Microsoft Word - WPCLF 2017 Letter and Contract

Timothy

Ingram,

Health

Commissioner

250

William

Howard

Taft

Road

Cincinnati,

OH

45219

Phone:

513.946.7800

Fax:

513.946.7890

hcph.org

Healthy

choices.

Healthy

lives.

Healthy

communities.

February

7,

2018

Dear

HSTS

Contractor,

Hamilton

County

Public

Health

(HCPH),

Ohio

Department

of

Health

(ODH),

and

Ohio

Environmental

Protection

Agency

(OEPA)

are

pleased

to

announce

the

availability

of

financial

assistance

to

help

qualifying

homeowners

in

the

repair/replacement

of

their

failing

household

sewage

treatment

system

(HSTS).

This

limited

funding

amount

has

been

awarded

to

Hamilton

County

through

the

Water

Pollution

Control

Loan

Fund

(WPCLF)

by

the

OEPA

in

the

amount

of

$300,000.

Applicants

have

been

pre-approved

for

the

funding

in

one

of

the

following

categories:

i

100%

of

the

installation

cost

paid

by

HCPH

with

0%

paid

by

property

owner;

i

85%

of

the

installation

cost

paid

by

HCPH

with

15%

paid

by

property

owner;

i

50%

of

the

installation

cost

paid

by

HCPH

with

50%

paid

by

property

owner

We

are

currently

seeking

bids

for

the

installation

of

a

sewage

treatment

system

and

proper

abandonment

of

existing

STS

components

at

the

addresses

listed

below

which

have

been

pre-qualified

for

the

WPCLF

funding

based

on

household

income

and

size.

Links

are

provided

to

view

and

print

the

approved

design

for

each

of

the

pre-approved

properties.

The

pre-approved

funding

level

and

contact

information

for

each

property

are

as

follows:

i

100%

funded

–

8598

Althaus

Road,

Ron

Oliver

–

513-385-4517

i

100%

funded

–

4751

E.

Miami

River

Road

–

Greg

Anness

–

513-675-4791

i

100%

funded

–

3840

Spring

Oak

Drive

–

John

Santa

–

513-574-1588

i

85%

funded

–

10007

Skyridge

Drive

–

Angela

Bishop

–

859-394-4686

i

85%

funded

–

5962

Springdale

Road

–

Todd

Justice

–

513-394-9368

i

85%

funded

–

3832

Tower

Road

–

Ellen

Mangione

–

513-205-9260

i

85%

funded

–

10441

Dugan

Gap

Road

–

Mallory

Wilson

–

513-969-9353

i

85%

funded

–

5351

Belclare

Road

–

Ray

Kallmeyer

–

513-574-5897

i

50%

funded

–

11599

Kettering

Drive

–

Joseph

Hofstetter

–

513-765-9200

i

50%

funded

–

817

Nordyke

Road

–

Kyle

Fischer

–

513-293-5818

If

you

wish

to

participate

in

this

program,

you

will

need

to

submit

a

quote

for

the

Total

Cost

for

all

work

needed

to

install

the

approved

HSTS.

This

will

include

all

items

specified

on

the

approved

HSTS

design,

any

needed

connection

of

plumbing

into

the

building

sewer,

disconnection

and

re-routing

of

any

clear

water

from

the

plumbing

system

or

HSTS,

any

needed

electrical

service

upgrade

if

required

to

accommodate

the

replacement

HSTS

components,

any

other

eligible

and

justified

items,

finished

grading,

seed

and

straw,

and

proper

abandonment

of

the

existing

HSTS

components.

To

be

considered,

quotes

must

be

received

by

04/15/2018.

Quotes

will

be

reviewed

by

a

team

of

individuals

and

be

awarded

to

the

qualified

applicant

based

on

the

lowest

and

best

bid

and

will

be

depended

upon

bidder’s

availability

to

complete

the

requested

work

in

a

timely

fashion.

Awarded

contracts

are

strictly

between

HCPH

and

the

selected

contractor.

Any

attempt

to

enter

into

separate

contract,

addendum,

modification,

invoice

or

other

contractual

agreement,

except

for

the

matching

percentage

to

be

paid

directly

by

the

owner

to

the

contractor,

without

prior

approval

by

HCPH

may

disqualify

the

bidder.

If

selected

to

complete

the

HSTS

installation,

you

will

be

contacted

directly

by

HCPH.

At

that

time,

you

will

be

required

to

sign

a

site

specific

version

of

the

attached

contract

and

submit

all

required

contract

paperwork

to

HCPH.

Once

verified,

a

Notice

to

Proceed

will

be

issued

by

HCPH

allowing

the

selected

contractor

to

begin

the

installation.

All

installations

must

be

completed

(including

final

inspection)

by

9/30/2018

and

following

receipt

of

the

Notice

to

Proceed.

It

should

be

noted

that

any

unexpected

changes

and/or

alterations

needed

during

the

performance

of

work,

requires

a

Contract

Change

Order

(see

Contract

-

Attachment

B).

Payment

for

any

changed

or

extra

services

will

not

occur

without

pre-approval

using

this

method.

Also

note

that

the

contract

has

special

insurance

and

bid

bonding/financial

guarantee

requirements

that

must

be

followed.

