the City bid envelope furnished in detail. d) Separate bids must be submitted on each reference number. e) Bids having any erasures or corrections thereon may be rejected unless explained or noted over the signature of the bidder. f) Bids should be mailed or delivered to the Office of the City Purchasing Agent, Cincinnati, Ohio.

17) Bidder Agrees: In compliance with this invitation of bids and subject to all conditions listed herein, the bidder offers and agrees: if this

bid be accepted within a reasonable time from date of closing, to furnish any or all of the items or render such services upon which prices are quoted, in, accordance with the specification applying and the price set opposite each item.

18) 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 rac ial 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.

19) Expiration of Obligation: All disbursements hereunder must be properly invoiced within ninety (90) days after the Completion date as

set forth in the purchasing document. The City shall have no obligation as to invoices submitted thereafter.

20) 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.

21) Interpretation of Bid and/or Contract Documents

No oral interpretation will be made to any bidder as to the meaning of the Bid and/or Contract Documents or any part thereof. Every request for such an interpretation shall be made in writing to the City. Any inquiry received within a reasonable time prior to the date fixed for the opening of bids will be given consideration. Every interpretation made to a bidder will be on file in the office of the Purchasing Division. In addition, copies will be mailed to each person holding Bid and/or Contract Documents. It shall be the bidder's responsibility to make inquiry as to any interpretations issued. All such interpretations shall become part of the Bid and/or Contract Documents and all bidders shall be bound by such interpretations whether or not received by the bidders.

22) Changes and Addenda to Bid Documents

Each change or addenda issued in relation to this document will be on file in the Purchasing Division. In addition, to the extent possible, copies will be mailed to each person registered as having received a set of the bid documents.

It shall be the bidder's responsibility to make the inquiry as to changes and addenda issued. All such changes or addenda shall become part of the contract and all bidders shall be bound by such changes or addenda.

Information on all changes or addenda will be available at the office of the City Purchasing Agent no less than five (5) working days prior to scheduled bid opening date.

Total bid inquiry or specific item cancellations may be issued later than the time specified above.

23) Cooperative Purchasing

The City of Cincinnati and other governmental entities may purchase the commodities indicated in this solicitation and the resulting contract. Each Entity will issue its own purchasing document based on the contract’s pricing.

REFERENCE NO. 161A911256 – PAGE NO. 4

BID DOCUMENT - As part of the bid submission, the bidder should return the Bid Document with all pages intact.

Removal of any pages included in the original of the Bid Document may result in the bid being determined to be non-responsive. REQUISITIONER(S) For furnishing during the period of the contract the commodity and/or service listed herein as required by various departments of the City of Cincinnati from time to time. ADDITIONAL INFORMATION AND AUTHORIZED COMMUNICATION Questions or requests for additional information regarding this solicitation shall be directed in writing to the assigned City of Cincinnati Buyer, Gregory S. Algie, via email at [email protected]. Starting on the date a procurement solicitation is issued and expiring on the date the contract is awarded, actual and prospective respondents or bidders (including their representatives or persons acting on their behalf) are prohibited from contacting any City employees other than the assigned Buyer or a representative from the City’s Purchasing Division, in any manner regarding this solicitation. Any contact other than with the assigned Buyer or the City’s Purchasing Division during the no contact period may be justification for rejection of the violator’s bid. BID AND PERFORMANCE SURETY Bid Surety and Performance Surety are hereby waived per CMC 321-131. WAGE DETERMINATION State of Ohio Prevailing Wages do not apply to this project. 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. Requisitions/orders in excess of $50,000 shall be subject to the additional approval of the Chief Procurement Officer prior to the certification of funds. INITIAL CONTRACT PERIOD The materials/services shall be delivered, as ordered, during the effective date of the contract and ending March 31, 2017.

mailto:[email protected]


OPTIONAL RENEWAL PERIOD(S) At the sole discretion of the City the contract may be renewed for two (2) additional (12) twelve month period ending March 31, 2019. These options shall be automatically exercised unless written notice to the contrary is filed with either party not later than thirty days prior to the expiration of the current contract period. Such notice shall be provided in writing no later than 30 days prior to the end of the current contract period. It is understood and agreed that the contract may be renewed only under the same conditions governing the original contract. TERMINATION

The City may terminate this Agreement at any time for any reason upon thirty (30) days written notice to Contractor. 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. SPECIFICATIONS Shall be in accordance with the City standard specification 24-276-93 and DETAILED SPECIFICATIONS included herein. AVAILABILITY/LOCATION OF STOCK The Contractor shall maintain a local stock of Topsoil in the greater Cincinnati area. The local stock shall be available at all times during normal working hours for pick-up by the City. The length of time required for deliveries, the location of the contractor’s supply, the size and the variety of the bidder’s local stock will be considered in making an award. SAMPLE The City may require samples after a review of the bids. Samples, if requested, must be delivered to the location to be specified, within ten calendar days from the date of the request. Failure to comply with this requirement will eliminate your bid from further consideration.


PRICING Prices shall be firm, not subject to change. QUANTITIES AND DURATION The quantities listed herein are the City Department(s) or Division(s) listed herein estimated requirements for a Twelve 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. COOPERATIVE PURCHASING The City of Cincinnati and other governmental entities may purchase the commodities indicated in this solicitation and the resulting contract. Each Entity will issue its own purchasing document based on the contract’s pricing. DELIVERY The material shall be delivered as needed and ordered to the Parks Department. 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 canceled 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 canceled. It is agreed that both options may be taken with no liability to the City. OHIO SALES TAX Prices should not include Ohio Sales Tax on materials used on this project. The City will furnish exemption certificates to the contractor upon request to the Division of Purchasing. SEND INVOICE TO Invoices must be submitted on the contractor’s standard invoice. The item(s) shall be invoiced showing quantity and sufficient identification data (i.e. part number, catalog number, etc.) so as to facilitate audit of invoices by the City of Cincinnati.


