2019 Village of Silverton
Request for Proposals
Town Hall Solar PV Systems
Advertisement Dates: October 11, 2019
October 18, 2019
Voluntary Pre-Proposal Meeting: 11 a.m., October 18, 2019
Public Proposal Opening: October 25, 2019 Expected Award Date: November 7, 2019
Required Completion Date: March 27, 2020
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LEGAL NOTICE Sealed Proposals endorsed “Town Hall Solar PV Systems" will be received at the office of the Village Manager, Village of Silverton, Ohio, until eleven (11) o'clock am Local Time, on Friday, October 25, 2019, and at that time publicly opened and read aloud in the Council Chamber of the Village of Silverton for furnishing all labor, materials, and equipment necessary to complete work, in accordance with the bid documents and specifications. Work in the Village of Silverton includes installation of solar PV system at 6943 Montgomery Road. The bid documents and specifications are on file and may be reviewed in The Office of the Village Manager, or by visiting www.Silvertonohio.us. Each bidder is required to furnish with the proposal a Bid Guaranty and Contract Performance Bond in accordance with Section 153.54 through 153.571 of the Ohio Revised Code. Bid security furnished in Bond form shall be issued by a Surety Company or Corporation licensed in the State of Ohio to provide said surety. All proposals shall be made and properly executed on proposal forms as issued by The Village of Silverton and bound together with other documents and specifications. Work shall begin after award and be completed and acceptable by March 27, 2020. All contractors and subcontractors involved with the project will, to the extent practicable use American products, materials, services, and labor in the implementation of their project. Additionally, contractor compliance with the equal employment requirements of Ohio Administrative Code Chapter 123, the Governor's Executive Order of 1972, and Governor's Executive Order 84-9 shall be required. This contract shall include Ohio Prevailing Wage requirements. The Silverton Village Council will authorize acceptance of the bid made by the responsible bidder who, in Council’s judgment, offers the best and most responsive proposal, considering quality, service, performance record, and price; or Council may direct the rejection of all bids. Council may waive any irregularities and reject any or all bids.
Tom Carroll Silverton Village Manager
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I. Executive Summary
The Village of Silverton (SILVERTON) is soliciting proposals from solar installation companies for the installation of a rooftop solar panel system that will generate 100% of the electricity required for SILVERTON’S Town Hall facility at 6943 Montgomery Road. Current estimates indicate a 36.73 kW grid-tie solar array with an inverter with optimizers will generate 40,500 to 41,000 kWh of power annually. The Village has recently replaced the shingles on the Town Hall roof. The solar panels shall be secured to the roof with the minimum number of penetrations into the roof as possible. Town Hall is a highly visible structure on the north side of Montgomery Road in Silverton, and this solar array will be viewable for all pedestrians, bus riders, motorists and bicyclists traveling through Silverton. The Village seeks to not only generate 100% of its Town Hall’s power demand from solar, but to make a prominent statement about the need for all non-profit, government, and for-profit organizations to take pro-active steps to increase environmental sustainability. Silverton views this project as a potential showcase public-private partnership that will enable the provider of the solar array to compete well for future solar projects in the region and in the public sector. This RFP solicits proposals from qualified contractors (“Contractor”) to install roof-mounted solar photovoltaic (PV) energy systems on Town Hall. SILVERTON has a $100,000 budget for this project. This budget shall cover all costs of procuring, installing, operationalizing, and guaranteeing the solar array. As a public entity, Silverton is tax exempt and shall provide the selected installer proof of sales tax exemption. Sales tax shall thus be excluded from the pricing of the solar array. The bid will be awarded to the company which Village Council determines to provide the best proposition for the municipality considering quality, service, adaptability to the requirements of SILVERTON, and price. The Village has an all-inclusive budget of $100,000 and will award the contract to the firm that generates the most electricity for the total expenditure of $100,000. SILVERTON will own the installed solar system outright and hold any manufacturer and installer guarantees. The minimum guarantee shall be a five year full-service warranty, and a 25-year warranty on modules, module power production, optimizers, and inverters.
II. About the Project
SILVERTON renovated the former Town Hall in 2017-2018, transforming a former funeral home into an approximately 6,000 square foot government office building. The Village installed geothermal heating and cooling systems, LED lights, new windows as needed, and insulation wherever walls were exposed. As part of the renovation, the roof lines were altered to accommodate a new front porch facing Park Avenue, a modest building expansion along Montgomery Road, and a slightly larger building expansion in the northwest corner of the structure. Those portions of the original roof that were not altered were not reroofed because the expected useful life of the existing shingles was greater than 10 years. The Village is separately contracting for a roofer to replace older roof shingles damaged in recent storm events. The roof is thus between zero and one years old.
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SILVERTON is exploring a variety of ways to reduce the Village’s carbon footprint, and improve the sustainability of the Silverton community as a whole. These efforts include:
The Village procures its own electricity for municipal operations from 100% renewable sources. This green energy powers Town Hall, other SILVERTON facilities, traffic lights, street lights, parks, and other municipal energy accounts.
The Village is exploring a partnership with the City of Cincinnati in 2020 to procure energy for the community’s opt-out electrical program from 100% renewable sources.
The Village is in the process of replacing 316 street lights with LED fixtures which will reduce the cost of lighting and will reduce the amount of energy used for street lighting by at least 75%.
The Village added curbside recycling in 2018 for all households and small businesses served under the Village’s Rumpke contract. Recycling rates have doubled since this service enhancement and the Village seeks to recycle 20% of its waste stream by 2020.
The Village replaced its code enforcement sports utility vehicle with a hybrid SUV, and has reduced the amount of fuel used for this function by over 80%.
SILVERTON seeks to model sustainable governance further by installing a solar array on its Town Hall. The Village will invest $100,000 with the objective of generating 100% or slightly more of the power required to serve Town Hall’s energy demands. The firm that generates the most electricity for the $100,000 fixed price will be awarded the work. SILVERTON hopes and expects this modest effort will encourage other municipalities to examine steps that can be taken to also source electricity from renewable and green options, install solar, and take steps to reduce the carbon footprint of municipal operations. III. Timeline
The following dates shall govern the project schedule. The Village may, as needed, issue project Addenda to all parties who request them by emailing Village Manager Tom Carroll at [email protected]. Addenda will also be published on the Village of Silverton’s website, which can be found at www.Silvertonohio.us.
October 4, 2018 Request for Bids Issue Date
October 11, 2019 First Advertisement of Project in Court Index
October 18, 2019 Second Advertisement of Project in Court Index
October 18, 2019
Voluntary Pre-Proposal Meeting at Town Hall
(11 a.m. in the Council Chambers)
Silverton Town Hall will be open for inspections from interested parties between 9 a.m. and 4 p.m. on Friday, October 11, 2019, or by appointment.
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October 25, 2019 Public Proposal Opening (11 a.m., 6943 Montgomery Road)
November 7, 2019 Expected Bid Award Date
March 27, 2020 Required Completion Date:
IV. Bidding
SILVERTON reserves the right to reject any or all of the proposals received in response to the RFP, to waive irregularities, or to cancel or modify the RFP in any way, at its sole discretion, if the Project Organizer determines that it is in the best interest of the Project Organizer.
SILVERTON further reserves the right to make awards under this RFP without discussion of the proposals received. Proposals should be submitted on the most favorable terms from a technical, qualifications, and price standpoint. The Project Organizer reserves the right not to accept the lowest priced proposal based on the selection criteria outlined in Section V.
SILVERTON will not be responsible for any expenses incurred by any proposer in conjunction with the preparation or presentation of any proposal with respect to this RFP.
SILVERTON’s selection of a contractor through this RFP is not an offer and SILVERTON reserves the right to continue negotiations with the selected contractor(s) until the parties reach a mutual agreement.
Bidder Representations: By responding, Contractor shall be deemed to have represented and warranted:
a. that the bid is not made in connection with any competing Contractor submitting a separate response to this RFP and is in all respects fair and without collusion or fraud;
b. that no employee of the Project Organizer participated directly or indirectly in the Contractor’s bid preparation;
c. that the Bidder has not been convicted of bribery or attempted bribery for contract awards by and is not in default under any contract with another entity;
d. that the Bidder agrees with all of the terms and conditions in this RFP; e. that the information contained in the bid is true, accurate, and complete and
includes all information necessary to ensure that the statements therein are not misleading; and
f. that the bid price is true and accurate, and based on an appropriate due diligence by the Contractor.
2. Bid Negotiations – SILVERTON may negotiate final technical and pricing specifications with the Contractor(s). SILVERTON reserves the right to reject any bid or to waive technical defects, qualifications, irregularities and omissions, if, in its sole
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judgment, the best interests of SILVERTON will be served. All costs of developing bids and any additional expenses related to those negotiations are entirely the responsibility of the Contractor and will not be charged to SILVERTON.
