REQUEST FOR BID COVER SHEET - City of Waverly

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LIME LAGOON SLUDGE REMOVAL AND CLEANING Page 1 REQUEST FOR BID – COVER SHEET Request for Bid: Lime Lagoon Sludge Removal and Cleaning Location: 9434 SR 220 E. Waverly, OH 45690 Village of Waverly Water Treatment Facility Aaron Buckler - Superintendent Advertisement Date: April 21, 2021 Closing Date: May 21, 2021 12:00pm Bids Opened: May 24, 2021 10:00am at the Village Offices Located at 201 W. North St. Waverly, OH 45690 NAME AND ADDRESS INFORMATION MUST APPEAR BELOW: Submitted by: Company Name: _________________________________________ Federal Tax ID No.: _______________________________________ Name/Title of Person Submitting Proposal: _______________________________________ Correspondence Address Information Remit to Address Information: Street Address: P.O. Box: City: State: Zip: E-Mail Address: Telephone Number: Cell Number: Fax Number: Contact Person: Aaron Buckler E-Mail Address: [email protected] Telephone: 740-947-4996

Transcript of REQUEST FOR BID COVER SHEET - City of Waverly

LIME LAGOON SLUDGE REMOVAL AND CLEANING Page 1

REQUEST FOR BID – COVER SHEET

Request for Bid: Lime Lagoon Sludge Removal and Cleaning

Location: 9434 SR 220 E. Waverly, OH 45690

Village of Waverly

Water Treatment Facility

Aaron Buckler - Superintendent

Advertisement Date: April 21, 2021

Closing Date: May 21, 2021 12:00pm

Bids Opened: May 24, 2021 10:00am at the Village Offices Located at 201 W. North St. Waverly, OH 45690

NAME AND ADDRESS INFORMATION MUST APPEAR BELOW:

Submitted by:

Company Name: _________________________________________

Federal Tax ID No.: _______________________________________

Name/Title of Person Submitting Proposal: _______________________________________

Correspondence Address Information Remit to Address Information:

Street Address:

P.O. Box:

City:

State:

Zip:

E-Mail Address:

Telephone Number:

Cell Number:

Fax Number:

Contact Person: Aaron Buckler

E-Mail Address: [email protected]

Telephone: 740-947-4996

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INFORMATION TO BIDDERS

Sealed bids will be accepted at the office of the Mayor located at 201 W. North Street Waverly, Ohio 45690 until twelve o'clock noon, Friday, May 21, 2021 for the LIME LAGOON SLUDGE REMOVAL AND CLEANING project in accordance with the specifications contained herein. Project Description: The work for which bids are invited consists of furnishing all materials and labor for the removal of approximately 1,000 dry tons of lime sludge annually from the Village of Waverly’s lime sludge lagoons and the disposal of said sludge by the use of a method of removal acceptable to the Village of Waverly, State of Ohio EPA, State of Ohio Department of Agriculture, or any other local, state or federal agency. Additional lime sludge removal may be requested as funds become available. The Village intends to award a sixty (60) month contract beginning June 7, 2021 and ending June 8, 2026 with an optional twelve (12) month renewal with both the Village and contractor agreeing to such a renewal. All interested parties must complete and submit by sealed bid with the full name of every person or company interested in the project clearly labeled “LIME LAGOON SLUDGE REMOVAL AND CLEANING PROJECT” on the sealed envelope. The bid must be accompanied by a BID BOND of ten percent (10%) or in lieu of posting a BID BOND, a CASHIER’S CHECK, CERTIFIED CHECK or LETTER OF CREDIT made payable to the Village of Waverly in the amount of ten percent (10%) of the contract amount as a guaranty that if the bid is accepted, a contract will be entered into. A PERFORMANCE BOND for one hundred percent (100%) of the bid amount will be required upon signing the contract. Further, Each bid shall be accompanied by a BID GUARANTY and CONTRACT BOND for one hundred percent (100%) of the contract amount as required by section 153.571 of the Ohio Revised Code supported by a Power of Attorney for the bonding agent, a Certificate from the Department of insurance authorizing the Surety Company to do Surety business in the State of Ohio and a current financial statement of the Surety Company. If the bid is rejected, the bid bond will be returned with notice. As for the bid accepted, the bid bond and contract bond will be returned upon completion of the contract. Details regarding the specifications and requirements along with bid documents can be found at the Village of Waverly’s Water Department website at: https://www.cityofwaverly.net/BidPackages.aspx Contractors and/or Subcontractors for this project shall at all times comply with all requirements of the Ohio Civil Rights Act and shall if required by governing bodies, supply all reports or other information requested by them. Also note that State of Ohio prevailing wage rates are not required for this project. The right is reserved by the Water Treatment Facility Superintendent alongside the Mayor for the Village of Waverly, Ohio to reject any or all bids, and to waive technical defects, irregularities and informalities as the interest to which the Village may require. No bidder may withdraw a bid for a period of thirty (30) days after the date set for the opening thereof. This issued by order of the Village of Waverly, Ohio – Greg Kempton, Mayor.

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PREPARATION OF BID a. Each bid must be submitted on the forms provided. All blank spaces for bid prices must be filled in, in ink or

typewritten, in both words and figures. No additional prices or qualifying clauses shall be written in. The price bid for all items of work shall include all labor, materials, tools, equipment, etc., necessary to furnish and install in place, complete and in operating condition the items listed, shown and/or specified. Any items that the bidder wishes the Village to consider in evaluation of these bids shall be included in the bid package. The Village will not consider items submitted separately. Items included with the bid and representations made therein shall be considered to be binding upon the bidder.

b. Each bid must contain the full name and address of each person and firm interested in the same and if applicable the name and address of the President and Secretary of the Corporation bidding. Each bidder shall include in the space provided in the Proposal a detailed account of its experience, skill and financial standing and equipment available to perform the work.

c. Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, address, and the name of the project for which the bid is submitted.

d. Each bid must include the Non Collusion Affidavit, Insurance Requirements, Bid Guaranty/Contract Bond and Proposal Affidavit.

e. Each bid shall be accompanied by a Bid Guaranty in the form of a certified check or a bid bond payable to the Village of Waverly, in a sum not less than Ten Percent (10%) of the total amount bid, not including extra cost options. Certified checks or Bid bonds will be returned to unsuccessful bidders within thirty days of bid opening. Certified checks or Bid bonds of successful bidders will be returned upon execution of a contract with the Village, its performance secured, and tender of a payment and performance bond. The successful bidder shall furnish a performance and payment bond in an amount equal to the contract amount as security for the faithful performance and payment of all contractors’ obligations under the Contract Documents. IMPORTANT: Surety companies executing BONDS must appear on the U.S. Treasury Department's most current list (Circular 570 as amended) must be authorized to issue surety bonds in Ohio by the Superintendent of the Ohio Department of Insurance and properly licensed by the Ohio Department of Insurance to do business in the State of Ohio.

f. Attorneys-in-fact who sign Bid, Contract or Performance Bonds must file with each bond a certified and effectively dated copy of their power of attorney.