Separate invoices shall be submitted to each City Department or Division listed below. Department or Division Mail Invoice Form to: Recreation Commission 805 Central Avenue - Ste 800 - 45202 Metropolitan Sewer District 1600 Gest Street - 45203 Lunken Airport Lunken Airport - 45226 Superintendents Office Traffic and Road Operations 3300 Colerain Avenue - 45225 Parks 950 Eden Park Drive – 45202 STATEMENT OF NON-COLLUSION In submitting this bid, the bidder affirms that the bid is genuine and not collusive or a sham; that said bidder is not financially interested in, or otherwise affiliated in a business way with any other bidder on the same contract; that said bidder has not colluded, conspired, connived, or agreed, directly or indirectly, with any bidder or person, to put in a sham bid, or that such other person shall refrain from bidding, and has not in any manner, directly or indirectly sought by agreement or collusion, or communication or conference, with any person, to fix the bid price of this or any other bid, or to fix any overhead, profit or cost element of said bid price, or of that of any other bidder, or to secure any advantage against the City of Cincinnati or any person or persons interested in the proposed contract; and that all statements contained in said proposal or bid are true; and further, that such bidder has not, directly or indirectly submitted this bid, or the contents thereof, or divulged information or data relative thereto to any association or to any member or agent thereof. CONTRACT COMPLIANCE REQUIREMENTS The Contractor shall be subject to the provisions of the City of Cincinnati Municipal Code Chapter 325, regarding Equal Employment Opportunity, and Municipal Code Chapter 323, regarding the Small Business Enterprise Program. EEO PROGRAM 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 vendor awarded the contract to complete and submit a DEI 147 form. The DEI 147 form is designed to provide an evaluation of the vendor’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 bid due to the vendor being non responsive. SMALL BUSINESS ENTERPRISE (SBE) AND MINORITY & WOMEN BUSINESS ENTERPRISE (M/WBE) PROGRAMS Requirements of the City of Cincinnati Municipal Code Chapter 323 (SBE Program) and 324


(M/WBE Program), and amendments thereto are applicable. The contract with the City shall be subject to, and the contractor shall comply with, the provisions of Cincinnati Municipal Code Chapter 323 and 324. Section 323-99 and 324-99 shall be incorporated by reference into the contract with the City. Details concerning this program can be obtained from the Department of Economic Inclusion, Two Centennial Plaza, 805 Central Avenue, Suite 610, Cincinnati, Ohio 45202 or via http://www.cincinnati-oh.gov/inclusion/. The Contractor shall utilize best efforts to recruit and maximize the participation of all qualified segments of the business community in subcontracting work, which includes the utilization of Small Business Enterprises (“SBEs”). This includes the use of practices such as assuring the inclusion of qualified Small Business Enterprises in bid solicitations and dividing large contracts into smaller contracts when economically feasible. The Bidder is responsible for verifying that each SBE or M/WBE to be used on a contract is certified by the time of bid closing. The M/WBE and/or SBE 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 SBEs and/or M/WBEs is available online at https://cincinnati.diversitycompliance.com or at the offices of DEI. OFFEROR’S COVENANT OF NON-DISCRIMINATION Pursuant to the City of Cincinnati’s policy of non-discrimination, specifically in its purchasing and contracting practices, by signing this bid 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;

If awarded the contract, 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.

VENDORS INELIGIBLE TO CONTRACT OR SUBCONTRACT WITH 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 to the Chief Procurement Officer. The City will not contract with any person or firm on the list. It is each Bidder’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.

http://www.cincinnati-oh.gov/inclusion/

https://cincinnati.diversitycompliance.com/

http://www.cincinnati-oh.gov/purchasing


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. Form may be submitted with the bid or during the contract period, but assignments/subcontracting may not occur unless approved. WAGE ENFORCEMENT This contract is or may be subject to the Wage Enforcement provisions of the Cincinnati Municipal Code. These provisions require that any person who has an agreement with the city or with a contractor or subcontractor of that person 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. Under the Wage Enforcement provisions, the City shall have the authority, under appropriate circumstances, to terminate this Agreement or reduce the incentives or subsidies to be provided under this Agreement and to seek other remedies. ADMINISTRATIVE FEES The successful Bidder will remit to the City an Administrative Fee in the amount of one percent (1%) of the total sales from this contract. The pricing submitted with this proposal shall include the City’s Administrative Fee. ADMINISTRATIVE FEES MAY NOT BE ADDED AS A LINE ITEM ON ANY INVOICE. A statement verifying the total sales amount must accompany the remittance. This remittance will be due not later than 45 days after the last day of each calendar quarter. Please provide a sample statement document for review. INSURANCE See Form 160 attached. AWARDING CRITERIA In making an award the City will evaluate the bids received considering such factors as listed below as well as other factors, which are considered pertinent: 1. Price 2. Compliance with bid conditions and specifications 3. Location of contractor supply of topsoil 4. Availability of local stock 5. Ease of placing an order 6. Operating hours 7. Length of time required for delivery


Prices should be quoted in the units requested; however, the City will intend to award a contract considering the total requirements. For a bid to receive consideration prices must be quoted for each and every item within a bid section. A bidder may bid on one or both sections.

AWARD BY SECTIONS The City reserves the right to award multiple contracts. Contracts will be awarded to the lowest and best bidders on Section I and Section II. FOR A BID TO BE CONSIDERED, PRICES MUST BE QUOTED FOR EACH ITEM WITHIN A SECTION. FAILURE TO DO SO WILL INVALIDATE THE BID. The awarding criteria will be used to select the successful bidders. The City makes no guarantee of percentage position or priority of each Agency’s use of each contract. The City reserves the right to issue separate purchase orders with other agencies when necessary to provide maximum efficiency and continuity of operation. METHOD OF AWARD - LOWEST AND BEST BIDDER The City reserves the right to review substitutions offered and may, based solely on its judgment, in regard to specification and/or cost criteria, elect to award based on the offered substitution. The City reserves the right to accept or reject any or all add and/or deduct alternates when, in the opinion of the awarding authority, such acceptance or rejection is in the best interest of the City. Before an award of the contract is made, the City shall determine which add and/or deduct alternates will be accepted. A final determination of lowest and best bid shall be based on factors as delineated in Cincinnati Municipal Code Sections 321-13 and 321-37. In determining the low bid, each bidder's base bid shall be combined with the add and/or deduct alternates accepted by the City, and any substitutions offered and accepted by the City. In the event no alternates are requested by the City in the bid document and no substitutions are offered, the low bid shall be determined on the basis of the base bid. The City shall intend to award the contract to the lowest and best responsive bidder.