3. Substitutions – Equipment differing in any respect from that specified will be considered only when ample proof is submitted with the proposal in the form of complete drawings, cuts, prints and descriptive literature indicating all essential requirements of the specifications are adhered to in design and construction. These specifications are intended to include the complete fabrication, finishing, delivery, and making ready to use, all equipment and services herein specified, all in accordance with these specifications. Any parts or accessories not specifically mentioned which are normally parts of the equipment, are necessary to complete the installation of same, or which are required for system operation in accordance with the full extent of these specifications, shall be included in the price.
V. Scope of Services
The following services shall be provided by the successful bidding contractor.
A. List of Services: The solar contractor shall provide the following services:
1. Site Assessment and individual proposal for Town Hall located at 6943 Montgomery Road. 2. Turnkey installation of a complete, fully functional solar photovoltaic (PV) system. 3. Work includes all design services, permits, materials, labor, equipment, services,
commissioning, and incidentals necessary to install a complete turnkey solar PV system, as specified hereinafter.
4. Design services shall include a Roofing Integrity Review for roof installed systems and an Electrical Review.
5. The solar PV system shall be utility grid connected following the local electric utility’s required design and installation standards for grid-tie and net metering. Contractor will prepare applications and apply for interconnection with the local utility.
6. Solar PV system components shall minimize roof penetration for roof-mounted systems. 7. Contractor shall provide the Project Organizer with regular updates on the status of projects
as circumstances warrant, but no less than weekly until acceptance of the Project. 8. Contractor shall be responsible for providing the customer with adequate operation
instruction, maintenance and warranty information covering solar PV modules, equipment and system components, mounting system, and inverters.
9. Solar PV modules and inverters eligible for this proposal must be UL 1703 listed, tested, and certified to International Electrical Commission (IEC) 61215 and/or 1262.
10. Other applicable codes and standards: a. System shall comply with all applicable local building and electrical codes and the
most recent version of the National Electrical Code (NEC) Section 690. b. System shall be composed of UL listed or recognized components. c. System interconnection shall comply with IEEE 1547 and 929 and the current
requirements of the local electric distribution company.
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d. All required professional services (e.g., architects, engineers, etc.) used by the solar contractor must be properly licensed by the state in which the solar contractor is operating.
11. All Contractors shall be North American Board of Certified Energy Practitioners (NABCEP) certified, or equivalent, and include staff review by professional engineer, licensed electrician, and licensed architect, where applicable.
12. All Contractors should offer a “Buy-American” product only. No non-domestic products shall be installed.
B. Warranties
Each solar contractor shall provide the following warranties:
1. General Warranty - A warranty on all installation labor for a minimum of five years from system commissioning, if not so covered by the manufacturers’ warranties. Special warranties specific in this article shall not deprive the customer of other rights they may have under other provisions of the contract or warranty documents. This five year warranty shall include repair of any roof leaks directly attributed to the solar PV system installation.
2. Special Warranty - Written warranty, executed by manufacturer agreeing to repair or replace solar PV equipment and system components that fail in materials or workmanship within a specified warranty period.
a. Solar PV modules shall have a minimum 25-year power warranty with not more than 20% allowable degradation of power during a 25-year period.
b. Solar PV modules shall have a minimum 10-year product warranty. c. Mounting system shall be warranted free of defects for a period of not less than five
(5) years. d. Inverters shall be warranted free of defects for a period of not less than ten (10)
years.
3. Warranty Insurance – A written warranty from the manufacturer to insure its solar panels in the event the manufacturer goes out of business is recommended but not required.
C. Products
1. General Component Requirements
a. All material must be new. b. Electrical components shall be designated for 600 Volts or higher system voltage. c. All materials that are used outdoors shall be sunlight and ultraviolet (UV) resistant. d. Materials shall be designed to withstand the temperatures to which they will be
exposed. e. All conductors will be copper. Only stainless steel fasteners shall be used. f. Structural members shall be corrosion resistant aluminum or stainless steel. g. The array shall be mounted in such a way that normal drainage of the roof area is not
affected.
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h. Array installation shall not unreasonably restrict roof access to roof surface for inspection and repair.
2. Mounting System a. Mounting system shall promote ambient air circulation beneath and above modules
to enhance panel efficiency. b. Modules shall be individually removable for roof access, maintenance, or repair.
3. Inverters a. Maximum peak inverter efficiency shall be 96% or greater. b. Each inverter shall include the following:
i. Automatic operation including start-up, shutdown, self-diagnosis, and fault detection.
ii. Digital Signal Processor (DSP) based controls with self-diagnostics and LCD for display of operating status.
iii. Anti-islanding protection to prevent back-feeding inverter generated power to the grid in the event of a utility outage.
4. Combiner Boxes a. Combiner boxes shall have the following characteristics: National Electrical
Manufacturers Association (NEMA) 3R enclosure, 600 V DC, and UL listed. 5. AC Disconnects
a. Where required by NEC, the inverter disconnect shall be a heavy duty fused disconnect, 240 V AC rated, with isolated neutral and ground. If fused the fuses shall be class RK5, 240 V AC with a minimum interrupt capacity of 65kA.
6. DC Disconnect Switches a. DC disconnects shall be 600 VDC, non-fusible, heavy-duty safety switch.
7. Wiring and Conduit a. All system wiring shall be in accordance with Section 690 of the NEC. The wires
used shall have a temperature rating of 90 degrees Celsius or higher. b. All electric wiring raceways and outdoor electrical conduits shall be compliant with
current code. c. Exposed cables shall be UV resistant. d. Conduits shall be mounted on elevated high-density polyethylene supports.
D. Execution
1. Installation Requirements a. All required over-current protection devices shall be included in the system and
accessible for maintenance. Each shall have trip ratings no greater than the de-rated amperage of the conductor it protects.
b. All electrical connections and terminations shall be fully tightened, secured, and strain relieved as appropriate.
c. System switching and metering equipment shall have convenient access for resetting or repair during electrical outages, and for regular monitoring for data retrieval.
d. For roof installations, the system shall maintain roof and structural integrity. The loading impact of the array, wind, snow, etc. shall be determined before the installation.
e. All building penetrations must be watertight at the completion of the installation.
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f. The system shall maintain the integrity of the home electrical system. The solar contractor shall carefully inspect the electrical system to ensure against harmonic distortion, fault protection issues, and interconnect problems.
2. Installation Standards a. System installation shall conform to all Manufacturers’ Installation Manuals and
approved project drawings and specifications. b. The installation site shall be maintained and kept secure, free of excessive debris, and
in safe condition during the construction period. The site should be left clean after work is complete at the end of each workday. All work will comply with the NEC, the National Fire Code, and the Uniform Building Code, and shall be inspected at each appropriate phase.
c. The solar contractor shall be present on site at all times during installation. In the event that installation requires more than one day to complete or the site is to be left unattended for any reason, including but not limited to lunch, breaks, or emergencies, the solar contractor shall properly secure the site to ensure no tampering, vandalism, or accidents occur at the site.
d. Array mounting hardware supplied by solar contractor shall be compatible with the site considerations and environment. Special attention shall be paid to minimizing the risk from exposed fasteners, components, or structures. Corrosion resistance and durability of the mechanical hardware shall be emphasized. The use of stainless steel fasteners and aluminum support structures is required. The use of ferrous metals, wood, or plastic components is not acceptable, except that pipe supports made of UV-rated plastic curb-type standoffs are acceptable.
e. The solar contractor shall ensure any installing subcontractors are familiar with and adhere to all program requirements, including manufacturer's installation guidelines.
3. Delivery, Storage, and Handling a. Solar PV modules and system components will be protected leading to delivery at
their final locations. The solar contractor shall solely bear the full risk of loss until installation.
b. The solar contractor shall maintain the integrity of the installation site during delivery, handling, and installation, including laying out mats, insulation/plywood layers, etc. Any damage to the roof surface or landscaping shall be identified and repaired by the solar contractor.
c. Each module shall be visually inspected for defects by the solar contractor upon receipt. Any defects shall be immediately reported.
4. Labeling and Identification a. For diagnostic and troubleshooting purposes, all array strings at the combiner boxes,
and the combiner boxes themselves, shall be uniquely tagged and identified with such tagging on the as-built drawings.
5. Cleaning a. Solar PV modules shall be free of dirt and construction debris prior to system
startup.
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E. Startup, Acceptance, and Commissioning
1. Procedures
a. System inspection and safety checks: Solar contractor shall run through a checklist of startup requirements and conduct a series of safety tests to ensure proper installation, safe operation, and performance up to specification.
b. Solar contractor shall correct any deficiencies uncovered by the testing prior to commissioning of the system.
c. The site shall be free of all tools and materials required for construction and installation.
2. Permitting and Interconnection a. The Contractor shall follow permit requirements for the jurisdiction in which an
installation occurs. b. The Contractor shall work with Duke Energy’s Renewable Services Center at 866-
233-2290 to ensure the system can be energized in a timely manner.
3. System Output Measurement a. The solar contractor will establish the initial system output to prove that the system
is performing as it is designed, and to establish a baseline to be used for warranty. The system output will be verified after construction of the system has been completed, on a clear, sunny day. The solar contractor may perform other performance tests to support performance testing.