For

the

WPCLF

portion

of

the

payment

to

occur,

HCPH

must

approve

the

final

HSTS

installation.

After

which,

the

contractor

must

submit

to

HCPH

an

invoice,

by

October

1,

2018,

to

document

the

incurred

costs

for

the

repair/replacement

along

with

an

approval

certificate

issued

by

HCPH.

Upon

verification

of

this

information,

HCPH

will

send

a

request

to

Ohio

EPA

for

reimbursement

of

the

eligible

system

repair/replacement

costs.

After

confirmation

by

Ohio

EPA,

the

Ohio

Water

Development

Authority

will

distribute

the

funding

to

HCPH,

who

will

then

pay

the

contractor

the

approved

amount.

Any

portion

of

the

approved

bid

amount

not

covered

by

the

WPCLF

must

be

paid

by

directly

by

the

property

owner

to

the

contractor.

I

hope

you

will

take

this

opportunity

to

provide

a

quote

for

any

of

the

above

jobs

you

are

interested

in

completing.

When

submitting

each

quote,

please

include

with

them

a

completed,

signed

and

dated

copy

of:

i

Hamilton

County

Bid

Proposal

Form

i

Contractor

Equal

Employment

Opportunity

(EEO)

Certification

Form

i

Certification

Regarding

Debarment,

Suspension,

and

Other

Responsibility

Matters

Form

i

American

Iron

and

Steel

(AIS)

Form

If

you

have

any

questions

concerning

this

program,

please

feel

free

to

contact

me

directly

at

946-7866.

Sincerely,

Christopher

M.

Griffith,

RS

Director

of

Water

Quality

Hamilton

County

Bid

Proposal

Form

Contractor

Name:

_____________________________________________________

Contractor

Address:

__________________________________________

Contractor

Phone(s):

____________________________________________

Project

Address:

_____________________________________________________

Bid

Due

Date:

_______________________________

Total

Amount

of

Bid:

____________________________

Total

Amount

in

Written

Words:___________________________________________

______________________________________________________________________

Signature,

Printed

Name,

Contractor

Date

I

will

begin

the

work

within

upon

receipt

of

the

written

Design

Contract

and

Notice

to

Proceed

Order,

and

will

complete

the

work

within

45

days,

unless

otherwise

agreed

to

by

Hamilton

County

Public

Health.

The

above

total

price

includes

all

materials,

labor

and

other

costs

such

as

overhead,

permits,

sales

tax

and

profit.

This

bid

is

valid

for

a

period

of

30

days

after

the

date

this

proposal

is

received

by

Hamilton

County

Public

Health.

Mail

Bid

Packet

to:

Hamilton

County

Public

Health

Attn:

Chris

Griffith

250

William

Howard

Taft

Cincinnati,

OH

45219

Contractor

Equal

Employment

Opportunity

Certification

During

the

performance

of

this

contract,

the

undersigned

agrees

as

follows:

1.

The

undersigned

will

not

discriminate

against

any

employee

or

applicant

for

employment

because

of

race,

color,

religion,

sex,

or

national

origin.

The

undersigned

will

take

affirmative

action

to

ensure

that

applicants

are

employed,

and

that

employees

are

treated

during

employment

without

regard

to

their

race,

color,

religion

or

national

origin.

Such

action

shall

include,

but

not

be

limited

to

the

following:

Employment,

upgrading,

demotion,

or

transfer;

recruitment

or

recruitment

advertising;

layoff

or

termination;

rates

of

pay

or

other

forms

of

compensation;

and

selection

for

training,

including

apprenticeship.

The

undersigned

agrees

to

post

in

conspicuous

places,

available

to

employees

and

applicants

for

employment,

notices

to

be

provided

setting

forth

the

provisions

of

this

equal

opportunity

(federally

assisted

construction)

clause.

2.

The

undersigned

will,

in

all

solicitations

or

advertisements

for

employees

placed

by

or

on

behalf

of

the

undersigned,

state

the

all

qualified

applicants

will

receive

consideration

for

employment

without

regard

to

race,

color,

religion,

sex

or

national

origin.

3.

The

undersigned

will

send

to

each

labor

union

or

representative

of

workers,

with

which

he

has

a

collective

bargaining

agreement

or

other

contract

or

understanding,

a

notice

to

be

provided

advising

the

said

labor

union

or

workers’

representative

of

the

undersigned’s

commitment

under

this

section,

and

shall

post

copies

of

the

notice

in

conspicuous

places

available

to

employees

and

applicants

for

employment.

4.

The

undersigned

will

comply

with

all

provisions

of

Executive

Order

No.

11246

of

September

24,

1965,

and

of

the

rules,

regulations,

and

relevant

orders

of

the

Secretary

of

Labor.

5.

The

undersigned

will

furnish

all

information

and

reports

required

by

Executive

Order

No.

11246

of

September

24,

1965,

and

by

the

rules,

regulations,

and

relevant

orders

of

the

Secretary

of

Labor,

or

pursuant

thereto,

and

will

permit

access

to

his

books,

records

and

accounts

by

the

administering

agency

of

the

Secretary

of

Labor

for

purposes

of

investigation

to

ascertain

compliance

with

such

rules,

regulations,

and

orders.

6.