REQUIREMENTS AND DATA

SECTION I

East Side (East of Vine Street)

This section is for Delivery and Pick Up for all Cincinnati areas East of Vine Street. In order to bid on this section the bidder must have a pick up location on Vine Street or East of Vine Street. Product may be delivered from outside of this area, but a pick up location must be located within this area. Pick Up Location Address: ____________________________________________________ ____________________________________________________ Estimates are for a twelve (12) month period. Estimates indicated will be used solely for the purpose of making a tabulation of bids. All quantities are on a more or less basis. Commodity Code: 790-70-01 Item 1: Delivered top quality shredded topsoil in minimum lots of 6 cubic yards Est. 30 Cubic Yards $ /per cu. yd. Commodity Code: 790-70-02 Item 2: Top quality shredded topsoil to be picked up by City personnel No estimate $ /per cu. yd. Commodity Code: 790-70-03 Item 3: Delivered top quality shredded and screened topsoil in minimum lots of 6 cubic yards. Est. 1,800 Cubic Yards $ /per cu. yd. Commodity Code: 790-70-04 Item 4: Top quality shredded and screened topsoil to be picked up by City personnel Est. 2,000 Cubic Yards $ /per cu. yd. Quantity Weight Verification Cubic Yards – State method of quantity verification:


Alternate Locations of topsoil: _ _______________________________________________ DELIVERY COMPLETIONS Delivery of topsoil and hardwood mulch shall be completed within calendar days from receipt of notice to furnish from the using agency. Note: As delivery may be a deciding factor in the award of a contract, it is important that

bidder furnish the information requested above.


QUESTIONNAIRE

DEVIATIONS Are there deviations from the Detailed Specifications? Yes No If "yes," please list all deviations: _______________________________________________________________________ _______________________________________________________________________ Unless otherwise stated by the bidder in the above space, the proposal will be considered as being in strict accordance with the Detailed Specifications even though the manufacturer’s literature indicated deviations. Alternate Location(s) of local stock for pickup: _______ Operating hours: _____________________ Contact Person for ordering; phone number; email: ________ ___ ___________________________________ Time required for Delivery from time of ordering: _____________

DETAILED SPECIFICATIONS

TOPSOIL NON-EXCLUSIVE CONTRACT The contract shall not be construed as the sole privilege of furnishing the City’s requirements of topsoil. The City reserves the right to solicit separate bids for “large quantities” of materials that might be required during this contract period for specific projects, whenever such action is felt to be in the best interest of the City. For the purpose of this contract, the term “large quantities” shall be defined as a quantity in excess of the total amount estimated herein for any one project. SPECIAL CONDITIONS An inspection of the topsoil at the source and other areas where the same surfacing material has been previously laid and has existed under winter weathering may be made by the City prior to awarding of contract. The final award will be predicated on the suitable quality of the material for the intended use and the ability of the bidder to meet conditions as to delivery. SCREENING After topsoil has been shredded it shall be screened using a 10mm screen to remove all clods or foreign materials.

CITY OF CINCINNATI DIVISION OF PURCHASING STANDARD SPECIFICATION

SPEC. NO. 24-276-93 DATE: DECEMBER 14, 1993 TITLE: 1. TOPSOIL SHREDDED,

2. TOPSOIL SHREDDED AND SCREENED

1. GENERAL REQUIREMENTS

1.1 SCOPE

This specification covers high quality shredded and high quality shredded and screened topsoil.

1.2 MANDATORY REQUIREMENT TERMS

The terms “shall,” “must,” etc., which have been omitted for conciseness from the following paragraphs, shall apply to all requirements of this specification unless otherwise specified.

2. DETAILED REQUIREMENTS

2.1 DESCRIPTION

Loose, friable, loamy, without admixture of subsoil or refuse. Free from debris, stone, pebbles, undesirable vegetation, herbicides, and other

foreign matter. Free from clods and lumps. 1. Shredded. 2. Shredded then screened using a 10 MM screen to remove all clods and foreign

materials. 2.2 SOLUBLE CLAY CONTENT

Not more than 20 percent when tested in accordance with Paragraph 3.2.1. 2.3 SILICA CONTENT

Range between 60 and 75 percent when tested in accordance with paragraph 3.2.2.

2.4 ORGANIC MATTER CONTENT

Range between six and 10 percent as determined by loss on ignition of sample, over dried to a constant weight at 212 degrees F from an air dried sample.

24-276

2.5 WEIGHT Not less than 2600 lbs. per cubic yard irrespective of moisture content. Testing, if performed, shall be as follows:

3. INSPECTION AND TESTING INSPECTION SOURCE 3.1 Advise City of the area from which topsoil will be taken. 3.2 Remove from an area which is subject to inspection and approval by a City

representative. 3.2.1 SOLUBLE CLAY CONTENT

Place 100 gram sample of topsoil into an aluminum dish and air dry for 12 hours. Crush sample to approximately 10 mesh and place 10 grams of representative sample in a 150 cc beaker. Add to the beaker a mixture of 25 ml of distilled water and 15 ml of glacial acetic acid. Cover beaker with a watch glass and place on hot plate of medium intensity for one hour. Remove beaker from heat, allow to cool, and filter contents, catching filtrate in a 250 cc beaker. Bring filtrate up to 200 cc by adding distilled water, if not at this approximate volume after washing. To this amount add 15 to 25 ml of ammonium oxalate solution. Allow resulting precipitate to digest for 15 minutes on hot plate, then filter same through a No. 41 Whatman filter paper. After careful washing of precipitate, ignite contents at approximately 1800 degrees F. Allow resulting oxide to cool and weigh as calcium oxide (CaO) Calculate to the nearest 0.1% the percentage of soluble clay as determined by the amount of calcium carbonate calculated from the weight of calcium oxide present, in accordance with the following formula: C = O x 1.79 x 100 S Where C = Percentage of soluble clay (calcium carbonate) O = Weight of calcium oxide S = Weight of Starting Sample

24-276

3.2.2 SILICA CONTENT

Place a gram sample of finely crushed topsoil in beaker. Add 20 ml perchloric acid, 1 ml nitric acid, and 2 ml hydrochloride acid. Place on hot place set at medium intensity heat for one hour. Remove beaker from heat and allow to cool. Add 50 ml distilled water to dissolve salts formed. Heat contents slightly to 180 degrees and filter through No. 31 Whatman filter paper. Wash precipitate 6 to 8 times and ignite in a platinum crucible at 1850 degrees F. Allow resulting oxides to cool and weigh as silicon dioxide. Calculate to the nearest 0.1% the percentage of silica, as determined by the amount of silicon dioxide (SiO)

2 present, in accordance with the following formula:

where SD = percentage of silica silicon dioxide O = weight of silicon dioxide S = weight of starting sample

3.3 REJECTION

Promptly remove topsoil not meeting those specifications, at no expense to the City. 3.4 WEIGHT OR QUANTITY VERIFICATION

The City shall have the right to require contractor to have the weight or quantity verified prior to delivery and at pick-up. Contractor shall pay for the verification cost. If verification is by weight, and the weight is below weight requirement specified, the charge per cubic yard shall be reduced accordingly.