TAXES

a. The Village of Waverly is exempt from any sales or use taxes imposed by the State of Ohio and/or the United States Government. All bids shall exclude sales or use taxes on the Project. Exemption certificates will be certified upon request by any prospective bidder.

ACCEPTANCE OF BIDS

a. The Village of Waverly, Ohio reserves the right to reject any or all bids; to waive minor irregularities in the bid and to award the contract or contracts to the lowest and best bidder that the Village deems will best serve the Village. The Village reserves the right to reject the Bid of any Bidder if Village believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Village. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. In evaluating Bids, Village will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid form or prior to the Notice of Award. Village may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. Village also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. Village may conduct such investigations as Village deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of

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Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Village’s satisfaction within the prescribed time. If the Contract is to be awarded, it will be awarded to the lowest and best Bidder whose evaluation by Village indicates to Village that the award will be in the best interests of the Project. If the Contract is to be awarded, Village will give the Successful Bidder a Notice of Award within sixty days after the day of the Bid opening.

QUALIFICATIONS OF BIDDER a. To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five days

of Village's request written evidence, such as financial data, previous experience, present commitments and other such data as may be called for below (or in the Supplementary Instructions). Each Bid must contain evidence of Bidder's qualification to do business in the State of Ohio or covenant to obtain such qualification prior to award of the Contract. In determining the award of Contract, consideration will be given to:

b. The lowest and best bid. c. The Bidder's record of experience in projects of this type. d. No bid will be accepted from, nor Contract awarded to, anyone who is in arrears to the Village upon Debt or Contract, or has defaulted on prior work for the Village or otherwise upon any obligation to the Village, or whose work on prior projects has proven unsatisfactory or dilatory.

LAWS AND REGULATIONS a. The bidder's attention is directed to the fact that all applicable State laws, municipal ordinances, and the rules

and regulations of all authorities having jurisdiction over construction of the project shall apply to the Agreement throughout, and they will be deemed to be included in the Agreement the same as though herein written out in full including but not limited to the following:

Minimum Wage Rates

a. This project is not subject to prevailing wage requirements.

Occupational Safety and Health Act a. Special attention of Bidders is also directed to the requirements of O.S.H.A. The successful Contractor will be required to observe all provisions of that Act which are by reference included in the specified provisions of these specifications as if actually reproduced therein and will be responsible for their reinforcement both in letter and spirit.

ESTIMATE OF QUANTITIES

a. The estimated quantities listed in the Proposal form, although stated with, as much accuracy is possible in advance, are approximate only and are given only for the purpose of comparing Bids. The quantities on which payment will be made to the Contractor will be determined by measurements of the work actually performed by the Contractor as indicated in the Scope of Work.

AWARD OF CONTRACT

a. The Village will evaluate all bids and the contract will be awarded to the lowest and best bidder based on the lowest price per amount of solids removed as well as whether the bidder involved (a) Maintains a permanent place of business; (b) has adequate equipment to do the work properly and expeditiously; (c) has a suitable financial status to meet obligations incident to the work, (d) has appropriate technical experience; and (e) past experience with the Village. The Village reserves the right to reject any or all bids, to waive any informality in the bidding, and to award to the lowest and best bidder.

WITHDRAW OF BIDS

a. Any bid may be withdrawn prior to the scheduled time of the bid opening, but only by submitting a request to withdraw the bid in writing and signed by the individual submitting the bid. No bidder may withdraw a bid for a period of thirty (30) days after the date set for the opening thereof. This issued by order of the Village of Waverly, Ohio – Greg Kempton, Mayor.

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CONFLICT OF INTEREST

a. No elected official, staff member, or employee of the Village shall become directly or indirectly interested personally in any bid submitted, the Agreement awarded or in any part thereof.

REQUIREMENTS OF THE SUCCESSFUL BIDDER

a. Bidders may be required to attend a pre-award conference to explain any variations from the Specifications or conditions herein.

b. Demonstration: The successful bidders may be called upon to demonstrate to the Village it ability to perform under the Agreement.

c. Notice of Award and Agreement: The successful bidder(s) shall be required to acknowledge the Notice of Award and to execute the Agreement on forms included herein, within ten (10) calendar days from the date of the Notice of Award.

SIGNING OF THE AGREEMENT

a. When the Village gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written contract documents attached. Within the time stipulated in the "Notice of Award" thereafter Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to the Village with the required Bonds. Within twenty days thereafter the Village shall deliver one fully signed counterpart to Contractor.

AGREEMENT AND CONTRACT DOCUMENTS

a. All applicable State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction

over execution of the work shall apply to the contract throughout, and they will be deemed to be included in the

contract the same as though herein written out in full.

b. The Plans, Specifications and Addenda: All supplemental documents included in the bid packet and bid

submission from the Successful Bidder shall form part of this Agreement and the provisions thereof shall be as

binding upon the parties hereto as if they were herein fully set forth. The table of contents, titles, headings,

running headlines and marginal notes contained herein and in said documents is solely to facilitate reference to

various provisions of the Contract Documents and in no way affect, limit or cast light on the interpretation of the

provisions to which they refer.