In

the

event

of

the

undersigned’s

non‐compliance

with

the

equal

opportunity

(federally

assisted

construction)

clause

of

this

contract

of

with

any

of

the

said

rules,

regulations,

or

orders,

this

contract

may

be

canceled,

terminated

or

suspended

in

whole

or

in

part,

and

the

undersigned

may

be

declared

ineligible

for

further

Government

contracts

of

federally

assisted

construction

contracts

in

accordance

with

procedures

authorized

in

Executive

Order

No.

11246

of

September

24,

1965,

and

such

other

sanctions

may

be

imposed

and

remedies

invoked

as

provided

in

Executive

Order

No

11246

of

September

24,

1965,

or

by

rules,

regulations,

or

order

of

the

Secretary

of

Labor,

or

as

provided

by

law.

7.

The

undersigned

will

include

this

equal

opportunity

(federally

assisted

construction)

clause

in

every

subcontract

or

purchase

order

unless

exempted

by

the

rules,

regulations,

or

orders

of

the

Secretary

of

Labor

issued

pursuant

to

section

204

of

Executive

Order

No

11246

of

September

24,

1965,

so

that

such

provision

will

be

binding

upon

each

subcontract

or

vender.

The

undersigned

will

take

such

action

with

respect

to

any

subcontract

or

purchase

order

as

the

administering

agency

may

direct

as

a

means

of

enforcing

such

provisions,

including

sanctions

for

non-compliance:

Provided,

however,

that

in

the

event

a

contractor

becomes

involved

in,

or

is

threatened

with,

litigation

with

a

subcontractor

or

vendor,

as

a

result

of

such

direction

by

the

administering

agency

the

undersigned

may

request

the

United

States

to

enter

into

such

litigation

to

protect

the

interest

of

the

United

States.

(Signature)

(Date)

(Name

and

Title

of

Signer,

Please

type)

(Firm

Name)

Certification

Regarding

Debarment,

Suspension,

and

Other

Responsibility

Matters

The

prospective

participant

certifies

to

the

best

of

its

knowledge

and

belief

that

it

and

its

principals:

(a)

Are

not

presently

debarred,

suspended,

proposed

for

debarment,

declared

ineligible,

or

voluntarily

excluded

from

covered

transactions

by

any

Federal

department

or

agency;

(b)

Have

not

within

a

three

year

period

preceding

this

proposal

been

convicted

of

or

had

a

civil

judgement

rendered

against

them

for

commission

of

fraud

or

a

criminal

offense

in

connection

with

obtaining,

attempting

to

obtain,

or

performing

a

public

(Federal,

State,

or

local)

transaction

or

contract

under

a

public

transaction;

violation

of

Federal

of

State

antitrust

statues

or

commission

if

embezzlement,

theft,

forgery,

bribery,

falsification

or

destruction

of

records,

making

false

statements,

or

receiving

stolen

property;

(c)

Are

not

presently

indicted

for

or

otherwise

criminally

or

civilly

charged

by

a

government

entity

(Federal,

State

or

local)

with

commission

of

any

of

the

offenses

enumerated

in

paragraph

(b)

of

this

certification;

(d)

Have

not

within

a

three

year

period

preceding

this

application

/

proposal

had

one

or

more

public

transactions

(Federal,

State,

or

local)

terminated

for

cause

or

default;

and

(e)

Will

not

utilize

a

subcontractor

or

supplier

who

is

unable

to

certify

(a)

through

(d)

above.

I

understand

that

a

false

statement

on

this

certification

may

be

grounds

for

rejection

of

this

proposal

or

termination

of

the

award.

In

addition,

under

18

USC

Sec.

1001,

a

false

statement

may

result

in

a

fine

of

up

to

$10,000

or

imprisonment

for

up

to

5

years,

or

both.

Type

Name

&

Title

of

Authorized

Representative

Signature

of

Authorized

Representative

Date

□

I

am

unable

to

certify

to

the

above

statements.

My

explanation

is

attached.

Certification

Regarding

Debarment,

Suspension,

and

Other

Responsibility

Matters

INSTRUCTIONS

Under

Executive

Order

12549

an

individual

or

organization

debarred

or

excluded

from

participation

in

Federal

assistance

or

benefit

programs

may

not

receive

any

assistance

award

under

a

Federal

program

or

a

subagreement

thereunder

for

$25,000

or

more.

Accordingly,

each

prospective

recipient

of

an

EPA

grant,

loan,

or

cooperative

agreement

and

any

contract

or

subagreement

participant

thereunder

must

complete

the

attached

certification

provide

an

explanation

why

they

cannot.

For

further

details,

see

40

CFR

32.510,

Participants’

responsibilities,

in

the

attached

regulation.

Go

to

https://www.sam.gov/portal/SAM/##11

to

access

the

Excluded

Parties

List

System

(EPLS).

The

EPLS

includes

information

regarding

entities

debarred,

suspended,

proposed

for

debarment,

excluded

or

disqualified

under

the

nonprocurement

common

rule,

or

otherwise

declared

ineligible

from

receiving

Federal

contracts,

certain

subcontracts,

and

certain

Federal

assistance

and

benefits.

This

information

may

include

names,

addresses,

DUNS

numbers,

Social

Security

Numbers,

Employer

Identification

Numbers

or

other

Taxpayer

Identification

Numbers,

if

available

and

deemed

appropriate

and

permissible

to

publish

by

the

agency

taking

the

action.