City of Cincinnati

Purchasing Division

BID SUBMISSION CHECKLIST Please be sure the following items are completed and included in your bid response: (Read bid document in its entirety; i.e. read all bid specifications, drawings, general terms and conditions, etc. Respond to all applicable inquiries.)

here Form no. Form Name/Description COMPLETED

Complete “Bid Submitted By” information on first page (be sure to sign your bid)

Complete Bid Form/Requirements and Data (pricing information)

2003 M/WBE, 2004 M/WBE,

2004-1 M/WBE

Complete Subcontractor Forms (2003 M/WBE, 2004 M/WBE, 2004-1 M/WBE)

DEI 147 EEO information – complete/sign

Purch 160 Proof of insurance & Workers Comp. information (be sure to include in your bid submission)

The City of Cincinnati is committed to maximizing subcontracting opportunities for all qualified and available Small Business Enterprises (SBEs).

Pursuant to the Subcontracting Outreach Program requirements , the following forms are included in the bid document and must be completed and/or signed and included as part of the bid submission.

here Form no. Form Name/Description COMPLETED

2003 Subcontractor M/WBE Utilization Plan

2004 Statement of Intent to Self-Perform

2004-1 Statement of Intent to Utilize Firms

The following forms are included in the bid invitation for information purposes only and do not have to be completed as part of the bid submission.

Form 2006 – Subcontractor Substitution.

If you have any questions or need assistance in meeting the SBE requirements, please feel free to contact the Department of Economic Inclusion at (513) 352-3144.

Form Purch 160 (Rev. 02/2003)

CONTRACTORS INSURANCE

1. ALL INSURANCE 1.1 General

It shall be the responsibility of the contractor to protect all life and property, and to protect himself, subcontractors, and the City from operations carried out in the performance of this contract. The contractor shall secure Workers' Compensation insurance, General Liability, Automobile Liability, and other insurance as described below and on the reverse side hereof, as well as any other insurance which the City feels is necessary. The insurance carrier shall be licensed to write insurance in the State of Ohio and the policies(s) shall be in full force as of the date of the contract and shall not be changed or canceled unless the insured and the City Purchasing Agent are notified in writing not less than thirty days prior to such change or cancellation. If any part of the contract is sublet, the contractor is responsible for the part sublet being adequately covered by insurance as specified herein.

1.2 Proof of Carriage

The policies or certificates of proof shall be delivered in triplicate to the City Purchasing Agent, 805 Central Avenue, Suite 234, Cincinnati, Ohio 45202-1972.

2. STATE OF OHIO WORKERS COMPENSATION INSURANCE

2.1 Coverage Required

State of Ohio Workers' Compensation insurance for all employees employed at the site of the project, and in case any work is sublet, the Contractor shall require the subcontractor similarly to provide State of Ohio Workers' Compensation insurance for all the latter's employees unless such employees are covered by the protection afforded by the contractor.


Certificate or Policy

3. GENERAL LIABILITY INSURANCE 3.1 Coverage Required

At least the types of Liability Insurance and in the amounts specified on the reverse of the form. This insurance shall protect the contractor and any subcontractor performing work covered by the contract and the City of Cincinnati from all claims for personal injury and property damage, which may arise from operations under this contract, whether such operations be by the contractor or by any subcontractor or by anyone directly or indirectly employed by either of them.

3.2 Proof of Carriage (a) A policy or policies naming the contractor, subcontractors, and the City of Cincinnati as an additional insured or, (b) A Certificate of Insurance executed by the insuring company or its authorized agent indicating that the contractor

and subcontractors have the specified coverage and endorsed to include the City of as an additional insured. In addition, a copy of the additional insured endorsement to the actual policy is required.

Page 1 of 2

Page 2 of 2

Form Purch 160 (Rev. 02/2003) 4. OTHER INSURANCE

4.1 Coverage Required

At least the types and in the amounts specified on the reverse of this form. When hazards exist which are not normally covered by general liability insurance they shall be covered by a rider to the general liability policy or by a separate policy.

4.2 Demolition Coverage

When demolition work is performed, demolition coverage is required by a rider to the general liability policy or by a separate policy.


Unless otherwise specified, proof shall be in the form stated in section 3.2.

5. FAILURE TO KEEP INSURANCE IN EFFECT

If insurance is permitted to lapse, payment for work done or commodity furnished during the period when the insurance is not in effect will be withheld by the City. Reinstatement of insurance effective to the date when it lapsed will be required before payment by the City will be made for the withheld amount.

BASIC INSURANCE COVERAGE

General Liability

Combined Single Limit-

BI & PD

$1,000,000 Per Occurrence

Personal Injury


Aggregate

$1,000,000

Automobile Liability

Combined Single Limit-

BI & PD


Aggregate

$1,000,000

Note: Coverage should include hired and non-owned autos. Builders Risk

"All Risk" Builders Risk policy which shall provide Fire and Extended Coverage, Vandalism and Malicious Mischief coverage for an amount equal to one hundred percent (100%) of the completed value of the project and shall be written in the Owner's and Contractors name.

CITY OF CINCINNATI 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, 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. The City of Cincinnati prohibits discrimination against any person or business in pursuit of these opportunities on the basis of race, religion, color, sex, sexual orientation, gender identification, national or ethnic origin, age, handicap, or Vietnam military service. The City will conduct its contracting and purchasing programs so as to discourage any discrimination and will vigorously seek to resolve all claims of discrimination. If you are going to subcontract, you must complete, sign and return the following forms with your bid/proposal:

Subcontractor Utilization Plan (Form 2003) must be completed and signed only for bids that include subcontracts,

Statement of Good Faith Efforts (Form 2007) must be completed, signed with the applicable attachments only for bids that include subcontracts, and

Outreach/Good Faith Efforts Form (Form 2007-a) must be completed, and signed only for bids that include subcontracts.