F. On-line System Monitoring
1. Bids shall include on-line monitoring by the installer for the life of the system.
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INSTRUCTIONS TO BIDDERS The following checklist regarding the submission of bids is presented to assist the Bidder in the proper execution of proposal forms and submission of documents. Your attention to the list above is requested to avoid irregularities in the bids.
For the convenience of the Village, submit the proposal by printing out this document, keeping it order, and making sure that all documents necessary are signed prior to submission. Please note, some documents will only be signed after Village Council awards a contract to the selected vendor.
DO NOT REMOVE ANY SHEETS, but submit the entire contract documents, bound or clipped together, in a sealed envelope.
Mark the outside of the sealed envelope with your company name to identify the name of the Bidder.
COMPLETE THE SILVERTON CONTRACT DOCUMENTS NOTED BELOW:
o Print out and attach the entire packet with necessary signatures, pricing information, and attachments. Please note Exhibit A, Prevailing Wage Rates, are in multiple documents and all must be printed and included.
o Complete the CONTRACTOR’S BID FORM (Page 11). The bidder shall specify the bid price and the amount of energy the proposed system will generate for Town Hall clearly.
o Attach the Bid Guaranty and Contract Performance Bond (attach it to Page 12). The Bid Guaranty and Contract Performance Bond shall be signed by the principal and/or surety.
o Complete the affidavits/certifications that are attached to this document, starting with (Page 13 and going through page 17). There are five documents:
Complete, sign and notarize page 13
Affidavit regarding relationship to Village Officials or Employees (page14)
Affidavit regarding delinquent personal property tax (page 15)
Certification pursuant to ORC Section 3517.13 (1) (3) & (J) (3). (page 16)
Complete, sign and notarize the Unresolved Findings for Recovery Affidavit (page 17)
o Include but do not complete pages 18-19. These documents will be completed by the successful contractor at the end of the project.
o Include but do not complete the Contract Documents starting on Page 20. Interpretation of the Contract Documents, if found necessary before the date for the receipt of bids, will be made by the Village Manager or his designee. Any addenda will be posted on the Village’s website and emailed to contractors who have requested such notice. Oral answers will not be
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binding. Requests for information or clarification of the contract documents shall be submitted in writing to the Village Manger for Silverton no later than 5 days prior to the bid opening. Written requests for information can be made by emailing [email protected]. Bids shall be valid for 45 calendar days from the opening. The contractor who is awarded the contract shall begin the work under this contract on the date indicated in a written order from the Village Manager. The Contractor shall complete all work within the time specified in the Contract. The Bidder's attention is called to both the General Provisions and the Proposal, which call for daily liquidated damages for delay in time of completion. Should actual completion extend beyond the date so fixed, a request for an extension of time, with legitimate reasons for such delay, will be considered.
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CONTRACTOR'S BID PROPOSAL For furnishing all labor and materials to install the “TOWN HALL SOLAR PV SYSTEM” in the Village of Silverton, in accordance with the specifications, the undersigned ______________________________ (Contractor) having carefully examined the Bid Documents and performed a reasonable site investigation for the work included under this contract, in the Legal Notice bound herewith, and having examined the plans and specifications, form of contract, and other contract documents bound herewith, which we understand and accept as sufficient, hereby propose to comply with said requirements and to furnish all of the necessary labor, materials, and services and to do and construct all of the work in accordance with the specifications within the time stipulated in this proposal for the prices stated herein. __________________________ (Contractor) further proposes and agrees that if awarded the contract, contractor will complete the said work by the time of completion as described in the Contract, and the said Contractor agrees to pay to the Village the sum specified in the General Provisions, to reimburse the Village for salaries of Engineers and Inspectors, Clerk hire, and interest charged during the period of delay, and including such other expenses as are due to the said delay, all as specified in the General Provisions, and that such amount as to be retained is mutually agreed to be liquidated damages accruing to the Village because of such delay. The contractor acknowledges receipt of the following addenda and has included their provisions in this proposal (leave spaces labeled “Addendum No.” below blank if no addenda were issued) Addendum No. _______________________________ Dated _____________________
Addendum No. _______________________________ Dated _____________________
BASE BID ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ The Village reserves the right to reject any or all bids and to waive any informalities or irregularities in the bids received and to accept whatever bid it deems responsive. SIGNATURE: OFFICIAL BUSINESS ADDRESS BIDDER: _______________________ __________________________________________ __________________________________________ _______________________ __________________________________________ Date:
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BID GUARANTY AND CONTRACT PERFORMANCE BOND Each bidder is required to furnish with the proposal a Bid Guaranty and Contract Performance Bond in accordance with Section 153.54 through 153.571 of the Ohio Revised Code. Bid security furnished in Bond form shall be issued by a Surety Company or Corporation licensed in the State of Ohio to provide said surety.
(Attach Bid Guaranty and Contract Performance Bond To or Immediately After This Page)
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VILLAGE OF SILVERTON CONTRACT AFFIDAVITS SPECIAL NOTICE: THESE AFFIDAVITS ARE TO BE FILLED OUT AND EXECUTED BY THE BIDDER AND INCLUDED WITH THE BID SUBMISSION. IF THE BID IS MADE BY A CORPORATION, THEN BY ITS PROPERLY AUTHORIZED AGENT.
STATE OF OHIO, COUNTY OF ____________________, SS. _____________________________________ (Name & Title) being duly sworn and says that
he/she is/are the only person/persons interested in the profits of the herein Contract, that the said
Contract is made without any connection or interest in the profits thereof with any other person
making any other bid or proposal for said work, that the said Contract is in all respects fair, and
without collusion or fraud; and also that no member of Village Council or employee of the Village of
Silverton is directly interested.
SWORN TO AND SUBSCRIBED this ____day
of _________________________,20__.
My Commission Expires: ______________
Name & Title ____________________________ Company Name __________________________ Address ________________________________
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AFFIDAVIT RELATIONSHIP TO VILLAGE OFFICIALS OR EMPLOYEES TO BE SIGNED BY AN OFFICER OF BIDDER
STATE OF OHIO, COUNTY OF __________________ ,SS ______________________ (name and title) being first duly sworn says that he/she is related by blood or marriage to the following Village of Silverton officials or employees _____________ (If none, write in none). Affiant further states that he/she knows of no person in his/her company who is related by blood or marriage to any Village of Silverton official or employee, except the following: Name of Company Person Relationship Village Official or Employee ______________________________________________________________________________ ______________________________________________________________________________ (If none, write "no exception") Further affiant saith not
_________________________________ (Signature)
_________________________________
Title and Company Name
SWORN TO AND SUBSCRIBED before me a notary public this ______day of ___________ 20__. My Commission Expires: ____________
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AFFIDAVIT DELINQUENT PERSONAL PROPERTY TAX STATE OF OHIO, COUNTY OF_____________________, SS
_______________________, being first duly sworn says that he is the
_______________________of _____________________________, which company is submitting
a bid to the Village of Silverton for ______________________ on __________________ (date).
Affiant says that no personal property taxes are currently due to HAMILTON County of the date of
said bid.
SWORN TO AND SUBSCRIBED before me a notary public this ______day of ___________ 20__. My Commission Expires: _____________
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CERTIFICATION ORC Section 3517.13 (1) (3) & (J) (3)
The undersigned hereby certifies that the entity entering into this contract with the Village of Silverton is in compliance with ORC Section 3517.13 (I) (1)* or ORC 3517.13 (J) (1)*, whichever is applicable. ___________________________________________
Print Name of Business By: ________________________________________ Printed Name: _______________________________ Title: _______________________________________ By: ________________________________________ Printed Name: _______________________________ Title: ______________________________________
Knowingly making a false statement on the certification is a felony of the fifth degree and the contract shall be rescinded. ORC Sections 3517.13 (A) (1) and 3517.992 (R) (3). These sections of the Ohio Revised Code deal with political contributions to members of Village Council by individuals or business entities seeking to do business with the Village of Silverton. Vendors should take adequate steps to be sure they are in compliance with these statutes prior to signing this certification. This certification must be attached to all contracts involving the purchase of goods costing more than $10,000.00 or services costing more than $10,000.00.
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UNRESOLVED FINDINGS FOR RECOVERY AFFIDAVIT STATE OF OHIO : SS COUNTY OF HAMILTON : Name Position Company
ORC 9.24 provides that those “persons” with unresolved findings for recovery are prohibited from
entering into public contracts.
ORC 9.24 provides that before awarding a contract for goods, services or construction, which is paid
for in whole or in part with State funds, a State agency or political subdivision is required to verify that
the person does not appear in the unresolved findings for recovery database established by the Auditor
of State.
_______________________________,being duly sworn, says that_________________________ (Name) (Company)
If the successful bidder on the project is not charged with an unresolved finding for recovery from
the State of Ohio Auditor’s Office.