Where

To

Submit

The

prospective

EPA

grant,

loan,

or

cooperative

agreement

recipient

must

return

the

signed

certification

or

explanation

with

its

application

to

the

appropriate

EPA

Headquarters,

Regional

office,

or

Ohio

EPA,

as

required

in

the

applications.

A

prospective

prime

contractor

must

submit

a

complete

certification

or

explanation

to

the

individual

or

organization

awarding

the

contract.

Each

prospective

subcontractor

must

submit

a

complete

certification

or

explanation

to

the

prime

contractor

for

the

project.

Applicants

may

reproduce

these

materials

as

needed

and

provide

them

to

their

prospective

prime

contractor,

who,

in

turn,

may

reproduce

and

provide

them

to

prospective

subcontractors.

Additional

copies

/

assistance

may

be

requested

from:

Ohio

EPA

Division

of

Environmental

and

Financial

Assistance

P.O.

Box

1049

Columbus,

Ohio

43216‐1049

(614)

644‐2798

http://epa.ohio.gov/defa/EnvironmentalandFinancialAssistance.aspx

American

Iron

and

Steel

Acknowledgement

The

Contractor

acknowledges

to

and

for

the

benefit

of

___________________________

(“Purchaser”)

and

the

State

of

Ohio

(the

“State”)

that

it

understands

the

goods

and

services

under

this

Agreement

are

being

funded

with

monies

made

available

by

the

Clean

Water

State

Revolving

Fund

and/or

Drinking

Water

State

Revolving

Fund

that

have

statutory

requirements

commonly

known

as

“American

Iron

and

Steel;”

that

requires

all

of

the

iron

and

steel

products

used

in

the

project

to

be

produced

in

the

United

States

(“American

Iron

and

Steel

Requirement”)

including

iron

and

steel

products

provided

by

the

Contactor

pursuant

to

this

Agreement.

The

Contractor

hereby

represents

and

warrants

to

and

for

the

benefit

of

the

Purchaser

and

the

State

that

(a)

the

Contractor

has

reviewed

and

understands

the

American

Iron

and

Steel

Requirement,

(b)

all

of

the

iron

and

steel

products

used

in

the

project

will

be

and/or

have

been

produced

in

the

United

States

in

a

manner

that

complies

with

the

American

Iron

and

Steel

Requirement,

unless

a

waiver

of

the

requirement

is

approved,

and

(c)

the

Contractor

will

provide

any

further

verified

information,

certification

or

assurance

of

compliance

with

this

paragraph,

or

information

necessary

to

support

a

waiver

of

the

American

Iron

and

Steel

Requirement,

as

may

be

requested

by

the

Purchaser

or

the

State.

Notwithstanding

any

other

provision

of

this

Agreement,

any

failure

to

comply

with

this

paragraph

by

the

Contractor

shall

permit

the

Purchaser

or

State

to

recover

as

damages

against

the

Contractor

any

loss,

expense,

or

cost

(including

without

limitation

attorney’s

fees)

incurred

by

the

Purchaser

or

State

resulting

from

any

such

failure

(including

without

limitation

any

impairment

or

loss

of

funding,

whether

in

whole

or

in

part,

from

the

State

or

any

damages

owed

to

the

State

by

the

Purchaser).

While

the

Contractor

has

no

direct

contractual

privity

with

the

State,

as

a

lender

to

the

Purchaser

for

the

funding

of

its

project,

the

Purchaser

and

the

Contractor

agree

that

the

State

is

a

third-party

beneficiary

and

neither

this

paragraph

(nor

any

other

provision

of

this

Agreement

necessary

to

give

this

paragraph

force

or

effect)

shall

be

amended

or

waived

without

the

prior

written

consent

of

the

State.

Signature_______________________________________________

Date_______________________

Name

and

Title

of

Authorized

Signatory,

Please

Print

or

Type___________________________________

Bidder’s

Firm_____________________________________________________________________

Check

here

if

the

WPCLF

or

WSRLA

applicant

will

be

requesting

an

individual

waiver

for

non-

American

made

iron

and

steel

products.

Please

note

that

the

waiver

box

does

not

need

to

be

marked

for

nationwide

waivers.

CONSTRUCTION

CONTRACT

HAMILTON

COUNTY

PUBLIC

HEALTH

With

xxxxxxxxxxxxxx

xxxx

xxxxxxxxxxxx

Road

Dated

xxxx,

xx

2018

PROJECT:

HOUSEHOLD

SEWAGE

TREATMENT

SYSTEM

REPAIR/REPLACEMENT

PROJECT

This

CONTRACT,

made

and

entered

into

at

HAMILTON

COUNTY,

Ohio,

on

xxxx

xx,

2018

by

the

HAMILTON

COUNTY

PUBLIC

HEALTH,

hereinafter

referred

to

as

“HCPH”);

and

xxxxxxxxxxxxxx

(hereinafter

referred

to

as

“CONTRACTOR”).

WITNESSETH,

the

HCPH

and

the

CONTRACTOR

hereby

agree

as

follows:

1.