Subcontractor Approval Request (Form 2004) must be completed and signed only for bids that include subcontracts.

If you are not going to subcontract, none of the SBE forms need to be completed. The following forms are included in the bid invitation for information purposes only and do not have to be submitted with the bid/proposal:

Form 2005 – Subcontractor Monthly Business Utilization Report: (must be entered on the online B2Gnow contracting modular http://cincinnati.diversitycompliance.com and submitted with monthly invoice).

Form 2006 – Subcontractor Substitution Form: (must be submitted before contractor starts for advance approval with any proposed change with SBE subcontractors).

If you have any questions or need assistance in meeting these requirements, please contact the Department of Economic Inclusion at (513) 352-3144.

Form 2003

(SUBMIT WITH

BID/PROPOSAL)

CITY OF CINCINNATI SUBCONTRACTOR SBE/M/WBE UTILIZATION PLAN

Bid Reference No.______________

THIS DOCUMENT MUST BE ACCURATELY COMPLETED, SIGNED AND SUBMITTED WITH THE BID OR PROPOSAL

PROCUREMENT DESCRIPTION:

DATE SUBMITTED: TOTAL CONTRACT VALUE $:

COMPANY NAME: FEDERAL TAX ID#

ADDRESS/TELEPHONE:

THE ABOVE NAMED COMPANY PROPOSES TO USE THE SERVICES OF THE FOLLOWING LISTED FIRM(S) DEMONSTRATING SUFFICIENCY TO MEET OR EXCEED THE MANDATORY SUBCONTRACTING PARTICIPATION LEVEL. THE BIDDER MUST LIST ALL SUBCONTRACTORS, REGARDLESS OF AMOUNT OR SERVICE. FAILURE TO COMPLETE THIS FORM WITH ALL THE PERTINENT- REQUESTED INFORMATION (AS INDICATED IN EACH COLUMN) MAY CAUSE A BID TO BE DETERMINED AS NON-RESPONSIVE FOR SBE/M/WBE REVIEW PURPOSES.

Name/Address/Telephone Federal Tax

ID# Describe Exact Type Of

Work/Supplier Subcontract

Dollars Subcontract

Percentage MBE or WBE

FOR OFFICE USE

ONLY (SBE CALCULATION)

I certify that the above information is true to the best of my knowledge. The company acknowledges and agrees that if awarded the contract the information provided on this Form 2003 shall be incorporated into the terms and conditions of the final contract between the City and the Company. I acknowledge and agree that any changes to the above information must be submitted in writing on the Substitution Form 2006 and approved in advance by the City.

Signature

Title DATE

CITY OF CINCINNATI

STATEMENT OF GOOD FAITH EFFORTS

Bid Number____________________

By the signature below of an authorized company representative, we certify that we have utilized the

following methods to obtain the maximum practicable participation by small business enterprises on this

project. Please indicate which methods you used by placing an X in the appropriate place.

YOU MUST SUBMIT YOUR SUPPORTING DOCUMENTATION WITH YOUR BID.

NEW INFORMATION WILL NOT BE ACCEPTED AFTER THE BID CLOSING DATE.

Minimum score required to establish “good faith” effort is 50 points. _____

Identified sufficient subcontracting work to meet goal (attach content of

advertisements and written notices to subcontractors indicating type of work

to be subcontracted).

10 Points

_____ Written Notice to Subcontractors (submit copy of each letter sent, or if one

master notification, submit copy of letter and recipient list).

15 Points

_____ Follow-up to initial solicitations (submit copy of call logs).

20 Points

_____ Advertising (attach content of advertisements, which must include project

name, bidder, work available, contact person’s name and number,

information on availability of plans and specifications and bidder’s policy

concerning assistance to subcontractors in obtaining bonds, credit lines

and/or insurance; date of advertising and publications).

15 Points

_____ Assistance with bonds, credit lines, insurance (submit copy of advertising

and written notices to subcontractors).

30 Points

_____ Provision of plans, specifications and requirements: Bidder provided

interested sub-bidders with access to plans, specifications and

requirements for subject project.

5 points

_____ Other (please list any other methods utilized that aren’t covered above). _____________________________________________________________

_____________________________________________________________

___________________________________________

5 Points

____________________________________________ _____________________ Company Date

________________________________________________________________ Company Representative (Name and Title)

FORM 2007

(SUBMIT WITH

BID/PROPOSAL)

CITY OF CINCINNATI

OUTREACH/GOOD FAITH SUMMARY SHEET

Bid Reference No. COMPANY NAME:

ADDRESS/TELEPHONE:

BID PACKAGE:

BID DATE:

Please list the name(s) of all firms contacted and their responses to the above Bid package. If additional space is required, this form may be duplicated.

I hereby certify that the above information is true and accurate.

___________________________________________ ______________________________________ Company Representative (Name/Title) Date

Name/Address

Type

Of

Work/Service(s) Solicited

Indicate

How Businesses

Were Contacted

(i.e. Letter, Phone, Fax)

Response To Solicitation

(i.e. Will Submit Bid,

No Response, Not

Interested)

Company

Representative

Telephone Fax

Number

FORM 2007-a

(SUBMIT WITH BID/PROPOSAL)

CITY OF CINCINNATI

SUBCONTRACTOR APPROVAL REQUEST Statement of Intent to Utilize Firms

Bid Reference No. THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID SUBMITTAL.

INFORMATION RECORDED HEREIN WILL BE INCORPORATED IN THE AWARDEES’ CONTRACT.

PROJECT NAME CONTRACT NO.

City Agency Administering Contract Contact Person Phone No.

Requesting Contractor Federal Tax ID Address Zip Code

Authorized Representative Title Phone No.

Prime Contractor (If not the same as above) Federal Tax ID Address Zip Code

Prime Contractor E-Mail Address

SUBCONTRACTOR Federal Tax ID Address Zip Code

Authorized Representative Title Phone No. Fax No.