Sworn to before me and subscribed in my presence this _______ day of ___________, 20__. ____________________________________________ Notary Public *A data base of unresolved findings is accessible via http://www.auditor.state.oh.us
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NOTICE TO CONTRACTORS: BEFORE THE FINAL PAYMENT WILL BE MADE OF THE CONTRACT WITH YOU, THE FOLLOWING AFFIDAVIT MUST BE EXECUTED AND TRANSMITTED TO THE VILLAGE MANAGER, VILLAGE OF SILVERTON, OHIO. STATE OF OHIO, COUNTY OF __________________________ , SS ________________________________, being first duly sworn, deposes and says that he /she is
authorized to sign this affidavit; and he/she further deposes and says that Village of Silverton
income tax has been withheld for any employee, pertaining to the contract entitled
_____________________dated __________________.
A summary of all subcontractors, contract labor, casual labor, temp help, etc., including name,
current address, social security or federal ID number, telephone number, and gross payments has
been provided to the Village of Silverton at the end of the project.
______________________________________ Company Name By: ___________________________________ Name ___________________________________ Title SWORN TO and SUBSCRIBED before me this _______________day of ____________20___. _____________________________________ Notary Public My Commission Expires: _________________
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FINAL RELEASE OF LIEN NOTE: The bidder is asked not to fill in any of the following blanks. After the contract is completed, the blanks will be filled in by the Contractor.
For and in consideration of __________________________________________, the undersigned, ________________________________________________ (Name of Company)
hereby waive, release, and relinquish any and all claims, demands, and right of lien for all work,
labor, material, machinery, and other goods, equipment, and services done, performed, and
furnished in and for the Improvement, Repair and Construction of :
TOWN HALL SOLAR PV SYSTEMS
In WITNESS WHEREOF, the undersigned has caused these presents to be duly executed this ________________ day of _____________________, 2020.
______________________________________ Company Name By: ___________________________________ Name ___________________________________ Title SWORN TO and SUBSCRIBED before me this _______________day of ____________20___. being personally known to me, appeared before me and executed the foregoing Final Release of Lien and acknowledged such execution to be his free act and deed. _____________________________________ Notary Public My Commission Expires: ________________
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CONTRACT NOTE: The bidder is asked not to fill in any of the following blanks. After the contract is awarded, the blanks will be filled in along with the Village Manager.
ARTICLES OF AGREEMENT Between the Village of Silverton, hereinafter the Village, and __________________hereinafter the Contractor, for making the improvement in the Village of Silverton. THIS AGREEMENT made and entered into this _____ day of _____________2019, by the Village and the Contractor. The Contractor has agreed and by these presents does agree, with the Village, for the consideration of $_____________ and under the penalty expressed in a performance bond of the same date with these presents and herein contained or hereto annexed, to furnish at its own proper cost and expenses, all the necessary materials and labor of every description and to carry out and complete in a workmanlike manner, ready for continuous operation, the improvement known as:
TOWN HALL SOLAR PV SYSTEMS
and in accordance with the drawings and specifications on file in the office of the Village Manager of the Village of Silverton, Ohio, and also in accordance with this document and the Specifications for this contract hereinafter set forth or hereto attached, subject to such change as may be made from time to time by the Village Manager. All work under this agreement shall be completed and acceptable by March 27, 2020.
DEFINITIONS AND TERMS The following definitions and terms, when used in the Contract Documents, are defined as follows: Addendum or Addenda. One or more formally issued changes, clarifications, revisions, amendments, or other alterations to the Bid Documents and process issued prior to the Bid Opening on October 25, 2019 at 11 a.m. on the Village’s website. Anyone wishing to receive any and all addenda by email can contact the Village Manager at [email protected]. Addenda, if any, will be emailed if requested as described above Bid. Work performed according to the bid specifications for the Town Hall Solar PV Systems at 6943 Montgomery Road from the Village of Silverton. Ohio prevailing wage rates shall apply for this portion of the work only as detailed in Exhibit A. Bid Documents. The Bid Documents include the Invitation for Bids, Addenda, Proposal, contract form and required bonds, Specifications, Supplemental Specifications, Special Provisions, general and detailed Plans, Plan notes, standard construction drawings identified in the Plans, notice to contractor, and any other document designated by the Village as a Bid Document, all of which constitute one instrument.
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Bid Guaranty and Contract Performance Bond. The approved forms of security, executed by the Contractor and its Sureties, guaranteeing complete execution of the Work as required by the Contract Documents and the payment of all legal debts pertaining to the construction of the Project. Calendar Day or Day. Every day shown on the calendar. Certified Test Data. A test report from a manufacturer's or an independent laboratory approved by the Village listing actual test results of samples tested for compliance with specified requirements. The report is identified by number or date and identifies the project or supplier to which the material is shipped. Submitted reports signed by a person having legal authority to act for the manufacturer or independent laboratory. Change Order/Extra Work. A written order issued by the Village Manager to the Contractor, covering changes in the plans or quantities, or both, within or beyond the scope of the Contract and establishing the basis of payment and time adjustments for the work affected by the changes. Completion Date. The date of March 27, 2020, as shown in the Contract Documents, on which the Work contemplated shall be completed. Contract. The written agreement between the Village and the Contractor setting forth the obligations of the parties, including, but not limited to, the performance of the Work and the basis of payment. Contract Documents. The Contract Documents include the Invitation for Bids, Addenda, Proposal, contract form and required bonds, Specifications, Supplemental Specifications, Special Provisions, general and detailed plans, Plan notes, standard construction drawings identified in the Plans, notice to contractor, Change Orders, Supplemental Agreements, Extra Work Contracts, and any other document designated by the Village as a Contract Document, all of which constitute one instrument. Contractor. The individual, firm, or corporation contracting with the Village for performance of prescribed Work, acting directly or through a duly authorized representative. Guarantee. Continuing commitment on the part of the Contractor to fix, repair, or replace as necessary any work or materials within one year of the completion of the work for the Town Hall Renovation Project. Interpretation. If the Contractor finds any perceived ambiguity, conflict, error, omission, or discrepancy on or between the Contract Documents, including without limitation the Drawings and Specifications, or between any of the Contract Documents and any applicable provision of law, the Contractor shall submit a written request to the Village Manager, for an interpretation or clarification. Inspector. The Village’s authorized representative assigned to make detailed inspections of Contract performance. Silverton utilizes the National Inspection Corporation, or NIC, for plan reviews and inspections. Minority Business Entrepreneur, or MBE. On Contracts of $25,000 or more, general contractors will be required to achieve 10% Minority Business Entrepreneur participation in the contract, or clearly
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demonstrate and document a good faith effort to achieve MBE participation to be eligible for contract award. Registered Engineer. An engineer registered with the Ohio State Board of Registration for Professional Engineers and Surveyors to practice professional engineering in the State of Ohio. Special Provisions. Additions and revisions to the standard and Supplemental Specifications covering conditions peculiar to an individual Project. Specifications. The directions, provisions, and requirements contained herein as supplemented by the Supplemental Specifications and Special Provisions, including but not limited to the plans, drawings, and notes of the architect of record. Superintendent. The Contractor's authorized representative in responsible charge of the Work. Surety. The corporation, partnership, or individual, other than the Contractor, executing a bond furnished by the Contractor. Work. The construction and services required by the contract documents, to include all labor, materials, equipment and services performed or provided by the Contractor for the Project. Workday. A calendar day that the Contractor normally works. Working Drawings. Stress sheets, shop drawings, erection plans, false work plans, frame work, plans, cofferdam plans, bending diagrams for reinforcing steel, or any other supplementary plans or similar data that the Contractor is required to submit for acceptance.
BIDDING REQUIREMENTS AND CONDITIONS Prevailing Wage Rates. Enclosed with this Bid are prevailing wage rates for this job (Ohio Prevailing Wage Rates as detailed in Exhibit A). Duty to Notify of Errors in Contract Documents. The Contractor shall disclose any and all suspected errors and omissions discovered while preparing this Bid. This is not only a bidding requirement but is also a legal requirement that cannot be ignored. Notify the Village Manager at [email protected] should there be any suspected error or omissions, and all changes or clarifications shall be issued in the form of an addendum. Bid Guaranty. The Village will reject a Bid submitted without a Bid Guaranty and Contract Performance Bond in the amount designated and payable to the Village. If the Village invites alternate Bids and the Bidder elects to Bid more than one alternate, the Bidder may submit one Bid Bond in the amount required for the Base Bid Total. If the Village invites combined Bids and the Bidder elects to Bid only on one package, then the Bidder must submit only one Bid Guaranty. If the Bidder bids on the combined Bid package, the Bidder must submit a Bid Guaranty in the amount required for the combined Bid. The combined Bid Guaranty covers each individual Bid. Delivery of Bid. The Village Clerk will accept Bids until 11:00 a.m. on October 25, 2019 at 6943
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Montgomery Road, Silverton, Ohio 45236. Bids received after the designated time will be returned to the Bidders unopened. The Village will return all Bids not prepared and submitted in accordance with the Proposal. Valid bids shall include a complete copy of this bid booklet with all forms executed as instructed. Public Opening of Bids. The Village will publicly open Bids at 11 a.m. in the Council Chamber of Town Hall located at 6943 Montgomery Road. Please note the Village of Silverton relocated its offices from 6860 Plainfield Road in May of 2018. Bidders or their authorized agent and other interested persons are invited to the opening. The Village may postpone the receipt of Bid time or the opening of Bids time. If the Village changes the hour or the date of the receipt of Bids or the opening of Bids, it will issue an addendum to notify prospective Bidders. Withdrawal of Bids. After Bids are opened, a Bidder is required to identify a mistake in its Bid within 48 hours of the Bid opening. Bidder must provide a written request to withdraw a Bid already filed with the Village if the price bid was substantially lower than the other bids, providing the Bid was submitted in good faith, and the reason for the price bid being substantially lower was a clerical mistake evident on the face of the Bid, as opposed to a judgment mistake, and was actually due to an unintentional and substantial arithmetic error or an unintentional omission of a substantial quantity of work, labor, or material made directly in the compilation of the bid. Disqualification of Bidders. The Village may declare a Bid non-responsive and ineligible for award when any of the following occur:
A. The Bidder fails to furnish the required Bid Guaranty and Contract Performance Bond in the proper form and amount.
B. The Bid contains unauthorized alterations or omissions. C. The Bid contains conditions or qualifications not provided for in the Bid Documents. D. The Proposal is not prepared as specified. E. A single entity, under the same name or different names, or affiliated entities submits
more than one Bid for the same Project. F. The Bidder fails to submit a price for Base Bid #1 and Base Bid #2 as well as a Total
Base Bid. G. The Bidder submits its Bid or Bid Bond on forms other than those provided by the
Village. H. The Bidder fails to complete all required papers in Exhibit C to comply with federal
contract compliance responsibilities. I. The Bidder fails to acknowledge any addendum or addenda. J. The Village finds evidence of collusion. K. Any other omission, error, or act that, in the judgment of the Village, renders the
Bidder's bid nonresponsive. Material Guaranty. Before any Contract is awarded, the Village may require the Bidder to furnish a statement of the origin, composition, and manufacture of any or all Materials to be used in the construction of the Work together with samples. The Village may test the samples as specified in these Specifications to determine their quality and fitness for the Work. Pre-Bid Site Visiting Open Houses for Inspections. Interested bidders are invited to inspect 6943 Montgomery Road prior to submitting bids on October 18th (or by appointment) to make their own
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evaluations of the site conditions and estimated costs of installation. This is optional and not required. CONSTRUCTION AND INSTALLATION GUIDELINES Cleaning Up. Contractor shall maintain the Project in a presentable condition. Contractor shall remove all rubbish, layout stakes, sediment control devices as directed by the Village Manager, excess material, temporary structures, and equipment, storage sites, temporary plant sites, haul roads, and other ground occupied by the Contractor in connection with the Work. Contractor shall leave the Project site in an acceptable condition as determined by the Village Manager. The cost of cleanup is incidental to all contract items.
Working Hours. The Contractor shall coordinate its installation schedule so that work is performed during normal business hours unless written permission is obtained from homeowner to work during other times. This condition shall not excuse the Contractor from timely performance under the contract.
Workmanship. All workmanship, materials, and equipment, either at the site or intended for it, shall conform in all respects with the requirements of all the contract documents, shall be a strictly first class, workmanlike installation, and shall be the best obtainable from the crafts and trades. In all cases, the materials, equipment, and workmanship shall be equal to or better than the grade specified and the best of their kind that is obtainable for the purpose for which they are intended. All labor shall be performed by properly licensed mechanics skilled in their respective trades.
Conformity with Contract Documents. The Contractor shall perform all Work and furnish all Materials in reasonably close conformity with the lines, grades, dimensions, and material requirements as shown on the Plans (if any) and as specified. If the Village Manager or the Village Manager’s Designee determines the Work is not in reasonably close conformity with the Contract Documents and determines the Contractor produced reasonably acceptable Work, the Village Manager or the Village Manager’s Designee may accept the Work. The Village Manager or the Village Manager’s Designee will document the basis of acceptance that provides for an appropriate adjustment to the Contract Price of the accepted Work or Materials. If the Village Manager or the Village Manager’s Designee determines the Work is not in reasonably close conformity with the Contract Documents and determines the Work is inferior or unsatisfactory, the Contractor shall remove, replace, or otherwise correct the Work at no expense to the Village. Superintendent. Contractor shall provide a Superintendent on the Project at all times, irrespective of the amount of subcontract Work. The Superintendent must be capable of reading and understanding the Contract Documents and experienced in the type of Work being performed. The Superintendent shall receive instructions from the Village Manager or the Village Manager’s Designee. The Superintendent shall promptly execute the Village Manager’s or the Village Manager’s Designee’s orders or directions and promptly supply the required materials, equipment, tools, labor, and incidentals. Inspection of Work. The Village Manager or the Village Manager’s Designee may inspect materials and the Work. The Contractor shall provide the Village Manager or the Village Manager’s Designee
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access to the Work, information, and assistance necessary to conduct a complete inspection. Notify the Village Manager at least 24 hours prior to all required inspections. When directed by the Village Manager or the Village Manager’s Designee, the Contractor shall remove or uncover completed Work to allow inspection. After the Village inspection, restore the Work according to the requirements of the Contract Documents. If the inspected Work conformed to the requirements of the Contract Documents, the Village will pay for uncovering or removing and restoring the Work. If the inspected Work did not conform to the Contract Documents, the Village will not pay for uncovering or removing and restoring the Work. The Village’s failure to identify defective Work or material shall not, in any way, prevent later rejection when defective Work or material is discovered, or obligate the Village to grant acceptance. Inspection of Work may include inspection by representatives of other government agencies that pay a portion of the cost of the Work. This inspection will not make other government agencies a party to the Contract and will not interfere with the rights of the Contractor or Village. Removal of Defective and Unauthorized Work. Work that does not conform to the requirements of the Contract is defective. Unless the Village accepts defective Work, the Contractor shall immediately remove and replace defective Work found to exist prior to the date of the Village's check for final payment. Unauthorized Work is Work done contrary to the instructions of the Village Manager or the Village Manager’s Designee, beyond the plan lines, or any extra work done without the Village's permission. The Village will not pay for unauthorized Work. The Village Manager or the Village Manager’s Designee may order the Contractor to remove or replace unauthorized Work at no expense to the Village. If the Contractor fails to comply with the Village's orders under the provisions of this subsection, the Village may correct or remove and replace defective or unauthorized Work and deduct the costs from the Contract Price. Maintenance during Construction. Contractor shall maintain the Work during construction and until acceptance of final inspection. The Contractor is responsible for damage done by its equipment. Construction and Demolition Debris Contractor shall legally dispose of all debris from the construction site. Samples, Tests, and Cited Specifications. The Village Manager or the Village Manager’s Designee may inspect and determine whether the materials comply with the specified requirements before they are incorporated into the Work. The Village may require the Contractor to provide the appropriate certifications or sample and test materials to verify compliance.
Storage of Materials. Contractor shall properly store all materials to ensure the preservation of their quality and fitness for the Work. The Village Manager or the Village Manager’s Designee may re-inspect stored materials before their incorporation into the Work, even though they were approved before storage. The Contractor may use approved portions of the Project for storage; however, if any additional space is required, the Contractor must provide it at the Contractor's expense. Do not use private property for storage purposes without written permission from the owner or lessee. If requested by the Village Manager or the Village Manager’s Designee, furnish copies of the written permission. Contractor shall restore all storage sites to their original condition at no expense to the Village. The Contractor and property owner will indemnify and hold the Village harmless from claims that may arise from the contract or permission statement. This subsection does not apply to the stripping and storing of topsoil, or to other materials salvaged from the Work.