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SCOPE OF WORK

The purpose of this project is to remove the lime sludge from both of the water treatment plant’s lime sludge lagoons by means of pumping techniques to restore capacity, and to fulfill this goal efficiently and neatly, without interfering with the water treatment plant, transport routes, or disposal site operation. The Contractor must use a method of removal acceptable to the Village of Waverly, State of Ohio EPA, State of Ohio Department of Agriculture, or any other local, state or federal agency. The work to be performed under this contract shall include furnishing all of the necessary labor; disposal costs (fees) if applicable; the appropriate equipment involved in the removal of water treatment lime sludge from the Village’s lime sludge lagoons in liquid form; and the restoration of all facilities and grounds involved in this cleaning procedure to approximate pre-project conditions. The Contractor shall provide how many years they have been engaged in the contracting business under their present firm or trade name. The Contractor will also provide a list of three (3) other projects of this nature that they have completed in the past five (5) years, along with: date of project, owner, phone number and address to contact responsible party, and size/type of project. Additional references and information shall be supplied by the Contractor, upon request of the Village in reviewing of Contractor’s submittal. The present condition of the sludge can be adequately examined by any potential bidder prior to bidding. All potential bidders are encouraged to visit the site. To schedule a site visit, please contact the Water Treatment Facility at 740-947-4996. The successful bidder must obtain all appropriate land apply licenses and submit a copy of such licenses to the Village prior to any lime sludge being removed from the site. The Contractor shall provide the Village and any property owners where the material is applied with all necessary information, lime sediment analysis, soils tests of disposal sites, detailed disposal site maps, and complete application records, etc., if so requested or required by Ohio EPA , the Ohio Department of Agriculture. Furthermore, the successful bidder must submit applicable tax information to the Village of Waverly Tax Department prior to the start of work. The tax office is located at 201 W. North St. Waverly, OH 45690 and forms can be found online at http://www.cityofwaverly.net/TaxDepartment.aspx The Contractor shall assume all responsibilities for proper and lawful disposal and application of the lime sludge. The disposal sites and application rates for spreading the lime shall be by mutual agreement between the Contractor and the land owner. The Contractor shall provide the Village a copy of such signed agreement, which will stipulate that the Village is held harmless from any damages, which might occur as a result of the spreading or stockpiling of the lime sludge.

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AGREEMENT FOR SERVICES THIS AGREEMENT is by and between Village of Waverly, Ohio (“The Village”) and _________________________________ (“Contractor”). The Village and Contractor hereby agree as follows:

1. Representations, Warranties and Covenants (a) The Village hereby represents, warrants and covenants to the Contractor as follows:

i. The Village is a municipal corporation duly created and existing pursuant to the laws of the State

of Ohio. ii. The Village has the requisite power and authority to enter into this Agreement.

(b) The Contractor represents, warrants and covenants to the Village as follows:

i. The Contractor is a ___________duly organized and validly existing in good standing in the State of

Ohio and is qualified and authorized to do business in the State of Ohio. ii. The Contractor has full power and authority to enter into this Agreement and to perform its duties and

obligations hereunder. iii. This Agreement has been duly authorized, executed and delivered by the Contractor, is enforceable in

accordance with its terms and the authorization, execution, delivery and performance of this Agreement by the Contractor will not violate any law, judgment, order, ruling or regulation applicable to the Contractor and does not constitute a breach of or default under any agreement or instrument by which the Contractor is bound.

iv. The Contractor (or the Contractor's personnel, where appropriate) has or holds, and will continue to have or hold throughout the Term of this Agreement, all Permits necessary and required to be obtained by the Contractor to conduct the services under this Agreement.

v. No litigation is pending or threatened against the Contractor which would impair its ability to perform its duties and obligations under this Agreement.

2. Start Date Upon notification of bid award, Contractor must commence with removal of accumulated sludge residuals at the Water Treatment Plant no later than September 30, 2021.

3. Final Completion Date The final completion date for this Agreement is sixty (60) months after commencement of this agreement, (including all site remediation) with the option to renew for one additional year (12 months) beyond the original sixty (60) month agreement.

4. General Conditions Removal shall be accomplished in liquid form by using pumping equipment which will not degrade the levees around the lagoons or bottom of the lagoons. Water to re-liquefy the spent sludge will be provided by the Water Treatment Plant on an as requested basis. The time between removals shall not exceed a twelve (12) month period unless first requested in writing by the contractor and approved by the Superintendent of the Water Treatment Facility. Lime sludge will continue to be discharged from the Water Treatment Plant into the lime sludge lagoon on a daily basis during the sludge removal process. The Contractor shall consider any measures necessary to continue the sludge removal process during the pumping process.

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5. Dimensions

Both Lagoons measures approximately 100’ wide X 200’ long with a sloping depth of approximately 6’ to 10’ from end to end.

6. Preservation The integrity of the lagoon’s topography (levees, side slopes, drives, or bottom of the lagoon) shall be maintained at all times during the removal operation. The Contractor shall be responsible for the complete restoration of all disturbed site topography to the original, pre-contract condition.

7. Transportation The Contractor shall have sufficient and adequate equipment to pump, load, transport and dispose of the lime sediment in accordance with the terms, conditions and provisions of this Agreement. The Contractor shall submit a list of the equipment they intend to use to execute this Agreement with the bid documents. Liquid sludge shall be placed into vehicles suitably equipped to handle the material without leakage. Any vehicle which is not sealed or self-contained shall immediately be removed from this job by the Contractor, or immediately upon notification by the Village. Vehicles shall also be kept clean and free of mud, gravel, or debris (including sludge) that might be deposited along transportation routes. Enclosed body-tank trucks are preferred to reduce spillage and tracking. Special attention by the Contractor is required to maintain the clean and dust-free conditions possible along all transportation routes. If required, the Contractor shall submit a map of the specific truck route that he intends to use for hauling under his proposal. The type of truck shall be considered in the review and approval of any route(s). Truck routes shall meet all applicable regulations. Approval of a route by the Village in no way relieves the Contractor of compliance with all traffic and highway codes, regulations, postings, etc.

8. Environmental The Contractor shall conduct his/her on-site operation on the Village’s property in a safe and environmentally controlled manner. Refueling of haul trucks is permissible only if spillage of fuel is prevented. Major repairs of equipment shall not occur on the Village’s property. Leakage of equipment fluids will not be permitted or tolerated on the Village’s property. The Contractor shall immediately remove any and all soils and materials that become contaminated and shall be replaced with like-kind soils and materials at no additional cost to the Village.

9. Regulatory Permitting All permits required by the Ohio EPA, necessary for the Contractor to comply with this agreement, shall be obtained by the Contractor. All other required State, Municipal, or Local Permits shall also be obtained by the Contractor. No bio-solids shall be disposed of on any site until the Contractor has satisfied all Ohio EPA disposal requirements. Work to be performed must comply with all ordinances of the Village and all State and Federal laws and necessary permits must be secured.