E-Mail Address Is SBE certified by the City of Cincinnati? YES NO

ITEM

NUMBER DESCRIPTION OF WORK

SUBCONTRACT’S

CONTRACT AMOUNT $

% OF TOTAL

CONTRACT

PRICE

ESTIMATEDSTART DATE

COMPLETION DATE

Total Value of Work

SUBCONTRACTOR DATE

Requesting Contractor DATE

Prime Contractor (If not the same as above) DATE

Specialist Initial DATE

Contract Administering Agency DATE

Director of Economic Inclusion DATE

FORM 2004

SUBCONTRACTOR

SIGNATURES

INSTRUCTIONS FOR COMPLETING FORM 2005 SUBCONTRACTOR MONTHLY BUSINESS UTILIZATION REPORT

Record of Payments

(This form may be photocopied by the Contractor/Subcontractor.)

Below are instructions on how to complete the Form 2005. This form is to be completed in its entirety by each prime contractor, signed and dated by a responsible official of the company, and submitted with each payment application. If these requirements are not met, your payment application will be delayed. 1. Project Name: ................................... Indicate official name of the project

2. Contract #: ........................................ Indicate contract number issued by the City of Cincinnati

3. Company Name: ............................... Indicate company that is paying subcontractors

4. Federal Tax ID #: .............................. Indicate Federal Tax Identification or Social Security Number

5. Date Form Submitted:....................... Indicate date the form is being submitted

6. Work Period Ending: ......................... Indicate date of work period ending

7. Address: ............................................ Indicate address of company submitting form (include address, city, state and

.......................................................... zip)

8. Contact Person: ................................ Indicate Company’s contact person responsible for completing this form

. ......................................................... (Include contact phone & fax #)

9. Subcontractor/Vendor ID#: ............... Indicate Subcontractor name and Vendor ID#. All subcontractors (SBE &

.......................................................... Non-SBE) providing services under this trade contract must be included

10. Street address, zip and phone: ......... Indicate street address, zip and phone number for subcontractors.

11. Description of Work: ......................... Indicate description of work being provided

12. Total Subcontract Amount: ............... Indicate Current Subcontract Amount. This amount must reflect revised

.......................................................... contract values due to Change Orders, Allowance Appropriations and

.......................................................... Accepted Alternates

13. Amount Paid for the Period: ............. Indicate current amount compensated or become due for the period

14. Total Amount Paid to Date: ............. Indicate total amount paid to date. Add the Amount Paid for the Period (for

.......................................................... each period) to equal the Total Amount Paid to Date.

15. Percentage of Work Completed: ...... Based on the dollar amount compensated to Subcontractor and material

.......................................................... supplier. Take the Total Amount Paid to Date and divide the Total

.......................................................... Subcontractor Amount and multiply that total by 100 to get the Percentage of

.......................................................... Work Completed figure

See examples below:

a. (1) Total Amount Paid to Date X (multiply by) 100 = % of Job completed by

(2) Total Subcontractor Amount.

b. (1) $37,458.00 X 100 + 74.91% or 75% of Job completed

(2) $50,000.00

16. Schedule Start Date:......................... Indicate Date Subcontractor will start

17. Scheduled End Date: ........................ Indicate Date Subcontractor will finish

18. Company Representative: ................ Signature of person preparing form

19. Title: .................................................. Official Title of person preparing form

20. Date: ................................................. Indicate Date of Submittal

CITY OF CINCINNATI

SUBCONTRACTOR MONTHLY BUSINESS UTILIZATION REPORT

RECORD OF PAYMENTS MUST BE ENTERED ONLINE AT B2GNOW

Bid Reference No.

THIS DOCUMENT MUST BE SUBMITTED WITH MONTHLY INVOICE

PROJECT NAME: CONTRACT#:

DATE FORM SUBMITTED: WORK PERIOD ENDING:

COMPANY NAME:

ADDRESS:

FEDERAL TAX ID#: CONTACT PERSON:

Subcontractor/Vendor ID# (Street Address/Zip/Telephone)

Description Of Work Total

Sub-Contract

Amount

Amount Paid

For The Period

Total Amount Paid

To-Date

Percentage Of

Work

Completed

Scheduled Start

Date

Scheduled End

Date

The undersigned certifies that the information recorded above is correct, and that each of the representations set forth above is true. The undersigned further acknowledges that any misrepresentation hereon may result in termination of contract and/or prosecution under applicable Federal and State laws concerning false statements and false claims.

Company Representative________________________________________ Title: _____________________________ Date: _________________

FORM 2005 (SUBMIT WITH MONTHLY VOUCHER)

Form 2006

CITY OF CINCINNATI SUBCONTRACTOR SUBSTITUTION

Bid Reference No.

THIS FORM MUST BE APPROVED BY THE DEPARTMENT OF ECONOMIC INCUSION PRIOR TO TERMINATING A CONTRACT WITH A SMALL BUSINESS ENTERPRISE (SBE) OR DISADVANTAGED BUSINESS ENTERPRISE (DBE) AFTER THE BIDS OR PROPOSALS HAVE BEEN SUBMITTED OR CONTRACT HAS BEEN AWARDED. CONTRACTOR MUST PROVIDE A WRITTEN EXPLANATION FOR THE SUBSITUTION REQUEST. INFORMATION RECORDED HEREIN WILL BE INCORPORATED IN THE

AWARDEES’ CONTRACT.

Company Name: _________________________________________ Project Name: ___________________________________

Address: _____________________________________________________________ Date Submitted_________________

___________________________________________will be substituted for ______________________________ to perform work on

(Name of Subcontractor/Supplier (Name of Subcontractor/Supplier)

Or supply goods for the above described contract.

____________________________________ will enter into a formal agreement for the work upon approval by the Owner and agrees with

(Subcontractor/Supplier)

New Subcontractor/Supplier EIN#: ______________ Circle Type of Business: SBE DBE MBE WBE NONE

Attach a copy of the reason for SBE, MBE or WBE substitution

ITEM

NUMBER DESCRIPTION OF WORK

SUBCONTRACT/P.O.

PRICE

% OF

TOTAL

CONTRACT

PRICE

START DATE

COMPLETION DATE

TOTAL VALUE OF WORK

Prime/General Contractor:

Signature of Company Representative________________________________________________

Title: ___________________________ Date: ______________ EIN#:________________________

Subcontractor/Supplier Replaced: I relinquish my quote for the above contract.