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Handling Materials. Contractor shall handle all materials in such manner as to preserve their quality and fitness for the Work. The Contractor shall transport aggregates from the storage site to the project site in vehicles constructed to prevent loss or segregation of materials after loading and measuring. The Contractor shall ensure that there are no inconsistencies in the quantities of materials loaded for delivery and the quantities actually received at the place of operations. Unacceptable Materials. Unacceptable materials are all materials not conforming to the requirements of these Specifications at the time they are used. The Contractor shall immediately remove all unacceptable materials from the project site unless otherwise instructed by the Village Manager or the Village Manager’s Designee. The Village Manager or the Village Manager’s Designee must approve the use of previously identified unacceptable materials that have been corrected or repaired. If the Contractor fails to comply immediately with any order of the Village made under the provisions of this subsection, the Village Manager or the Village Manager’s Designee will have authority to remove and replace defective materials and to deduct the cost of removal and replacement from any monies due or to become due to the Contractor. Laws to be Observed. The Contractor shall stay fully informed of all Federal, State, and local laws, ordinances, and regulations, and all orders and decrees of authorities having any jurisdiction or authority that affect those engaged or employed on the Work, or that affect the conduct of the Work. The Contractor shall observe and comply with all such laws, ordinances, regulations, orders, and decrees. The Contractor shall hold harmless and indemnify the Village and its representatives against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by the Contractor or the Contractor's employees, subcontractors, or agents. The Contractor agrees that in the hiring of employees for the performance of Work under this Contract or any subcontract hereunder, neither the Contractor, the subcontractor, nor any person acting on behalf of such Contractor or subcontractor shall, by reasons of race, religion, color, sex, sexual orientation, or national origin, discriminate against any citizen of the United States in the employment of labor or workers, who are qualified and available to perform the Work to which the employment relates. Neither the Contractor, the subcontractor, nor any person on their behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of Work under this Contract on account of race, religion, color, sex, sexual orientation, or national origin. Permits, Licenses, and Taxes. Contractor shall procure all permits and licenses; pay all charges, fees, and taxes; and provide all notices necessary and incidental to the due and lawful prosecution of the Work. Patented Devices, Materials, and Processes. Before employing any design, device, material, or process covered by letters of patent or copyright, Contractor shall provide for its use by suitable legal agreement with the patentee or owner. The Contractor and the Surety shall indemnify and hold harmless the Village, any affected third party, or political subdivision from any and all claims for infringement of patented design, device, material, process, or any trademark or copyright, and shall hold harmless and indemnify the Village for any costs, expenses, and damages that it may be obliged to pay by reason of any infringement, at any time during the prosecution or after the completion of the Work.
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Public Convenience and Safety. At all times, the Contractor shall ensure that the Work interferes as little as possible with the traffic. The Contractor shall provide for the safety and convenience of the general public and the residents along the Project and the protection of persons and property. The Contractor shall not close any highways or streets unless specifically allowed by the Contract. Protection and Restoration of Property. The Contractor is responsible for the preservation of all public and private property impacted by the Contractor's operations. The Contractor is responsible for all damage or injury to property, during the prosecution of the Work, resulting from any act, omission, neglect, defective work or materials, or misconduct in the manner or method of executing the Work. The Contractor will remain responsible for all damage and injury to property until final acceptance of the Work, except for portions of the Work that have been granted partial acceptance by the Village Manager. If the Contractor causes any direct or indirect damage or injury to public or private property by any act, omission, neglect, or misconduct in the execution or the non-execution of the Work, then it must restore, at its own expense, the property to a condition similar or equal to that existing before the damage or injury.
Utility Coordination. Utilities data is based upon information provided by the utility and has not been verified by the Village Manager or the Village Manager’s Designee. The Village is not responsible or liable for data supplied by others. Utilities not underground, individual utility services outside public rights-of-way, and private septic systems in single or double family dwellings utilized for only that dwelling and not connected to any other system are not included on the plan. The Contractor shall notify the Registered Underground Utility Protection Service and non-member owners of the starting date at least two working days prior to starting work. The utility shall mark, stake, or otherwise designate the location of the underground facilities within 48 hours of receiving the Contractor's notice of a starting date. The Village does not assume any liability for location of these underground facilities. Where the plans provide for conduits to be connected to, or to cross either over or under, or close to an existing underground structure, it shall be the responsibility of the Contractor to locate the existing structure, both as to line and grade, before it starts to lay the proposed conduit, in order to assure compatibility with the line and grade of the proposed conduit. Payment for all operations described above shall be included in the unit price for the pertinent conduit item. During construction, the Contractor shall report immediately to the Owners of the underground facilities any break or leak in the facilities, or any dent, gouge, groove or other damage. The Contractor shall notify nearby occupants of any emergency situation that may arise. Responsibility for Damage Claims and Liability Insurance. The Contractor shall indemnify and hold harmless the Village and all of its representatives from all suits, actions, claims, damages, or costs of any character brought on account of any injuries or damages sustained by any person or property on account of any negligent act or omission by the Contractor or its subcontractors or agents in the prosecution or safeguarding of the Work.
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The Contractor shall procure and maintain insurance for liability for damages imposed by law and assumed under this Contract of the kinds and in the amounts hereinafter provided from insurance companies. The cost of insurance is incidental to all contract items. Before the execution of the Contract by the Village, the Contractor shall furnish a certificate or certificates of insurance in the form satisfactory to the Village demonstrating compliance with this subsection. The Contractor shall provide an insurance certificate or certificates that show that the Contractor's liability and auto policies coverage are not reduced, restricted, or canceled until 30 days written notice has been given to the Village by the insurer. Upon request, the Contractor shall furnish the Village with a certified copy of each policy, including the provisions establishing premiums. The types and minimum limits of insurance are as follows:
A. Workers' Compensation Insurance. The Contractor shall comply with all provisions of the laws and rules of the Ohio Bureau of Workers' Compensation covering all operations under the Contract with the Village whether performed by it or its subcontractors. The Village shall be named as an insured party in all policies covering the construction of the improvements herein described and specified.
B. Commercial General Liability Insurance. The minimum limits for liability insurance are as follows:
i. General Aggregate Limit $2,000,000 ii. Products - Completed Operations Aggregate Limit $2,000,000 iii. Personal and Advertising Injury Limit $1,000,000 iv. Each Occurrence Limit $1,000,000
The Contractor shall obtain the above minimum coverages through primary insurance or any combination of primary and umbrella insurance. In addition, the Village will require the General Aggregate Limit on a per project basis.
The Contractor shall ensure that the Commercial General Liability Insurance policy names the Village, its officers, agents, and employees as additional insureds with all rights to due notices in the manner set out above. The Contractor shall submit proof of insurance, endorsements, and attachments to the Village Manager prior to starting the Work.
C. Comprehensive Automobile Liability Insurance. The Comprehensive Automobile Liability
policy shall cover owned, non-owned, and hired vehicles with minimum limits as follows:
Bodily Injury and Property Damage Liability Limit Each Occurrence $1,000,000
Insurance coverage in the minimum amounts set forth neither relieves the Contractor from liability in excess of such coverage, nor precludes the Village from taking such other actions as are available to it under any other provisions of this Contract or otherwise in law. The Contractor shall clearly set forth all exclusions and deductible clauses in all proof of insurance submitted to the Village. The Contractor is responsible for the deductible limit of the policy and all exclusions consistent with the risks it assumes under this Contract and as imposed by law.
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Nothing in the Contract Documents and insurance requirements is intended to create in the public or any member thereof a third party beneficiary hereunder, nor is any term and condition or other provision of the Contract intended to establish a standard of care owed to the public or any member thereof. Reporting, Investigating, and Resolving Motorist Damage Claims. The Contractor and the Village are required to report, investigate, and resolve motorist damage claims. In the event that the Village directly receives the motorists claim, the Village will send the claim report to the Contractor and may send a copy of the claim report to the Contractor's insurance company. Contractor's Responsibility for Work. Until the Village Manager or the Village Manager’s Designee accepts the Work during the final inspection, the Contractor is responsible for the Project and will take every precaution against injury or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the non-execution of the Work. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the Work occasioned by any of the above causes before final acceptance. The Contractor shall bear the expense of the repairs except when damage to the Work was due to unforeseeable causes beyond the control of and without the fault or negligence of the Contractor but, including not restricted to, weather, civil disturbances, or governmental acts. Contractor's Responsibility for Utility Property and Services. At points where the Contractor's operations are adjacent to properties of cable, telephone, and power companies, or are adjacent to other property, and any damage to their property may result in considerable expense, loss, or inconvenience, Contractor shall not commence with the operation until all arrangements necessary for the protection of the property have been made.
Tax Considerations. The Contractor will be required to pay, without additional expense to the Village, all Federal, State, local and other taxes which may be applicable to the Work, excepting any taxes and assessments on the real property comprising the site of the Work. The Contractor hereby agrees to withhold all Village of Silverton income taxes due or payable under the provisions of the Silverton Tax Code for wages, salaries and commission paid to its employees who will work within the Village on the project. The Contractor is advised to get full information from Alycia Boggs, Silverton’s Tax Specialist, prior to bidding. Prior to final payment upon the contract, all taxes due shall be paid in full to the Village of Silverton. No Waiver of Legal Rights. The following Village actions do not waive the Village's rights or powers under the Contract, or any right to damages herein provided:
A. Inspection by the Village Manager or the Village Manager’s duly authorized representatives. B. Any order, measurements, or certificate by the Village or Village representatives. C. Any order by the Village or Village representatives for the payments of money or the withholding of money. D. Acceptance of any Work. E. Any extension of time. F. Any possession taken by the Village or its duly authorized representatives.