CONTRACT

DOCUMENTS

The

Contract

consists

of

this

document,

the

Contractor’s

Bond,

the

Contractor’s

Bid,

the

Design

Drawings,

the

Design

Specifications,

all

Addenda

issued

prior

to

execution

of

this

Contract,

the

Notice

To

Proceed

(Attachment

A),

all

Change

Orders

(Attachment

B)

issued

subsequent

thereto

and

Federal,

State,

and/or

Local

Regulations;

and

when

specified:

Labor

and

Material

Bond,

Affirmative

Action

and

Equal

Opportunity

Requirements,

Contractor

Equal

Employment

Opportunity

Certification

Form

(Attachment

C),

Certification

Regarding

Debarment,

Suspension

and

Other

Responsibility

Matters

Form

(Attachment

D),

and

American

Iron

and

Steel

Acknowledgement

Form

(Attachment

E).

2.

CONTRACT

REGULATIONS

Terms

and

conditions

of

this

Contract

shall

be

governed

by

the

provisions

of

Chapters

153

and

4115

and

Section

149.53

of

the

Ohio

Revised

Code,

and

all

applicable

local,

State

and

Federal

Ordinances,

Statues

and

Regulations.

The

CONTRACTOR

agrees

not

to

discriminate

against

any

employee

or

applicant

for

employment

because

of

race,

creed,

sex,

handicap,

or

color,

including,

but

not

limited

to

the

following:

employment,

upgrading,

demotion

or

transfer,

recruitment

or

recruitment

advertising,

layoff

or

termination,

rates

of

pay

or

other

forms

of

compensation

and

selection

for

training,

including

apprenticeship.

All

records,

manuals,

forms,

drawings,

schedules,

lists,

surveys,

specifications,

designs,

and

other

data

pertaining

to

the

work

specified

in

this

contract

are

and

shall

remain

the

sole

property

of

the

HCPH.

The

use

of

any

Subcontractor

must

be

reported

to

the

HCPH

and

they

shall

be

bound

by

the

same

requirements

as

the

CONTRACTOR.

3.

BONDING

A

bond

or

other

form

of

financial

guarantee

shall

be

submitted

by

the

CONTRACTOR

in

accordance

with

Sections

153.54/307.89

of

the

Ohio

Revised

Code

and

Section

3.4

of

the

Water

Pollution

Control

Loan

Agreement

for

the

full

amount

of

the

Contractor’s

Bid.

4.

THE

WORK

The

CONTRACTOR

shall

perform

and

complete

all

work

of

the

Project

required

by

the

Contract

Documents

for

xxxx

xxxxxxxx

Road,

supplying

all

the

labor,

materials,

supervision,

tools

and

equipment

required

by

the

Installation

Permit,

Design,

Project

and

Contract

Documents;

shall

proceed

in

a

prompt

and

diligent

manner,

and

shall

do

the

several

parts

thereof

at

such

times

and

in

such

order

as

the

HCPH

may

direct,

and

shall

execute,

construct,

finish,

and

test

when

required,

the

Project

in

an

expeditious,

substantial

and

workmanlike

manner

to

the

satisfaction

of

HCPH,

and

to

the

final

acceptance

of

the

Project

by

HCPH

5.

TIME

OF

COMMENCEMENT

AND

COMPLETION

The

CONTRACTOR

shall

commence

work

upon

receipt

of

the

written

Notice

To

Proceed

(Attachment

A)

issued

by

HCPH.

The

CONTRACTOR

shall

complete

the

Project

work

by

xxxxxx

xxxx,

201x

and

following

the

Notice

To

Proceed.

6.

RIGHTS

OF

ACCESS

The

signatories

agree

to

ensure

that

the

Director

or

its

duly

authorized

agents

shall

have

the

right

at

all

reasonable

times

to

enter

upon

the

Project

Site(s)

and

Project

Facilities,

and

to

examine

and

inspect

the

same

and

to

exercise

the

Director’s

rights

pursuant

to

the

WPCLF

Assistance

Agreement.

7.

CONTRACT

CONFLICTS

In

the

event

of

a

conflict

between

the

contract

and

the

WPCLF

Assistance

Agreement,

the

provisions

of

the

WPCLF

Agreement

shall

prevail.

8.

CONTRACT

SUM

Hamilton

County

Public

Health,

utilizing

OHIO

EPA

funding,

shall

pay

the

CONTRACTOR

for

the

performance

of

the

Work,

up

to

the

sum

of

$xx,xxx.xx

(xx%

of

eligible

costs

paid

by

HCPH

with

xx%

covered

by

the

property

owner)

subject

to

additions

and

deductions

by

Change

Orders

(Attachment

B)

properly

approved

and

executed.

All

properly

approved

and

executed

Change

Orders

for

increases

will

be

paid

by

HCPH,

utilizing

OHIO

EPA

funding,

and/or

homeowner

contribution.

Neither

HCPH

nor

OHIO

EPA

will

responsible

for

additional

reinspection

fees.

9.

PAYMENTS

Based

upon

Applications

for

Payment

submitted

to

the

HCPH

by

the

CONTRACTOR,

and

after

installation

approval

by

HCPH,

the

contractor

shall

submit

an

invoice

that

documents

costs

all

incurred

to

HCPH.

The

invoice

shall

detail

the

services

rendered,

including

charge

rates,

number

of

hours,

materials

or

supplies

consumed,

and

other

information

needed

to

support

the

invoice

to

HCPH.