Signature of CompanyRepresentative________________________________________________

Title: _____________________________ Date: ______________ EIN#:______________________

Request is Approved_____ Denied_______

___________________________ Date:________

Authorized Signature: Economic Inclusion

CITY OF CINCINNATI EQUAL EMPLOYMENT OPPORTUNITY

PROGRAM

Adopted by Ordinance Nos. 331-1999 and 235-2013.

This form is designed to provide an evaluation of your policies and practices relating to the extension of equal employment opportunity to all persons without regard to race, religion, color, sex, sexual orientation, gender identity, or national origin.

Ordinances of the City of Cincinnati and the rules and regulations pursuant thereto provide for contract compliance inspection of personnel policies and practices relating to designated contracts with the City including contracts for construction, labor, services, materials, supplies, equipment, leases, loan and concession agreements.

Completion of this Report is one of the steps which demonstrates compliance with the City’s Equal Employment Opportunity (EEO) Program. Responsibility for demonstrating compliance with the Program by the contractor and his subcontractor rests with the contractor or subcontractors. Such demonstration is a prerequisite for continued eligibility for bidding on City of Cincinnati contracts. Your company’s failure to demonstrate sincere efforts to comply with the City's EEO Program may result in the following action(s) being taken against your company.

1) Refusal of all future bids or proposals for any contract with the city or its boards or commissions until such time as the contractor demonstrates that there has been established and there shall be carried out all of the provisions of the program..

2) Cancellation of the contract. In a case in which there is substantial or a material violation of the compliance procedures herein set forth or as may be provided for by the contract, appropriate proceedings may be brought to enforce those provisions, including the enjoining, within applicable law, of contractors, subcontractors, or other organizations, individuals or groups who prevent or seek to prevent, directly or indirectly, compliance with the policy as herein provided.

PROCEDURE

You must complete Form DEI 147 prior to award of a bid/contract. You cannot receive an award without having Form DEI 147 approved by the City’s Department of Economic Inclusion.

Please complete and return pages one (1), three (3), four (4) and six (6) to:

Department of Economic Inclusion For further information call: (513) 352-3144 805 Central Avenue, Suite 610 Two Centennial Plaza Cincinnati, Ohio 45202

FAILURE TO SUBMIT COMPLETE AND ACCURATE INFORMATION ON FORM DEI 147 WITHIN TEN (10) DAYS OF NOTIFICATION FROM THE DEPARTMENT OF ECONOMIC INCLUSION SHALL BE GROUNDS FOR REJECTION OF YOUR BID/CONTRACT AS BENG NON-RESPONSIVE. Company Name: _____________________________________________________________

Date: _________________

Revised 12/1/2015

FORM DEI 147

EQUAL EMPLOYMENT OPPORTUNITY CLAUSE

During the performance of this contract, the contractor agrees as follows:

1. The contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, sexual orientation, gender identity, or national origin. As used here, the phrase “shall not discriminate” applies without limitation to the following: (1) recruitment, whether by advertising or other means; (2) compensation, whether in the form of rates of pay, or other forms of compensation; (3) selection for training, including apprenticeship; and (4) promotion, upgrading, demotion, downgrading, transfer, laying off, and termination. The contractor agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non-discrimination clause.

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

3. The contractor shall furnish all information and reports required by the Department of Economic Inclusion

pursuant to Cincinnati Municipal Code Chapter 325, and shall permit access to the books, records, and accounts of the contractor during normal business hours by the Department of Economic Inclusion for the purpose of investigation so as to ascertain compliance with the program.

4. The contractor shall include the provisions of this equal employment opportunity clause in every subcontract, sublease, or purchase order so that such provisions will be binding upon each subcontractor, sublessee, or vendor. The contractor shall take such action with respect to any subcontractor as the City may direct as a means of enforcing the provisions herein, including penalties and sanctions for non-compliance, provided, however, that in the event the contractor becomes involved in or is threatened with litigation as the result of such direction by the City, the City may enter into such litigation as is necessary to protect the interest of the city and to effectuate the EEO program of the city; and in the case of contracts receiving Federal assistance, the contractor or the city may request the United States to enter into such litigation to protect the interests of the United States.

5. The contractor shall file compliance reports at reasonable times and intervals with the City in the form and to the extent prescribed by the Department of Economic Inclusion. Compliance reports filed shall contain information as to employment practices, policies, programs, and statistics of the contractor.

POLICIES AND PRACTICES

The bidder/contractor will indicate his/her willingness to comply with the requirements of the Equal Employment Opportunity Program of the City of Cincinnati by encircling the applicable letters to the left of each item below. The letters are to be interpreted as follows:

A - This is now a practice of the Company/Organization.

B - The Company/Organization will adopt this policy.

C - The Company/Organization cannot or will not adopt this policy. (If “C” is circled state reason. Use separate sheet if additional space is needed.)

It is understood that the Company’s/Organization’s willingness to participate in the Equal Employment Opportunity Program will be evaluated by the Department of Economic Inclusion. This evaluation will directly influence our decision on the qualifications of each bidder/contractor and is an integral part of your bid/contract.

ALL QUESTIONS MUST BE ANSWERED.

Circle One

Items State Reason if (C) is Circled

A

B

C

1. The Company/Organization will adopt a policy of non-discrimination, on the basis of race, religion, color, sex, sexual orientation, gender identity, or national origin applicable to employees or applicants for employment in recruitment, compensation, training, upgrading, promotion, demotion, downgrading, transfer, laying off and termination.. An Affirmative Action Plan including goals and timetables will be developed to correct existing deficiencies in the aforementioned areas, if those deficiencies exist.

A

B

C

2. The Company/Organization will assign responsibility to one of its officials to develop procedures which will assure that this policy is understood and carried out by managerial, administrative and supervisory personnel.

Official’s Name: _____________________________

Title: ________________________________

A

B

C

3. The Company/Organization will state its non-discrimination policy in writing and communicate it to the following: a. All employees b. All advertisement and recruitment sources c. All relevant employee organizations including labor unions d. All subcontractors

A

B

C

4. If the Company/Organization should need to use recruitment sources such as employment agencies, unions, and schools, these sources will have a policy of referring applicants using the same standards of non-discrimination required by the City’s EEO program and as defined in Item #1 above.