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The Village will not consider any waiver of a breach of this Contract to be a waiver of any other subsequent breach. Environmental Protection. Contractor shall comply with all Federal, State, and local laws and regulations controlling pollution of the environment. Civil Rights. Contractor shall comply with Federal, State, and local laws, rules, and regulations that prohibit unlawful employment practices including that of discrimination because of race, religion, color, sex, sexual orientation, or national origin and that define actions required for Affirmative Action and Disadvantaged Business Enterprise (DBE) programs. Prompt Payment. Contractor shall make payment to each subcontractor and supplier within 10 Calendar Days after receipt of payment from the Village for Work performed or materials delivered or incorporated into the Project, provided that the pay estimate prepared by the Village Manager includes Work performed or materials delivered or incorporated into the public improvement by the subcontractor or supplier. Prevailing Wage Certification. Contractors shall comply with Ohio Prevailing Wage requirements in the payment of prevailing state minimum wages in all facets of work. Payroll proofs shall be included with each invoice documenting conformance with all applicable prevailing wage requirements. Coordination. The Contractor shall coordinate all work with the Village Manager. A detailed schedule of operations shall be furnished by the Contractor to the Village Manager at the preconstruction meeting and shall list the order of operations and the time frame for the completion of each item of work. The schedule of operations shall be approved by the Village Manager and the Contractor in writing prior to the beginning of the work. Changes to said schedule are to be issued in writing and approved by the Village Manager and the Owner before operations are changed or rescheduled. No payment will be made to the Contractor while he is delinquent in the submission of a progress schedule. Prosecution and Progress. The Contractor shall notify the Village Manager at least 24 hours before starting the Work. If the prosecution of the Work is suspended, notify the Village Manager a minimum of 24 hours in advance of resuming operations. Limitation of Operations. The Contractor shall limit operations to prevent unnecessary inconvenience to the general public. If the Village Manager or the Village Manager’s Designee concludes that the extent of the Contractor's Work unnecessarily inconveniences the public or concludes limiting operations are necessary to protect the existing or new construction from damage, the Village Manager or the Village Manager’s Designee will require the Contractor to finish portions of Work in progress before starting new Work. Character of Workers, Methods, and Equipment. Contractor shall provide personnel with sufficient skills and experience to perform assigned tasks. If the Village Manager gives written notification that specific Contractor or subcontractor personnel are (1) improperly performing the Work, (2) intemperate, (3) disorderly, or (4) creating a hostile work environment, the Contractor shall remove the identified personnel from the Project. The Contractor shall not allow removed personnel to return to the Project without the Village Manager's approval.
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The Village Manager may suspend the Work by written notice under this subsection for the following reasons:
1. The Contractor did not furnish sufficient skilled and experienced personnel to complete the Project by the Completion Date.
2. The Contractor did not remove personnel from the Project as directed in writing by the Village Manager.
The Contractor shall use equipment of sufficient size and mechanical condition to complete the Project by the Completion Date. The Contractor shall ensure that the equipment does not harm the roadway, adjacent property, other structures, workers, or the public. If the Contract Documents do not prescribe the methods and equipment required to accomplish the Work, the Contractor shall determine the methods or equipment necessary to complete the Work according to the Contract. If the Contract Documents specify methods and equipment to perform the Work, use such methods and equipment, unless others are authorized by the Village Manager. The Contractor shall obtain the Village Manager’s written approval before substituting alternate methods or equipment. To obtain the Village Manager's approval, the Contractor shall submit a written description of the alternate methods and equipment proposed and an explanation of the reasons for making the change. The Village Manager's approval of the substitute methods and equipment does not relieve the Contractor of the obligation to produce Work according to the Contract Documents. If after trial use of the substituted methods or equipment, the Village Manager determines that the Work does not conform to the Contract Documents, then the Contractor shall complete the remaining Work using the specified methods and equipment. The Contractor shall remove all deficient Work and replace it according to the Contract Documents, or take such other corrective action as directed by the Village Manager. The Village Manager's authorization to substitute alternate methods and equipment will not change the basis of payment for the construction items involved or the project completion. Determining a Time Extension to the Completion Date and Payment for Excusable Delays. The Village will only extend the Completion Date if an excusable delay, as specified below, delays Work on the critical path shown on the accepted progress schedule. The critical path is defined as the sequence of activities that must be completed on time to ensure that the Project finishes by the Completion Date. The Village will not evaluate a request for extension of the Completion Date unless the Contractor notifies the Village Manager in writing. The Village Manager will evaluate the Contractor's analysis and determine the time extension due, if any. The Village Manager will measure all time extensions in Calendar Days. The Village Manager or the Village Manager’s Designee may order the Contractor to continue Work after March 2, 2018 and compensate the Contractor for costs incurred due to cold weather Work. The Contractor's plea that insufficient time was specified is not a valid reason for an extension of time.
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A. Excusable, Non-Compensable Delays. Excusable, non-compensable delays are delays that are not the Contractor's or the Village's fault or responsibility. The Village will not grant additional payment for excusable, non-compensable delays.
B. Extension to the Completion Date for Weather. Contractor shall submit requests for extensions of time due to weather or seasonal conditions that delayed items of Work on the critical path, in writing to the Village Manager at the end of each month. The Village Manager will extend the Completion Date 1 workday for each lost workday caused by weather. The Village Manager will grant a time extension for every workday that weather reduces production by more than 50 percent on items of Work on the critical path. The Village Manager will not consider weekends and holidays as lost workdays unless the Contractor normally works those days or unless the Village Manager directs the Contractor to work those days.
C. Excusable, Compensable Delays. Excusable, compensable delays are delays that are not the
Contractor's fault or responsibility, and are the Village's fault or responsibility. For the following excusable, compensable delays, the Village Manager will extend the Completion Date if the appropriate written notice has been given. Compensation for excusable, compensable delays will be determined by the Village Manager.
D. Non-Excusable Delays. Non-excusable delays are delays that are the Contractor's fault or responsibility. All non-excusable delays are non-compensable.
E. Concurrent Delays. Concurrent delays are separate critical delays that occur at the same time. When a non-compensable delay is concurrent with a compensable delay, the Contractor is entitled to additional time but not entitled to additional compensation.
Failure to Complete on Time. If the Contractor fails to complete the Work by the Completion Date, then the Village, if satisfied that the Contractor is making reasonable progress, and deems it in the best interest of the public, may allow the Contractor to continue in control of the Work. The Village will pay the Contractor for Work performed on the Project less any liquidated damages incurred. If the Work is not completed by the Completion Date and the Village permits the Contractor to remain in control, the Contractor shall prosecute the Work at as many different places, at such times, and with such forces as the Village requests. The Contractor shall provide a written plan for the completion of the Work. For each calendar day that Work remains uncompleted after the Completion Date, the Village may deduct the sum specified herein from any money due the Contractor, not as a penalty, but as liquidated damages. Permitting the Contractor to continue and complete the Work or any part of the Work after the Completion Date, or after extensions to the Completion Date, will in no way operate as a waiver on the part of the Village of any of its rights under the Contract.
SCHEDULE OF LIQUIDATED DAMAGES
Original Contract Amount (Total Amount of the Bid)
Amount of Liquidated Damages to be Deducted for Each
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From More Than To and Including Calendar Day of Overrun in Time
$ 0 $ 500,000 $ 500 $ 500,000 $ 2,000,000 $ 550
Unsatisfactory Progress and Default of Contractor. The Village will notify the Contractor in writing of unsatisfactory progress for any of the following reasons:
A. The Contractor has not commenced the Work by the dates established in the schedule. B. The Contractor does not proceed with the Work in a manner necessary for completion of
the Project by the Completion Date. C. The Contractor is performing the Work improperly. D. The Contractor abandons, fails, or refuses to complete the Work. E. Any other reason the Village believes jeopardizes completion of the Work by the
Completion Date. If the Contractor does not respond to the satisfaction of the Village, the Village may declare the Contractor in default and may notify the Contractor and Surety that the responsibility to complete the Work is transferred to the Surety. Upon receipt of this notification, the Contractor's right to control and supervise the Work will immediately cease. Termination of the Contract for Convenience of the Village. The Village may terminate the Contract at any time for the convenience of the Village. The Village will compensate the Contractor for work performed up to the date of termination. Payroll Records. Contractor shall keep payroll records as required by Federal or State law. Authorized representatives of the Village may inspect the certified payroll and other payroll records. Upon completion of the Work and submitting invoices, and before receiving the final estimate, Contractor shall submit an affidavit stating that wages have been paid according to the minimum rates specified in the Contract Documents. PROBLEM SOLVING Suspension of Work. If the performance of all or any portion of the Work is suspended or delayed by the Village Manager in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the Contractor believes that additional compensation or time is due as a result of such suspension or delay, Contractor shall notify the Village Manager as specified in subsection F. The Village will not make an adjustment under this subsection in the event that performance is suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this Contract.
Significant Changes in Character of the Work. The Village Manager may alter the Work as necessary to complete the Project. If the alterations or changes in quantities significantly change the character of the Work under the Contract, an adjustment, excluding anticipated profit, will be made to the Contract.
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Eliminated Items. The Village may partially or completely eliminate contract items. The Village will not make an adjustment to compensate the Contractor for non-performed pay items. Extra Work. Contractor shall perform extra work as directed by the Village Manager. The Village will pay for extra work as specified in these General Provisions.
Contractor Notification.
1. Contractor Initial Oral Notification. Contractor shall provide immediate oral notification
to the Village Manager upon discovering a circumstance that may require a revision to the Contract Documents or may result in a dispute. Upon notification, the Village Manager will attempt to resolve the identified issue as quickly as possible.
