CHAGRIN RIVER WATERSHED PARTNERS, INC. Erie Road Park Stormwater Retrofit Design

REQUEST FOR PROPOSALS September 28, 2017

SECTION A: SERVICES The Chagrin River Watershed Partners, Inc. (CRWP) is issuing this Request for Proposals (RFP) for a qualified engineering/consulting firm (Contractor) to provide professional engineering services to design and prepare plans, construction cost estimates and bid specifications to incorporate stormwater best management practices into the parking lot at Erie Road Park in the City of Eastlake, Ohio. This project is funded under the Cleveland Foundation’s Community Responsive grant program. This contract will include coordination with CRWP, the City of Eastlake, the City of Willoughby, Lake Metroparks, Lake Stormwater Management Department, the Lake County Ohio Port and Economic Development Authority (LCOPEDA), the Eastlake Port Authority (PAOE), and Northfield, an Oldcastle Company. The City of Willoughby is in the process of transferring the park property to the City of Eastlake, and both cities are in full support of the project. The total maximum cost/price for performance under this contract is $17,000. This maximum amount of $17,000 shall not be exceeded under any circumstances unless written authorization is obtained from CRWP. Candidates are strongly encouraged to provide discussion and comment on any tasks which may not be needed to complete the project, and to propose alternate and/or complimentary tasks to complete the project more economically.

SECTION B: DESCRIPTION/SPECIFICATIONS/SCOPE OF SERVICES

BACKGROUND CRWP is a 501(c)(3) non-profit technical organization founded by the cities, villages, townships, counties, and park districts of the Chagrin River watershed. We provide land use assistance to our 34-member communities and park districts as they attempt to grow and manage property while minimizing the impacts of development on the watershed and Lake Erie. We also work with watershed organizations and communities across the region through the Central Lake Erie Basin Collaborative, a network of organizations and volunteer-based initiatives that work cooperatively to preserve and restore Lake Erie’s watersheds in Northern Ohio. Our work includes implementation of the state endorsed Chagrin River Watershed Action Plan, including the Chagrin River Watershed Balanced Growth Plan and the Chagrin River TMDL, and providing assistance to local governments on best management practices to minimize new, and address current, flooding, erosion, and water quality problems. More information about CRWP can be found at www.crwp.org. In partnership with the City of Eastlake and others, CRWP has secured a $50,000 Community Responsive grant through the Cleveland Foundation for design and installation of a 2,000-square foot permeable pavement parking lot and a streamside planting enhancement (which may include dormant livestakes, tree, shrub plantings) on 0.1 acres around the canoe/kayak launch at Erie Road Park. LCOPEDA plans to install an Americans with Disabilities Act (ADA) accessible canoe and kayak launch at this site (including a dock and ramp system) as a matching contribution for this project. The Port will work with Metal Craft (http://metalcraftdocks.com/), which is an EZ Dock (http://www.ez-dock.com/) distributor. Metal Craft will either order and incorporate an EZ Dock or build their own. Additional match will also be contributed by Northfield (an Oldcastle

company) through the donation of pavers (a $3,720 value) with capability for machine installation. After installation of the permeable pavement and launch, canoe/kayak tours will be led by CRWP in the summer of 2018 to build awareness of the project and celebrate the beginning of park improvements. CRWP has already had success increasing awareness of the site as a paddling destination. For example, in July 2017, almost 100 people joined CRWP for a paddle on the Chagrin River during the Eastlake Canoe Tours. These tours were made possible through support from the City of Eastlake, PAOE, Lake County Stormwater Management Department, Ohio Department of Natural Resources Division of Boating and Watercraft, and Lake Metroparks. Paddlers of all abilities will be able to access Lake Erie, which can be reached via a 0.7-mile (or longer, if desired) route, making this an exciting recreational destination as well as a great educational opportunity. Paddlers will also be able to access Anchor Island near the mouth of the Chagrin River, which was acquired by the PAOE with an Ohio Department of Natural Resources (ODNR) Coastal Management Assistance Grant in 2009 and preserved as permanent open space in collaboration with Lake Metroparks. CRWP will also continue working with the City of Eastlake, PAOE and Lake Metroparks to preserve North Island and provide kayak and canoe access to this 23.5-acre island located at the mouth of the Chagrin River. This request for proposals is to prepare plans and bid specifications for permeable pavement and streamside plantings at Erie Road Park. The permeable pavement component must include an asphalt buffer and grading of adjacent areas as required to prevent clogging as well as an ADA accessible path linking it to the ADA accessible canoe/kayak launch to be installed by the LCOPEDA. The path should ideally be at least 12 feet wide to allow for two persons with wheel chairs to carry a canoe between them. Near the end of the path, The LCOPEDA will likely install a small concrete approach and anchoring pad for the kayak launch. The concrete will be more resistant to weathering than asphalt. A Park Conceptual Planning Project was funded by the Cleveland Foundation in 2012 to enhance Erie Road Park (http://crwp.org/index.php/projects/2013-03-27-01-59-24/port-authority-of-eastlake-park-planning). The design was completed by Mark Kline of MKSK, a landscape architecture firm. This will be the first project to implement Phase I elements of the Master Plan and begin the process of rejuvenating the site, making it an attractive destination for regional recreational enthusiasts. Details for the permeable pavement and streamside plantings are not provided in MKSK’s conceptual plan, but this project will help implement goals for the park including increasing public access, improving aesthetics, and preventing streamside erosion. To gain additional feedback on the conceptual park plan, a public meeting was held on May 15, 2017 and discussions about how the park should be improved are on-going. Conversations and planning have already begun for several additional components of the park plan including boat ramp improvements, boat storage, a natural playground and restoration of eroding streambanks. PROJECT BUDGET