Upon

verification

of

this

information,

HCPH

will

send

a

request

to

Ohio

EPA

for

reimbursement

of

the

eligible

costs.

After

confirmation

by

Ohio

EPA,

the

Ohio

Water

Development

Authority

will

distribute

the

funding

to

HCPH,

who

will

then

pay

the

Contract

Sum

to

the

CONTRACTOR

as

provided

in

Chapter

153

of

the

Ohio

Revised

Code

and

after

payment

is

received

from

the

Ohio

EPA.

10.

NEGLECT,

DEFAULT,

DELAY,

ETC.

Hamilton

County

Public

Health

or

Hamilton

County

Board

of

Health

shall

not

be

liable

to

the

CONTRACTOR

for

any

neglect,

default,

delay,

or

interference

of

or

by

another

contractor,

nor

shall

any

such

neglect,

default,

delay,

or

interference

of

or

by

another

contractor,

or

alteration

which

may

be

required

in

said

Work

within

the

time

aforesaid,

or

from

the

damage

to

be

paid

in

default

thereof.

The

CONTRACTOR

shall

pay

HCPH

$200.00

for

each

and

every

calendar

day

of

completion

the

Project

is

delayed

beyond

the

date

fixed

for

completion

in

Section

3

herein.

11.

INSURANCE

The

Insurance

Specifications

for

Contractors

and

their

subcontractors

are

as

follows:

A.

All

insurance

required

herein

shall

be

issued

by

companies

licensed

to

do

business

in

Ohio,

and

which

are

rated

not

less

than

A:

VII

by

A.

M.

Best.

B.

Commercial

General

Liability

insurance

with

commercial

general

liability

form

GC

00

01

or

its

equivalent,

with

limits

of

at

least

$1,000,000

per

occurrence

and

$1,000,000

in

the

aggregate

covering

death,

bodily

injury,

and

property

damage.

Coverage

must

include

premise

and

operations,

contractual

liability,

third

party

property

damage,

severability

of

interest,

completed

operations

coverage,

maintained

for

at

least

three

years

beyond

the

date

of

the

contractor’s

completion

of

the

work,

waiver

of

subrogation,

and

waiver

of

“cross

claim

exclusion

between

insured’s”.

C.

Business

auto

liability

insurance

of

at

least

$1,000,000

combined

single

limit,

on

all

owned

and

non-owned

leased

and

hired

automobiles.

D.

Umbrella

and

excess

liability

policies

of

at

least

$1,000,000,

per

occurrence

and

in

the

aggregate,

above

the

underlying

General

Liability

and

business

auto

policies.

Coverage

must

include

drop

down

features,

concurrency

of

effective

dates;

aggregates

in

the

primary

apply

in

the

Umbrella,

waiver

of

subrogation.

E.

The

Commercial

General

Liability

and

business

auto

policies

must

endorse

the

Board

of

Health

of

Hamilton

County,

Ohio,

their

employees,

officials,

agents

and

volunteers

as

additional

insureds.

Further

these

policies

must

waive

subrogation

claims

against

the

aforesaid

individuals.

F.

Owner

shall

require

its

contractors

and

subcontractors

to

provide

Workers’

Compensation

Insurance

coverage

at

the

statutory

limits

required

by

the

Ohio

Revised

Code.

The

Contractor

shall

provide

Workers

Compensation

Insurance

for

all

employees

engaged

in

Work

who

may

come

within

the

protection

of

the

workers

compensation

law,

and,

where

applicable,

employer’s

General

Liability

Insurances

for

employees

not

so

protected

and

shall

require

all

Subcontractors

to

provide

corresponding

insurance.

The

Contractor

shall

indemnify

the

Owner,

Hamilton

County

Board

of

Health,

their

employees,

officials,

agents

and

volunteers

and

the

Consulting

Engineer

against

any

and

all

liabilities,

cost

and

expenses

due

to

accidents

or

other

occurrences

covered

by

the

workers

compensation

law.

G.

Each

policy

required

herein

may

not

be

canceled

or

materially

changed

except

upon

thirty

days

prior

written

notice

given

to:

Hamilton

County

Public

Health,

250

William

Howard

Taft,

Cincinnati,

Ohio

45219.

H.

Maintenance

of

the

insurance

required

hereunder

is

a

material

element

of

this

Agreement.

Material

changes

of

the

required

coverage

or

cancellation

of

the

coverage

in

violation

of

subsection

G,

above,

is

a

material

breach

of

this

Agreement.

I.

Builders

Risk:

In

addition

to

such

fire

and

other

physical

damage

insurances

as

the

Contractors

elects

to

carry

for

his

own

protection,

he

shall

also

secure

and

maintain

in

the

name

of

the

Owner,

the

government

agency

sponsoring

the

Project,

Subcontractors,

the

Consulting

Engineer

and

any

other

parties

having

an

interest

in

the

Project,

as

named

insured

as

their

interest

may

appear;

a

builders’

risk

policy

for

fire,

extended

coverage,

vandalism

and

malicious

mischief

in

the

amount

of

one

hundred

(100)

percent

of

the

value

of

the

complete

parts

of

the

Project

and

Materials

in

storage,

except

that

such

coverage

shall

not

be

required

in

connection

with

sewer,

water

main

or

paving

construction.