2. Contractor Written Early Notice. If the Village Manager has not resolved the identified
issue within 2 workdays after receipt of the oral notification, Contractor shall provide a written notice of any circumstance that may require a revision to the Contract Documents or may result in a dispute. This early notice must be given by the end of the second workday following the occurrence of the circumstance. The Village Manager and Contractor shall maintain records of labor, equipment, and materials used on the disputed work or made necessary by the circumstance. Such records shall start when early notice is received by the Village Manager.
3. Continuation of Work. The Contractor shall continue with all Work, including that for
which notice has been given. The Village will continue to pay for Work.
4. No Contract Adjustment Without Notification. The Village will not make the adjustments allowed if the Contractor did not give the appropriate notices.
PAYMENT
Scope of Payment. Payment of the Contract Price is full compensation for all resources necessary to complete the contract item and maintain the Work. Contractor assumes liability for risk, loss, damage, or expense resulting from the Work. Invoicing. Contractors shall submit invoices for work completed and approved only. Contractors shall submit invoices for the original scope of work (and any subsequent, approved change orders) and it shall include any and all necessary accompanying documentation. Payment for Delivered Materials. The Village will pay, up to 50 percent of the applicable contract item, for the invoiced cost of the delivered and approved materials before they are incorporated in the Work, if the approved materials are delivered, accepted, and properly stored on the Project or stored in acceptable storage places in the vicinity of the Project. Payroll Proofs. Payroll proofs shall be included with each invoice documenting conformance with all applicable prevailing wage requirements for each trade. Extra and Force Account Work
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A. Extra Work. If the Village revises the Contract, the Village will pay for the extra work with a Change Order. The Village and Contractor will negotiate agreed unit or lump sum prices. The Contractor shall provide proposed pricing and cost justification for Extra Work within 5 business days after the Village's request. The Village will respond within 5 business days after receipt of the Contractor's proposal. The Village and the Contractor can mutually agree to extend these 5-day time limits. If the Village negotiates with the Contractor but does not agree on a price adjustment, the Village Manager may direct the Contractor to perform all or part of the revised Work under force account.
B. Force Account Work. The Village Manager may direct the Contractor to perform the revised
Work under force account. The Contractor shall submit a written proposal for the Work, including the planned equipment, materials, labor, and a work schedule. The Village will pay the Contractor as specified in this subsection as full compensation for performing the force account Work. At the end of each Workday, the Contractor's representative and the Inspector will compare records of the Work done under force account. The Village will make no force account payment before the Contractor submits an itemized statement of the costs for that Work. The Village Manager will check and, if found to be acceptable, approve all rates and costs, including reasonable overhead and profit, submitted by the Contractor. The Village may require additional documentation to support the request for payment under this subsection.
1. Labor. The Village will pay the wages and fringe benefits currently in effect
for each hour the Work is performed by all labor employed in the Work and all foremen in direct charge of the specific operation.
If applicable, the Village will pay the prevailing wage and fringe rates that apply to the Project for the classifications required for Extra Work. The Contractor must provide payroll records for pay rates higher than the prevailing wages and establish that the higher than prevailing rates are paid for original Contract Work.
2. Materials. The Village will pay the Contractor's actual invoice costs, including
applicable taxes and actual freight charges, for Village-approved materials the Contractor uses in force account Work. The Contractor shall not incorporate materials into the Work without a price agreement.
3. Equipment. The Village will pay the Contractor's costs for equipment the
Village deems necessary to perform the force account work for the time directed by the Village or until the Contractor completes the force account Work, whichever happens first. The Village will pay the Contractor the established rates for equipment only during the hours that it is operated, except as otherwise allowed elsewhere in these General Provisions. Compensation for idle time may be made for equipment on site solely for use in force account work The Village will pay for use of Contractor-owned equipment the Village approves for force account Work at established rates.
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The Contractor shall use Village-approved equipment in good working condition and providing normal output or production. The Village Manager may reject equipment not in good working condition or not properly sized for efficient performance of the Work.
4. Subcontractor Work. The Village will pay for Work performed by an
approved subcontractor at the approved subcontract amount plus 5% to cover administrative costs. The Village will not make final payment for Work performed on a force account basis until the Contractor has furnished the Village with itemized statements of the cost of such force account work.
The compensation provided in this subsection constitutes payment in full for all Extra Work completed by original Contract Price, agreed unit price, agreed lump sum price, and for work performed on a force account basis.
C. Delay Costs. If the Village agrees that it has caused a delay, the Village will pay for the costs
specified in this subsection, unless these costs have been previously paid. Such payment constitutes full compensation for all delay costs.
a. The Village will make no payment for delays occurring during the period from December 1 to April 30 unless the Contractor's approved progress schedule depicts critical Work occurring throughout this period.
b. The Village will not pay for delay costs until the Contractor submits an itemized
statement of those costs. Unrecoverable Costs. The Contractor is not entitled to additional compensation for costs not specifically allowed or provided for in the General Provisions. Partial Acceptance. Upon completion of a portion of the Work, the Contractor may request partial acceptance of that portion of the Work. The Village Manager or the Village Manager’s designee will determine if the portion is acceptably completed. The Village Manager or the Village Manager’s designee will grant written partial acceptance for that portion of the Work or reject the Contractor's request. Such written partial acceptance will designate what portion of the Work is accepted, the date of acceptance, and the warranty provisions started by the partial acceptance. Partial acceptance will relieve the Contractor of maintenance responsibility for the designated portion of the Work. This does not relieve the Contractor of responsibility to correct defective Work or repair damage caused by the Contractor. Final Acceptance and Termination of Contractor Responsibility The Contractor shall notify the Village Manager or the Village Manager’s designee when the Project is complete and all of the Village Manager or the Village Manager’s designee punch list items are complete. If the Village finds the Work Substantially complete with punch list items or complete and acceptable as final, then the Contractor's maintenance responsibilities end on the day of the final inspection, except for any maintenance related to unfinished punch list items. This does not relieve the Contractor of responsibility to correct defective Work or repair damage caused by the Contractor.
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A. Punch List. The Village Manager or the Village Manager’s designee will issue to the Contractor
a written punch list of minor Work required as a condition of final acceptance. The punch list will stipulate a reasonable time to complete the required Work.
B. Finalization. The Contractor shall accept the final quantities as determined by the Village Manager or provide a written notice indicating the reason for disagreement within 30 Calendar Days of receiving the Village's list of final quantities. If no notice of disagreement is received, then the final payment will be based on the Village Manager's list of final quantities.
C. Manuals, Training. The Contractor shall provide a complete and organized binder with copies of product manuals, operating guides, warranty certifications, and other similar documents upon completion of the installation. The Contractor shall train Village personnel on the use, maintenance, and operation of the Solar PV Systems.
D. Final Acceptance and Payment. Final payment is based on: 1. The agreed final quantities or, as determined by the Village, if agreement is not
possible. No compensation for unauthorized work is allowed. 2. Acceptance by the Village Manager. 3. Receipt of all required documents.
The final payment shall be made within 30 days of final acceptance and receipt of a one-year maintenance bond.
E. Termination of Contractor's Responsibility. The Contract is complete, except for items covered by the guarantee, when the Contractor receives final payment.
F. Completion of Final Release of Lien. The Contract and the Village shall complete the final release of lien when the Contractor receives final payment.
G. Post Construction Meeting. A post construction meeting with the Contractor may be held approximately 10 days after the final inspection. The cost for attending this meeting, should it be held, is incidental to the contract.
IN WITNESS THEREOF: The Village Manager, on behalf of the Village of Silverton, Ohio, and the Contractor have executed this contract in TRIPLICATE as of the date herein-before written, one part of which is to remain on filed with the Village Manager, one part of which is to remain with the architect of record, and the third to be delivered to the Contractor. Contractor: Village of Silverton ___________________________ ___________________________ By: ________________________ Title: ______________________ Attest: _____________________ Date: ______________________ Date: ______________________
Village Manager
Clerk
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CONTRACT CERTIFICATIONS NOTE: The bidder is asked not to fill in any of the following blanks. After the contract is awarded, the blanks will be filled in by the Village’s fiscal officer and village solicitor.
CERTIFICATE OF FISCAL OFFICER As Fiscal officer for the Village of Silverton, Ohio, I hereby certify that funds in the amount of
$_______________________________ have been lawfully appropriated for the purpose of meeting
the obligation of the contract with ________________________________duly authorized by
Ordinance ______________adopted ________________ 20__ and are in the treasury or in the
process of collection to the credit of the ___________________________ Fund free from any
previous encumbrances.
Signed this day _________________of ____________20__. ___________________________________________________ FISCAL OFFICER OF THE VILLAGE OF SILVERTON, OHIO CERTIFICATE OF LEGAL OFFICER I approve the form and legality of the within contract and bond this ______________day of
____________, 20__.
_____________________________________________________ Bryan E. Pacheco, Village Solicitor
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Exhibit A:
Ohio Prevailing Wage Rates Attached