10. Disposal The Contractor shall assume all responsibilities for proper and lawful disposal and application of the lime sludge. The disposal sites and application rates for spreading the lime shall be by mutual agreement between the Contractor and the land owner. The Contractor shall provide the Village a copy of such signed agreement, which will stipulate that the Village is held harmless from any damages, which might occur as a result of the spreading or stockpiling of the lime sludge.

11. Price The Village shall pay the Contractor for completion of the Work in accordance with this Agreement subject to adjustment, under this Agreementfor all work, at the prices stated in the Contractor’s Bid. Any type of clean-up, monitoring, surveillance, or restoration costs incurred by the Village shall be deducted from the final payment and/or retainage fee at a rate of 1.5 times the cost incurred by the Village.

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12. Access to Site The Contractor shall maintain unimpeded access to the water treatment plant site and its facilities at all times. The Contractor shall promptly report to the water plant staff of any entry onto the Village’s property of any person(s) or vehicle not performing work for the Contractor.

13. Safety Compliance It shall be the sole responsibility of the Contractor to keep and maintain the work site in a safe and orderly manner. The Contractor shall, at their expense, provide for such safety equipment as is needed for compliance with the existing Occupational Safety and Health Act (OSHA). Penalties for violation of the safety act shall be the full responsibility of the contactor.

14. Workmanship/Workers The Contractor shall execute this Agreement in a neat, professional, safe and orderly manner. At no time shall the execution of this Agreement disrupt or interfere with the normal daily operation of the Water Treatment Plant. No situation will be allowed to exist which poses a hazard to, or interferes with water plant operations or personnel. No situations or conditions which exhibit a lack of quality/workmanship shall be permitted or allowed to exist. All project workmanship shall be subject to the inspection and approval of the Water Treatment Plant Superintendent, and all deficiencies or irregularities will be corrected immediately and as directed by the same. The Contractor shall keep at his/her work, during its progress, a competent supervisor and any necessary assistants, all satisfactory to the Village. The Supervisor shall represent the Contractor in his/her absence and all directions given to him/her shall be binding as if given to the Contractor. Both the lime sludge lagoon and the disposal site(s) shall be adequately supervised throughout the entire execution of the project. The Village shall not be responsible for the acts, omissions, or errors of the Supervisor, his/her Assistants, or the Contractor. All workmen must have sufficient skill and experience to properly perform the work assigned to them. The Village may require the Contractor to remove employees from the project who are not performing as quality, knowledgeable and competent workmen. Workers shall conduct themselves properly and in a courteous manner when dealing with members of the Water Treatment Plant’s staff and the public. All bidders must submit a list of all Subcontractors to be used on this project. The Village also reserves the right to reject any proposed Subcontractor found to be unsuitable during the execution of the project.

15. Hours of Operation All work shall be performed during daylight hours. The Water Treatment Plant’s hours of operation are Monday through Friday 7:00am to 3:00pm excluding Holidays and Village observed Holidays. Hours outside of this timeframe must be approved by the Superintendent of the Water Treatment Plant.

16. Record Keeping

The Contractor must keep and complete all records throughout this project. A complete legible copy of these records shall be delivered to the Village upon its request and approved before final payment is made. Copies of the weekly reports shall be given to the Water Plant Superintendent each work week throughout the project for review. The weekly reports must contain the following items: Name and Location of disposal site, date and time of each delivery and total gallons (by certified weight) of each delivery. Daily total tons of solids removed will be provided by testing at the Waste Water Treatment Plant (See Solids Determination).

17. Measure of Amount Removed The amount to be paid for under this Agreement shall be calculated by the amount of solids removed from the Village’s lime sludge lagoon in accordance with the specifications herein and calculated for payment as specified. The Contractor shall obtain one representative grab sample of no less than 100ml from each sludge load removed. Each grab sample will then be combined to form an overall composite sample which will then be analyzed daily for percent solids. All composite samples shall be measured for percent solids to calculate total solids removed on a daily basis.

18. Solids Determination The value for percent solids of each composite sample can be determined by the Village’s Wastewater Treatment lab at no cost to the Contractor.

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19. Payment & Retainage All partial pay requests shall be completed by submitting an invoice and a copy of all records including: Name, date, time, and certified weight (for total gallons) hauled to the site. The Village shall withhold as retainage 10% of each pay request. Following completion of this Agreement and final inspection, all retainage shall be returned to the Contractor only after the Village is satisfied that all restoration work is complete, and all waivers of liens are satisfied. All partial pay requests shall be signed by the Contractor. All pay requests shall be forwarded to: Village of Waverly Water and Sewer Department 211 W. North St. Waverly, OH 45690 Or emailed to: [email protected] The Village will not establish an escrow account for the purpose of accruing interest on retainage. Retainage returned to the Contractor will not include interest. All work covered by partial pay request shall become the sole property of the Village. This provision shall not be construed as relieving the Contractor of the responsibility for the care and protection of the work which payment has been made or the restoration or any damaged work, or as a waiver of the right of the Village to require fulfillment of all terms of this contact.

20. Claims Against Contractor The Contractor shall indemnify and save the Village or the Village’s agents harmless from all claims growing out of the lawful demands of sub-contractors, laborers, workmen mechanics, material suppliers, and furnishers of machinery and equipment and parts thereof for the performance of the work. The Contractor, at the Village’s request, shall furnish satisfactory evidence that all obligations of the nature designated above have been paid, discharged, or waived. If the Contractor fails to do so, the Village may, after notifying the Contractor, withhold the retainage deemed reasonably sufficient to pay any and all such claims until satisfactory evidence to the Village. In no event shall the provisions of this be construed to impose any obligations upon the Village to either the Contractor’s Surety of third party. In paying any unpaid bills of the Contractor, any payment so made by the Village shall be considered as a payment made under the Contract Documents by the Village to the Contractor, and the Village shall not be liable to the Contractor or any such payment made in good faith.

21. Weather Delays

Delays as a result of extraordinary weather shall be brought to the attention of the Village within seven (7) days of the occurrence. Agreement time extension shall only be considered if the Contractor can supply documentation from reliable sources, such as The National Weather Service, to show the occurrence should be considered extraordinary. Once begun, work shall progress on-site in a continuous fashion without unnecessary or unreasonable downtime or absences of the Contractor.