Pump

or

lift

station

construction

shall

not

be

considered

sewer

or

water

main

construction

for

purposes

of

this

paragraph.

J.

Contractor’s

Public

Liability

and

Property

Damage

Liability

Insurance:

Contractor’s

Public

Liability

Insurance

providing

a

limit

of

not

less

than

$500,000

for

all

damages

arising

out

of

bodily

injuries,

including

accidental

death

to

one

person,

and

a

total

limit

of

1,000,000

for

all

damages

arising

out

of

bodily

injuries,

including

accidental

death,

to

two

or

more

persons

in

any

one

occurrence.

Contractor’s

Property

Damage

Liability

Insurance

providing

for

a

limit

on

not

less

than

$500,000

for

all

damages

to

or

destruction

of

property.

Coverage

under

this

policy

shall

include,

to

the

limits

indicated

above,

the

collapse

or

damage

to

any

structure,

building

or

its

contents,

public

or

private

utility,

or

pavement

during

construction

and

for

two

(2)

years

thereafter.

Whenever

Work

under

the

Contract

is

to

be

done

in

the

vicinity

of

existing

underground

utilities

or

structures,

coverage

under

the

policy

shall

also

include,

to

the

limits

indicated,

all

damages

to

said

underground

utilities

or

structures

during

construction

and

for

a

period

of

two

(2)

years

thereafter.

Whenever

Work

under

the

Contract

is

to

be

done

by

blasting,

coverage

under

the

policy

shall

also

include,

to

the

limits

indicated

above,

all

damages

of

any

kind

whatsoever

caused

by

blasting.

K.

Contractor’s

Protective

Public

Liability

and

Property

Damage

Liability

Insurance:

Contractor’s

Protective

Public

Liability

and

Property

Damage

Liability

Insurance

for

operations

performed

by

Subcontractors

providing

for

coverage

and

limits

corresponding

to

those

described

in

subparagraph

J.

L.

Owner’s

(HCPH)

Protective

Public

Liability

and

Property

Damage

Liability

Insurance:

Regular

Owner’s

Protective

Public

Liability

and

Property

Damage

Liability

Insurance

for

operations

performed

by

the

Contractor

or

any

Sub-contractor

providing

for

coverage

and

limits

corresponding

to

those

specified

elsewhere

herein.

M.

Railroad

Protective

Liability

Insurance:

In

any

of

the

Work

under

this

Contract

is

on

railroad

R/W,

the

Contractor

shall

at

its

sole

cost

and

expense,

procure

and

provide,

for

and

in

behalf

of

each

railroad

company.

Protective

Liability

Insurance

(AARAASHO

form)

with

minimum

limits

per

occurrence

of

not

less

than

$2,000,000

for

bodily

injury,

death

and/or

property

damage,

subject

to

an

aggregate

limit

of

$6,000,000

per

annum.

The

policy

shall

name

each

railroad

company

as

the

insured

and

be

issued

to

the

Contractor.

Each

railroad

company

shall

be

provided

with

a

copy

of

each

policy

of

insurance

prior

to

commencement

of

any

work.

Certificates

of

Insurance

The

Contractor

shall

file

a

Certificate

of

Insurance

for

all

coverage

required

in

these

Insurance

Specifications

on

the

ACORD

25

Form

(preferred),

and

a

copy

of

his

current

Worker’s

Compensation

Certificate,

with

the

Hamilton

County

Public

Health

before

starting

work

on

the

project,

and

shall

keep

such

Certificates

current

and

on

file

with

the

County

for

the

life

of

this

Contract.

Indemnification

Clause

The

Contractor

agrees

to

indemnify

and

save

The

Board

of

County

Commissioners,

Hamilton

County

Ohio,

Hamilton

County

Board

of

Health,

HCPH,

their

officials,

officers,

agents,

and

employees

harmless

from

any

and

all

losses,

claims,

actions,

costs,

expenses,

judgments,

subrogation’s,

or

other

damages

resulting

from

injury

to

any

person

(including

injury

resulting

in

death),

or

damage

(including

loss

or

destruction)

to

property

of

whatsoever

nature

of

any

person,

firm,

or

corporation

arising

out

of

the

errors,

omissions

or

negligent

acts

of

the

Contractor

in

the

performance

of

the

terms

of

this

Contract

by

the

Contractor,

including

but

not

limited

to

the

Contractor’s

employees,

agents,

subcontractors,

sub-subcontractors,

and

others

designated

by

the

Contractor

to

perform

work

or

services

in,

about,

or

attendant

to,

the

work

and

services

under

the

terms

of

this

contract.

Notice

To

Proceed

The

Contractor

shall

not

commence

work

under

this

contract

until

he

has

obtained

all

the

insurance

required

herein,

has

submitted

appropriate

Certificates

of

Insurance

to

and

received

approval

of

the

County

as

evidenced

by

a

Notice

to

Proceed

(Attachment

A).

Subcontractors

The

Insurance

Specifications

apply

equally

to

all

subcontractors

and

sub-subcontractors

at

any

tier

during

the

period

of

their

work

on

the

project.

The

Prime

Contractor

shall

be

solely

responsible

for

his

subcontractor’s

liability

if

he

permits

the

Sub

to

work

on

the

project

without

the

Sub

having

been

issued

a

Notice

to

Proceed

by

the

County.