CITY OF CINCINNATI

DEPARTMENT OF ECONOMIC INCLUSION

BIDDER/CONTRACTOR INFORMATION

______________________________________________________(______)___________

Name of Company/Organization Telephone Number

_________________________________________________________________________

Address (Include Room/Suite Number, City, State and Zip Code)

_____________________ __________________________________________

Federal Tax I.D. Number or Name of Company/Organization Contact Person

Social Security Number

________________________________________________________________________________________

CHECK APPROPRIATE BOX BELOW

Prime Contractor-Construction

Prime Contractor-Professional Services

Prime Contractor-Supplies/Services)

Educational Institution

Subcontractor-Construction

Subcontractor-Professional Services

Subcontractor-Supplies/Services

Non-Profit Organization

Other (Please List)

__________________________ ___________________________________________________________________________________________

SEX AND RACE OF MAJORITY BUSINESS OWNER

(MAJORITY OWNER HAS THE MOST PERCENTAGE OWNERSHIP OF COMPANY AND CONTROL)

CHECK APPROPRIATE BOX BELOW

Male

Female

White

African American

Native Amer./Alaskan

Asian/Pacific Islander

Hispanic

Other _____________

___________________________________________________________________________________________

SEX AND RACE OF BOARD OF DIRECTORS – Non-Profit Organization

***PUT THE NUMBER OF EACH IN THE APROPRIATE BOX***

Male

Female

White

African American

Native Amer./Alaskan

Asian/Pacific Islander

Hispanic

Other _____________

________________________________________________

SIGNATURE OF AUTHORIZED REPRESENTATIVE

INSTRUCTIONS FOR COMPLETION OF

EMPLOYMENT DATA TABLE ON PAGE 6

1. Enter total number of employees in column one (1) according to job categories as listed below.

2. Enter number of handicapped employees in company’s total work force and enter in column two (2).

3. Break down columns three (3) through seven (7) into race/ethnic group of the males and enter totals in column eight (8).

4. Break down columns nine (9) through thirteen (13) into race/ethnic group of the females and enter totals in column fourteen (14).

NOTE: EMPLOYEES LISTED MUST BE FULL TIME PERMANENT EMPLOYEES ONLY. DO NOT INCLUDE SEASONAL, TEMPORARY, AGENCY, OR PART TIME EMPLOYEES. EMPLOYEE FIGURES MUST REFLECT THE COMPANY’S TOTAL WORKFORCE, NOT ONE DEPARTMENT OR DIVISION.

DESCRIPTION OF CATEGORIES

Officials, managers and supervisors – Occupations requiring administrative personnel who set broad policies, exercise over-all responsibility for execution of these policies, and direct individual departments or special phases of a firm’s operations. Includes: officials, executive, middle management, plant managers, department managers and superintendents, salaried foremen who are members of management, purchasing agents and buyers, and kindred workers.

Professionals – Occupations requiring either college graduation or experience of such kind and amount as to provide a comparable background. Includes: accountants and auditors, airplane pilots and navigators, architects, artists, chemists, designers, dietitians, editors, engineers, lawyers, librarians, mathematicians, natural scientists, personnel and labor relations workers, physical scientists, physicians, social scientists, teachers and kindred workers.

Sales workers – Occupations engaging wholly or primarily in direct selling. Includes: advertising agents and salesmen, insurance agents and brokers, real estate agents and brokers, stock and bond salesmen, demonstrators, salesmen and sales clerks, and kindred workers.

Office and clerical – Includes all clerical-type work regardless of level of difficulty, where the activities are predominantly nonmanual though some manual work not directly involved with altering or transporting the products is included. Includes: bookkeepers, cashiers, collectors (bills and accounts), messengers, office machine operators, shipping and receiving clerks, stenographers, typists and secretaries, telegraph and telephone operators, and kindred workers.

Craftsmen (Skilled) – Manual workers of relatively high skill level having a thorough and comprehensive knowledge of the processes involved in their work. Exercise considerable independent judgment and usually receive an extensive period of training.

Includes: The building trades hourly paid foremen and leadmen who are not members of management, mechanics and repairmen, skilled machining occupations, compositors and typesetters, electricians, engravers, jobsetters (metal), motion picture projectionists, pattern and model makers, stationary engineers, tailors and kindred workers.

Operatives (Semi-Skilled) – Workers who operate machine or processing equipment or perform other factory-type duties of intermediate skill level which can be mastered in a few weeks and require only limited training.

Laborers (Unskilled) – Workers in manual occupations which generally require no special training. Perform elementary duties that may be learned in a few days and require the application of little or no independent/judgment. Includes: garage laborers, car washers and greasers, gardeners (except farm) and groundskeepers, longshoremen and stevedores, lumbermen, craftsmen and wood choppers, laborers performing lifting, digging, mixing, loading, and pulling operations, and kindred workers.

Service workers – Workers in both protective and nonprotective service occupations. Includes: attendants (hospital and other institution, professional and personal service), barbers, cleaners, cooks (except household), counter and fountain workers, elevator operators, firemen and fire protection, guards, watchmen and doorkeepers, stewards, janitors, policemen and detectives, porters, waiters and waitresses, and kindred workers.

Apprentices – Persons employed in a program including work training and related instruction to learn a trade or craft which is traditionally considered an apprenticeship, regardless of whether the program is registered with a Federal or State agency.

EMPLOYMENT DATA

Please note that these data may be obtained by visual survey or post-employment records. Neither visual surveys nor post-employment records are prohibited by any Federal, State or local law. All specified data are required to be filled in by law.

ALL EMPLOYEES

MALE FEMALE

(1)

TOTAL

MALES & FEMALES

(2)

HANDI-

CAPPED

(3)

WHITE

(4)

AFRICAN

AMER.

(5)

ASIAN OR

PACIFIC ISLANDER

(6)

NATIVE

AMER.

ALASKAN NATIVE

(7)

HISPANIC

(8)

TOTAL

MALES

(9)

WHITE

(10)

AFRICAN

AMER.

(11)

ASIAN OR

PACIFIC ISLANDER

(12)

NATIVE

AMER.. ALASKAN NATIVE

(13)

HISPANIC

(14)

TOTAL

FEMALES

Officials, Managers

and Supervisors

Professionals

Technicians

Sales Workers

Office and Clerical

Craftspersons (Skilled)

Operatives (Semi-skilled)

Laborers (Unskilled)

Service Workers

Apprentices

TOTAL

Total employment

from previous report (if any)

Veterans