22. Right to Use Additional Sludge Removal Contractors The Village has the right to retain the services of additional lime sludge contractors to remove lime sludge from the Village’s site as deemed necessary by the Village.

23. Insurance The Contractor shall not commence work under this Agreement until he has obtained all the insurance required hereunder and such insurance has been approved by the Village, nor shall the Contractor allow any Subcontractor to commence work on his subcontract until all similar insurance required of the Subcontractor has been so obtained and approved. Approval of the insurance by the Village shall not relieve or decrease the liability of the Contractor hereunder. The Contractor shall file with the Village all Certificate(s) of Insurance as are necessary to document the insurance

coverage required hereunder, subject to the approval of the Village and receipt of any additional forms/documentation

requested, prior to final execution of the Agreement. Insurance requirements are as follows:

(a) Worker's Compensation: All contractors and subcontractors shall acquire and maintain, during the term of

the Agreement, Worker's Compensation insurance in full compliance with the laws of the state of Ohio.

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(b) Contractor's Liability Insurance: The Contractor shall acquire and maintain during the term of the

Agreement, Bodily Injury and Property Damage Liability Insurance under a standard Comprehensive

General/Automobile Liability Policy which shall provide and include coverage on all Contractor's Operations,

Contractor's Protective (Sublet) Liability, Contractual Liability, Completed Operations Liability, Owned

Automobiles and Non-owned and Hired Automobiles.

(c) Property Damage Liability Insurance shall be provided on any demolition, blasting, excavating, shoring or

similar operation on an "if any" basis. iii. Bodily Injury Liability limits shall be for an amount of no less than

Two Hundred Fifty Thousand ($250,000) Dollars for injuries, including wrongful death to any one person and

subject to the same limit for each person, in an amount of not less than Five Hundred Thousand ($500,000)

Dollars on the account of any one occurrence. Property Damage Liability insurance shall be in an amount of

not less than One Hundred Thousand ($100,000) per occurrence. General Liability shall be extended to

provide "Broad Form Property Damage Liability," and in an amount of not less than One Million ($1,000,000)

Dollars aggregate for damage on account of all occurrences. Any combination of underlying Comprehensive

General/Automobile Liability coverage with Umbrella/Excess Liability coverage which provides no less than

One Million ($1,000,000) Dollars Single Limit Bodily Injury and Property Damage Liability Insurance for the

Contractor will also be acceptable.

(d) Builder's Risk Insurance: Each Contractor shall maintain insurance to protect himself and the Village, jointly,

from loss incurred by fire, lightning, extended coverage hazards, vandalism, theft, explosion and malicious

mischief in the full amount of the Agreement and such insurance shall cover all labor and material

connected with the work, including materials delivered to the site, but not yet installed.

(e) Installation Floater Insurance: When a contractor is involved solely in the installation of materials and not in

the construction of a building, an Installation Floater is required in lieu of a Builder's Risk Policy with the

same general conditions applying as set forth this Section.

The Company agrees that thirty (30) days prior to cancellation or reduction of the insurance afforded by this policy with

respect to the Agreement involved, written notice shall be mailed to the Village.

The maintaining of such insurance as outlined herein shall in no way constitute a waiver of legal liability for damage to

any adjoining buildings or their contents or the work and property of others on the site beyond the limits of insurance

thus maintained. The Contractor shall hold the Village free and harmless from any injury and damage resulting from the

negligent or faulty performance of the Agreement by the Contractor or by his/her Subcontractors.

Prior to commencement of any work under Agreement, the Contractor shall furnish one (1) copy of Declaration of

Insurance as evidence of coverage.

24. Subcontracts The Contractor shall not sublet, sell, transfer or assign any portion of this Agreement without the written consent of the Village. The Contractor shall not award work to Subcontractor(s) without prior written approval of the Village. The Contractor shall be fully responsible to the Village for the acts and omissions of the subcontractor(s), and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. Bidders who proposed subcontracts must provide the following information to the Village for each subcontractor.

(a) The company name of each subcontractor, its address and scope of work to be performed. (b) Delinquent Personal Property Tax Affidavit, and Qualifications Statements.

A list of references that may be contacted regarding ability to perform projects of a similar nature. The Village reserves the right to review the information submitted and must approve in writing all subcontractors. All of the term of this Agreement shall be binding on all approved subcontractors and shall be incorporated into all agreements between the Contractor and subcontractor.

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25. “Or Equal” The Agreement, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or-equal" items. Application for such acceptance of “or equal” items will not be considered by the Village until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by the Village are set forth in the General Conditions. Whenever a material, article, or piece of equipment is identified on the drawings or specifications by reference to brand name or catalogue number, it shall be understood that this is referenced for the purpose of defining the performance or other salient requirements and that other products of equal capacities, quality and function shall be considered. The Contractor may recommend the substitution of a material, article, or piece of equipment of equal substance and function for those referred to in the Agreement Documents by reference to brand name or catalogue number, and if, in the opinion of the Village, such material, article, or piece of equipment is of equal substance and function to that specified, the Village may approve its substitution and use by the Contractor. Any cost differential shall be deductible from the Contract Price and the Contract Documents shall be appropriately modified by Change Order. The Contractor warrants that if substitutes are approved, no major changes in the function or general design of the Project will result. Incidental changes or extra component parts required to accommodate the substitute will be made by the Contractor without a change in the Contract Price or Contract Time.

26. Patents The Contractor shall pay all applicable royalties and license fees. It shall defend all suits or claims for infringement of any patent rights and save the Village harmless from loss on account thereof, except that the Village shall be responsible for any such loss when a particular process, design, or the product of a particular manufacturer or manufacturers is specified; however, if the Contractor has reason to believe that the design, process or product specified is an infringement of a patent, it shall be responsible for such loss unless it promptly gives such information to the Village.

27. The Plans, Specifications and Addenda All supplemental documents included in the bid packet and bid submission from the Successful Bidder shall form part of this Agreement and the provisions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. The table of contents, titles, headings, running headlines and marginal notes contained herein and in said documents is solely to facilitate reference to various provisions of the Contract Documents and in no way affect, limit or cast light on the interpretation of the provisions to which they refer.