12.

FAILURE

TO

COMPLY

If

the

CONTRACTOR

shall

fail

to

comply

with

any

of

the

terms,

conditions,

provisions

or

stipulations

of

this

Contract,

HCPH

may

avail

itself

of

any

and

all

remedies

provided

in

their

behalf

in

the

Contract,

and

shall

have

the

right

and

power

to

proceed

in

accordance

with

the

provisions

thereof.

13.

RESOLUTION

OF

DISPUTES

In

the

event

of

a

dispute

covering

additional

costs,

claims

and

any

other

matter

arising

out

of

or

relating

to

this

Contract,

or

the

breach

thereof,

such

disputes

shall

be

decided

by

submission

to

a

court

of

competent

jurisdiction

within

one

(1)

year

of

the

date

upon

which

HCPH

accepts

and

approves

the

project

for

use.

The

CONTRACTOR

hereby

waives

any

right

to

rely

upon

the

statute

of

limitations

for

actions

on

contracts.

Failure

to

bring

an

action

within

one

year

of

the

above

date

shall

constitute

a

bar

to

such

action.

If,

however,

within

ten

(10)

days

of

the

specific

event

giving

rise

to

the

disputed

matter,

the

CONTRACTOR

gives

HCPH,

by

written

notice,

a

request

to

submit

the

matter

to

arbitration,

HCPH

and

the

CONTRACTOR

may

agree,

within

sixty

(60)

Days

of

receipt

of

the

above

notice,

to

submit

the

matter

to

arbitration

as

set

forth

below.

If

the

parties

agree,

by

written

change

order

signed

by

HCPH,

the

Ohio

EPA,

and

the

CONTRACTOR,

to

submit

such

dispute

to

arbitration,

all

proceedings

shall

be

according

to

Ohio

Revised

Code

Chapter

2711,

and,

unless

waived,

the

Ohio

Rules

of

Civil

Procedure

and

the

Ohio

Rules

of

Evidence.

HCPH

and

the

CONTRACTOR

shall

each

choose

one

arbitrator.

The

two

arbitrators

shall

agree

upon

and

choose

a

third

arbitrator,

who

shall

preside

over

the

proceedings.

Compensation

of

the

arbitrators

shall

be

as

agreed

upon

by

HCPH,

the

CONTRACTOR

and

the

arbitrators.

Payment

for

the

arbitrators

shall

be

shared

equally

by

HCPH

and

the

CONTRACTOR.

The

CONTRACTOR

shall

deposit,

as

a

precondition

to

commencement

of

the

hearing,

its

equal

share

of

the

compensation

of

the

arbitrators

with

HCPH

to

be

placed

in

an

account

for

that

purpose,

or

with

an

escrow

agent

suitable

to

both

parties.

The

hearing

or

the

arbitration

shall

commence

within

sixty

(60)

days

of

the

agreement

to

arbitrate.

If

the

hearing

is

not

commenced

within

sixty

(60)

days

of

the

agreement

to

arbitrate,

said

agreement

shall

be

void

and

the

dispute

shall

be

resolved

by

submission

to

a

court

of

competent

jurisdiction

as

herein

before

specified.

The

award

rendered

by

the

arbitrators

shall

be

final,

and

judgment

may

be

entered

upon

it

in

any

court

having

jurisdiction

thereof.

All

questions

with

regard

to

the

rights

and

authority

of

the

arbitration

panel

shall

be

resolved

pursuant

to

Chapter

2711,

of

the

Ohio

Revised

Code.

14.

IN

FORCE

AND

EFFECT

Subject

to

the

applicable

provisions

of

law,

this

contract

shall

be

in

full

force

and

effect

from

and

after

the

date

when

a

fully

executed

and

approved

counterpart

hereof

is

forwarded

to

the

CONTRACTOR,

but

the

CONTRACTOR

shall

not

start

work

on

the

Project

until

written

notification

to

proceed

is

received

from

HCPH.

15.

Executive

Order

11246

Sec.202

Except

in

contracts

exempted

in

accordance

with

Section

204

of

this

Order,

all

Government

contracting

agencies

shall

include

in

every

Government

contract

hereafter

entered

into

the

following

provisions:

During

the

performance

of

this

contract,

the

contractor

agrees

as

follows:

A.

The

contractor

will

not

discriminate

against

any

employee

or

applicant

for

employment

because

of

race,

color,

religion,

sex,

or

national

origin.

The

contractor

will

take

affirmative

action

to

ensure

that

applicants

are

employed

and

that

employees

are

treated

during

employment,

without

regard

to

their

race,

color,

religion,

sex,

or

national

origin.

Such

action

shall

include,

but

not

be

limited

to

the

following:

employment,

upgrading,

demolition,

or

transfer,

recruitment,

or

recruitment

advertising,

layoff

or

termination;

rates

of

pay

or

other

forms

of

compensation;

and

selection

for

training,

including

apprenticeship.

The

contractor

agrees

to

post

in

conspicuous

places,

available

to

employees

and

applicants

for

employment,

notices

to

be

provided

by

the

contracting

officer

setting

forth

the

provisions

of

the

nondiscrimination

clause.

B.

The

contractor

will,

in

all

solicitations

or