28. Suspension of Work

Work may be suspended by the Village for failure to fully comply with these specifications, with no payment awarded to the Contractor during suspension. Equipment and/or conduct deemed unsuitable by the Village shall cease immediately upon written notification of suspension provided to Contractor by personal delivery or certified mail. Any remedial directives given by the Village shall be immediately implemented by the Contractor at no cost to the Village. The Village reserves the right without penalty or further liability to stop or alter the spent lime removal program at any time if the Village determines that the Contractor’s operations are inadequate, unacceptable, in violation of this Agreement or Ohio law, or if so ordered or directed by the Ohio EPA.

29. Termination After ten (10) days from delivery of a written notice to the Contractor via personal delivery or certified mail, the Village may, without cause and without prejudice to any other right or remedy, elect to terminate this Agreement. In such case, the Contractor shall be paid for all work executed and any expense sustained, unless such termination was due to the default of the Contractor.

30. Default In case of Contractor default, The Village shall provide written notice of the default, either hand delivered or by certified mail to the Contractor. If the Contractor does not cure the default within ten (10) days, the Village may terminate the agreement, procure the items from other sources and hold Contractor responsible for any excess costs occasioned thereby and any other damages permitted by law.

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31. Indemnification Contractor shall indemnify and hold the Village, its officers, elected officials, agents, consignees, employees, volunteers, and representatives harmless from and against all expenses, damages, claims, suits, or liabilities (including attorney's fees of the Village) of every kind whatsoever by reason of, arising out of, or in any way connected with, accidents, occurrences, injuries or losses to or any person or property which may occur before or after acceptance of the completed items by the Village upon or about in any way due to resulting from, in whole or in part, the preparation, manufacture, construction, completion, and/or delivery of the items, including such as are caused by your subcontractors and excluding only such as are caused by the sole negligence of the Village of Waverly other than where the Village of Waverly's negligence consists of its failure to discover a condition caused or permitted to exist by you or any subcontractor of yours.

32. Equal Opportunity Employment

Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, ancestry, national origin, place of birth, age, marital status, or handicap with respect to employment, upgrading promotion, or transfer, recruitment or recruitment advertising, lay-off determination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. It is expressly agreed and understood by you that Section 32 constitutes a material condition of this Agreement as fully as specifically rewritten herein, also that failure to comply therewith shall constitute a breach thereof entitling the Village to terminate the Agreement at its option.

33. Governing Law

This Agreement, the performance under it, and all suits and special proceedings under it, shall be construed in accordance with the laws of the State of Ohio. In any action, special proceeding or other proceeding that may be brought arising out of, in connection with, or by reason of this agreement, the laws of the State of Ohio shall be applicable and shall govern to the exclusion of the laws of any other forum, without regard to the jurisdiction in which the action or special proceeding may be instituted.

34. Additional Rights

Any rights or remedies granted to the Village of Waverly in any part of this Agreement shall not be exclusive of, but shall be in addition to, any other rights or remedies granted in another part of this purchase order and any other rights or remedies that the Village of Waverly may have at law or in equity in any such instance. Any litigation arising from disputes herein shall be instituted only in Pike County, Ohio.

35. Independent Contractors Not Employees The contractor, his assigns, heirs, successors, employees and any and all subcontractors are independent contractors and are not agents and/or employees of the Village of Waverly.

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IN WITNESS WHEREOF, Village and Contractor have signed this Agreement. This Agreement will be effective on _____________________________ (which is the Effective Date of the). VILLAGE: CONTRACTOR: Village of Waverly, Ohio By: By: Title: Title: Mayor

(If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.)

Attest: Attest: Title: Title: Address for giving notices: Address for giving notices: 211 W. North Street Waverly, Ohio 45690

License No.: (where applicable)

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LEGAL COUNSEL CERTIFICATE

I hereby certify that I have examined the CONTRACT DOCUMENTS between the VILLAGE OF WAVERLY, OHIO, Pike County, Ohio, and __________________________________________________________________________, (Contractor) and find same to be in accordance with the provisions of laws of the State of Ohio and hereby approve said CONTRACT DOCUMENTS as to form. Village of Waverly, Legal Counsel _________________________________________ Company name _________________________________________ Printed Attorney’s Name _________________________________________ Signature / Date

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Arial Map

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FORM OF BID

The undersigned Bidder _______________________________________________________ having carefully inspected the Public Notice and Instructions to Bidders, proposes to provide to the Village of Waverly for the Removal of Water Treatment Plant Lime Lagoon Residuals at the price indicated, and in accordance with these bid documents. The following Documents are attached to this Form of Bid:

-The full name of every person or company interested in the bid. -Bid Bond; Certified Check or other method prescribed in ORC 153.54: made payable to Village of Waverly.

-Delinquent Real Estate and Personal Property Tax Affidavit.

-Non-collusion Affidavit

-Statement of method of servicing contract.

Description Quantity Unit Unit Price/Dry Ton Total Bid Price

Lime Sludge Removal 1,000 Annually* Dry Tons

Signed at: ____________________________ Date: ____________________________ Bidder: ____________________________ By (Signature): ____________________________ Print Name: ____________________________ Official Mailing Address: ____________________________

____________________________ ____________________________

In submitting this Bid, Bidder represents that they have examined and carefully studied the Bidding Documents, other related data identified in the Bidding Documents, and the following Addenda, receipt of which is hereby acknowledged:

Addendum No. Addendum Date

_________________ _________________

_________________ _________________

* The above quantity is to be used as a basis of comparisons of bids. Actual quantities removed could vary marginally.

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NON-COLLUSION AFFIDAVIT OF PRIME BIDDER

STATE OF __________________________ SS:

COUNTY OF _________________________ ___________________________________, being first duly sworn, deposes and says that: 1) He is _____________________________________________ of ______________________________ (Village, Partner, Officer, Representative or Agent) (Company) the Bidder that has submitted the attached Bid: 2) He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid: 3) Such Bid is genuine and is not a collusive or sham Bid: 4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this Affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm, or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder or to fix any overhead, profit or cost element of the Bid price or Bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the Village of Waverly or any person interested in the proposed Contract: and 5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this Affiant. Signature:________________________________ Title:________________________________ Subscribed and sworn before me this __________ day of _____________________________, 201_____ Notary Public____________________________________________, Printed Name of Notary:__________________________________

My Commission expires: ___________________________________.

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PERSONAL PROPERTY & REAL ESTATE TAX AFFIDAVIT IN COMPLIANCE WITH SECTION 5719.042 OF THE OHIO REVISED CODE

STATE OF OHIO

SS: COUNTY OF ____________________ Personally appeared before me the undersigned, a bidder in a competitive bidding for _____________________________________________________________________________________ (Name of Firm) for a _______________________________ contract let by the VILLAGE OF WAVERLY, OHIO (Type of Product or Service) , who, being duly cautioned and sworn, makes the following statement with respect to the personal property taxes on the general tax list of personal property of PIKE County, Ohio: 1. That the undersigned at the time of making this bid on the aforementioned contract was not charged with any delinquent personal property taxes on the general tax list of personal property of Pike County. 2. That this statement is made in compliance with Section 5719.042 to be incorporated into the contract between the parties as provided in that Section of the Ohio Revised Code. Signature:________________________________ Title:________________________________ Subscribed and sworn before me this __________ day of _________________________________, 201_ Notary Public____________________________________________, Printed Name of Notary:____________________________________

My Commission expires ____________________________________.

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BID GUARANTY AND CONTRACT BOND

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, _____________________________________________________________________________________________ (Here insert full name or legal title of Contractor)

as Principal and _____________________________________________________________________________________________ (Here insert full name or legal title of Surety)

as Surety, are hereby held and firmly bound unto the Village of Waverly, Pike County, Ohio hereinafter called the Obligee, in the penal sum of the dollar amount of the bid submitted by the Principal to the Obligee on _____________________________ to undertake the project known as: (Date)

VILLAGE OF WAVERLY Lime Lagoon Sludge Removal and Cleaning

The penal sum referred to herein shall be the dollar amount of the Principal's Bid to the Obligee, incorporating any additive or deductive alternate proposals made by the Principal on the date referred to above to the Obligee, which are accepted by the Obligee. In no case shall the penal sum exceed the amount of: _____________________________________________________________ dollars ($ ). (If the above line is left blank, the penal sum will be the full amount of the Principal's Bid, including alternates. Alternatively, if completed, the amount stated must not be less than the full amount of Bid, including alternates, in dollars and cents. A percentage is not acceptable.)

For the payment of the penal sum well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that whereas the above named Principal has submitted a bond on the above referred to project; NOW, THEREFORE, if the Obligee accepts the bid of the Principal and the Principal fails to enter into a proper contract in accordance with the plans, details, specifications, contract documents, and bills of material; and in the even the Principal pays to the Obligee the difference not to exceed ten percent of the penalty hereto between the amount specified in the bid and such larger amount for which the Obligee may in good faith contract with the next lower bidder to perform the work covered by the bid; or in event the Obligee does not award the contract to the next lower bidder and resubmits the project for bidding, the Principal will pay the Obligee the difference, not to exceed ten percent of the penalty hereof between the amount specified in the bid, or the costs, in connection with the resubmission, of printing new contract documents, required advertising and printing and mailing notices to prospective bidders, whichever is less, then this obligation shall be null and void, otherwise to remain in full force and effect. If the Obligee accepts the bid of the Principal and the Principal, within ten days after the awarding of the contract, enters into a proper contract in accordance with the bid, plans, details, specifications, and bills of material, which said contract is made a part of this bond the same as though set forth herein; and if the said Principal shall well and faithfully perform each and every condition of such contract; and indemnify the Obligee against all damage suffered by failure to perform such contract according to the provisions thereof and in accordance with the plans, details, specifications, and bills of material therefore; and shall pay all lawful claims of subcontractors, material man, and laborers, for labor performed and materials furnished in the carrying forward, performing, or completing of said contract; we agreeing and assenting that this undertaking shall be for benefit of any material man or laborer having just claim, as well as for the Obligee herein; then this obligation shall be void; otherwise the same shall remain in full force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunto shall in no event exceed the penal amount of this obligation as herein stated. The said Surety hereby stipulates and agrees that no modifications, omissions, or additions, in or to the terms of said contract or in or to the plans and specifications therefore shall in any way affect the obligations of said Surety on this bond, and it does hereby waive notice of any such modifications, omissions or additions to the terms of the contract or to the work or to the specifications.

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SIGNED AND SEALED this ____________________day of_____________________________ , 201____. Principal:_________________________________________________ By:__________________________________________________ Title:___________________________________________________ Address:__________________________________________________

__________________________________________________

Surety:__________________________________________________ Witness:__________________________________________________ Attorney-in-Fact:__________________________________________________ Surety Company Address:__________________________________________________

__________________________________________________

Surety Agent's Name and Address:__________________________________________________

__________________________________________________

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BID GUARANTY - CHECK, LETTER OF CREDIT

When a Certified Check, Cashier's Check or Letter of Credit is deposited in lieu of a Bid Guaranty Bond, fill out the following: The undersigned "Bidder" does hereby deposit with the "Village" a (Certified Check/Cashier's Check/Letter of Credit) drawn on the _________________________________________________, whose address is ___________________________________________________________________, in the sum of _____________________________________________________________________________ ($___________________________________________) dollars which is not less than 10% of bid to guaranty that if the bid submitted is accepted, the Bidder shall execute and deliver to the Village a Contract and Performance Bond in accordance with the Bid Documents. Bidder:________________________________________ By:________________________________________ Title:________________________________________

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PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, _____________________________________________________________________________________________ (Here insert full name or legal title of Contractor)

as Principal and _____________________________________________________________________________________________ (Here insert full name or legal title of Surety)

as Surety, are hereby held and firmly bound unto the Village of Waverly, Pike County, Ohio hereinafter called the Obligee, in the penal sum of the dollar amount of the bid submitted by the Principal to the Obligee on _____________________________ to undertake the project known as: (Date)

VILLAGE OF WAVERLY Lime Lagoon Sludge Removal and Cleaning

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Contractor shall, promptly and faithfully Perform and CONTRACT, then this obligation shall be null and void, otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Village. Whenever Contractor shall be, and declared by the Village to be in default under the CONTRACT, the Village having performed the Village's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the CONTRACT in accordance with its terms and conditions, and 2. Shall save the Village harmless from any claims, judgments, or liens arising from the Surety's failure to either remedy the default or to complete the CONTRACT in accordance with its terms and conditions in a timely manner. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Village named herein or the successors of the Village. SIGNED AND SEALED this ____________________day of_____________________________ , 201____. Principal:_________________________________________________ By:__________________________________________________ Title:___________________________________________________ Address:__________________________________________________

__________________________________________________

Surety:__________________________________________________ Witness:__________________________________________________ Attorney-in-Fact:__________________________________________________ Surety Company Address:__________________________________________________

__________________________________________________

Surety Agent's Name and Address:__________________________________________________

__________________________________________________

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CORPORATE AFFIDAVIT (TO BE FILLED IN AND EXECUTED IF THE CONTRACTOR IS A CORPORATION)

STATE OF OHIO

SS: COUNTY OF ____________________ ________________________, being duly sworn, deposes and says that he or she is Secretary of _______________________________________________, a Corporation organized and existing under and by virtue of the laws of the State of __________________, and having its principal office located at: ________________________________________ _______________________________________ (Name and Street) (Name of County) ________________________________________ _______________________________________ (City) (State) Affiant further says that he is familiar with the records, minute books and by-laws of _____________________________________________________________________ (Name of Corporation) Affiant further says that ____________________________________, _______________________ of the (Name of Officer) (Title) corporation is authorized to sign the Contract for the _________________________________________ (Project Name) for said Corporation by virtue of _____________________________________________________________________________________ (State whether a provision of by-laws or a Resolution of the Board of Directors) _____________________________________________________________________________________ (If Resolution, give the date of Adoption) Signature:_____________________________________________________ Subscribed and sworn before me this __________ day of _________________________________, 201_ Notary Public____________________________________________, Printed Name of Notary:____________________________________

My Commission expires ____________________________________ Seal of Notary

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NOTICE TO PROCEED

This _________day of _____________________________, 201____ TO: ______________________________________________________________________________________ ______________________________________________________________________________________ ____________________________________________________________________________________ (CONTRACTOR) PROJECT: Village of Waverly, Ohio – Lime Lagoon Sludge Removal and Cleaning You are notified that the Contract Times under the above contract will commence to run on ____________________. By that date, you are to start performing your obligations under the Contract Documents. In accordance with the CONTRACT the date of:______________________. Substantial Completion is _____________________________________________ and the date of readiness for Final Payment is ____________________________. Before you may start any Work at the Site, the Standard General Conditions provide that you must deliver to the Village proof of insurance in accordance with the Contract Documents.

VILLAGE OF WAVERLY, OHIO

By:_______________________________________________________ Gregory A. Kempton, Mayor

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CERTIFICATE OF FINAL COMPLETION The _____________________________________________________________________________________ (Name of Company) hereinafter referred to as "Contractor" having heretofore entered into a contract with VILLAGE OF WAVERLY, OHIO dated ______________________________________ for the Project of: Lime Lagoon Sludge Removal and Cleaning VILLAGE OF WAVERLY, OHIO and in accordance with the terms of said contract do hereby guaranty that all labor, materials, and equipment furnished and work performed by the Contractor and/or his subcontractors under said contract, INCLUDING final site restoration, is in conformity with such plans and specifications and authorized alterations thereto and that such Improvement, Repair, and/or Construction installed pursuant to said contract is free from imperfect workmanship and materials, and the Contractor agrees to repair at the Contract's sole cost and expense all of the work covered under said contract and which may prove to be defective for a period of one (1) year from the date hereof. Furthermore, the Contractor agrees to repair at the Contractor's cost, any work which may be affected or disturbed in making the repairs herein contemplated. The Contractor does further warrant that he knows of no claim for or possible claim for damages or injuries relative to the above work, labor, and material as against himself, his laborers, and employees or his subcontractors, their laborers, and employees except: _________________________________________________________________________________________________. (if none, write none) It is understood and agreed that the VILLAGE OF WAVERLY, OHIO, shall be the sole judge of any imperfections, and the within repairs done under their supervision. IN WITNESS WHEREOF, the parties execute this Certificate of Substantial Completion in three (3) counterparts, each of which shall be deemed an original, in the year and day first above mentioned. CONTRACTOR:

(insert contractor name) By: _________________________________ , ________________________ (name – title) (date) (Secretary/Witness) Attest: VILLAGE OF WAVERLY, OHIO By: _________________________________, ________________________ Gregory A. Kempton, Mayor (date) (Secretary/Witness)

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EXPERIENCE QUESTIONAIRE

NOTE: This form must be completed for the bid proposal to be considered responsive. Failure to complete thisform may be cause for bid rejection. The Bidder is required to state in detail, in the space provided below, what work of a character similar to that included in the proposed contract he has done, to give reference and such other detailed information as will enable the Village to judge of his responsibility, experience, skill, and financial standing. Among other things, this statement shall include the following: evidence to the effect that the Bidder maintains a permanent place of business; has adequate construction facilities and equipment available for the work under the proposed contract; evidence to the effect that the bidder has a suitable financial status to meet obligations incidental to the work; evidence to the effect that the Bidder has appropriate technical experience and has in his employ a sufficient number of skilled and trained workmen to carry to completion, within the contract time, the work to be done under this contract. The undersigned guarantees the accuracy of all statements and answers provided herein. 1. How many years has your firm been in business as a General Contractor? ______________________ 2. List up to three (3) projects of this nature that you have completed and give the name address and telephone number of a reference from each. Also give the completed cost of each project listed. _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 3. List projects presently under construction and or under contract by your firm, dollar volume of the contract, and the percent of completion. _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 4. Have you ever failed to complete work awarded to your company? If so, state where and why.

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

5. Have you or your authorized representatives personally inspected the location of the proposed work and do you have a

clear understanding of the requirements of the plans, specifications, and other contract documents.

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

6. Do you plan to sublet any part of this work? If so, give details.

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

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7. What equipment do you own that is available for this work?

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

8. What equipment do you plan to rent or purchase for this work?

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

9. Have you ever performed similar work under the direction of a Consulting Engineer or Registered Architect? If so, list

up to three such firms giving the name of the firm, its address, telephone number and the name of the project. (List most

recent projects first)

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

10. Give the name, address and telephone number of an individual who represents each of the following and who the

Village may contact to investigate your financial responsibility: (ie a surety, bank, or major material supplier)

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

11. A financial statement may be requested by the VILLAGE as deemed necessary to further evaluate the Bid Proposal.

Respectfully Submitted:

____________________________________

Signature

____________________________________

Title

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LIST OF SUBCONTRACTORS

PROJECT: Lime Lagoon Sludge Removal and Cleaning List Subcontractors and others proposed to be employed on the above Project as required by the bidding documents. (To be filled out by the Contractor and returned to the Village).

Work Firm Address Phone Representative _____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________