Cleveland Foundation Grant Funds ($) Match Funds ($) Design of permeable pavement and streamside plantings

17,000

Americans with Disabilities Act (ADA) compliant canoe/kayak dock and ramp system provided 20,000

by Lake County Port and Economic Development Authority

Construction of approximately 2000 square foot permeable pavement parking area

22,000

Pavers for permeable pavement installation provided by Northfield (an Oldcastle Company) 3,720

Streamside planting enhancement around canoe/kayak launch (dormant live stakes, tree, shrub plantings), 0.1 acres

3,000

In-kind volunteer planting ($22.06 per hour value according to https://www.independentsector.org/volunteer_time), estimated 3-hour planting with 15 volunteers 993

Project management by CRWP including RFP development, contracting design and construction, education and outreach, inspection and maintenance training, and volunteer coordination 8,000

Total requested grant funds $50,000.00 Total matching funds $24,712.70 SITE SUMMARY This public property is at the confluence of the Chagrin River and Corporation Creek (Exhibit A, B). Aerial imagery is available for download on the Lake County website: http://www.lakegis.org/GISHome/GISDataDownload.aspx. The property is tentatively named Erie Road Park. East of Erie Road and south of Admiral Drive, Erie Road Park is the only public access point designated for boating in the City of Eastlake. Erie Road Park is currently owned by the City of Willoughby and leased by the PAOE for management of the park. The PAOE is required to maintain the premises, including facility repairs, routine upkeep, snow removal, mowing, maintenance of the ingress/egress from Erie Road to the boat launch, trash removal, and removal of debris or hazardous items. The City of Willoughby is in the process of completing a lot split to transfer a portion of the parcel to the City of Eastlake (Exhibit C). The City of Eastlake and PAOE will maintain future operation and maintenance of Erie Road Park and any future developments at the Park. The entrance to the park is on the east side of Erie Road. There is a gravel drive leading to a parking area and building (Exhibit D) on the west side of Corporation Creek used by the Chagrin River Kayak and Paddleboard Rental and Repair and the Chagrin River Salmon Association. There is a launch area for canoes and kayaks to the east of the building (approximate coordinates: 41.669404, -81.432450). LCOPEDA plans to install an ADA accessible canoe/kayak launch at this location. There is a bridge crossing Corporation Creek (approximate coordinates: 41.668954, -81.432715) that leads to a second parking area for a separate boat access point. The boat launch is at the confluence of Corporation Creek and the Chagrin River, downstream of the canoe and kayak launch.

The soil at this site is classified by the USDA’s Web Soil Survey as Tioga loam. The Soil Survey of Lake County describes Tioga loam as deep, nearly level, well-drained soil on floodplains and is subject to flooding. The Soil Survey notes that a seasonal high-water table is in the substratum below a depth of approximately 3 feet, which is typically controlled by the water level in adjacent streams. Permeability is moderate in the subsoil and moderately rapid or rapid in the substratum. Runoff is slow. The entire parking lot area adjacent to Corporation Creek is located in the FEMA designated 1% annual chance flood hazard zone (Exhibit E). The design of the permeable pavement project should consider flow dynamics on Corporation Creek/Chagrin River, including possible ice jam formation. The Rainwater and Land Development guide (Ohio’s Standards for Stormwater Management – Land Development and Urban Stream Protection, Third Edition 2006) should be consulted for this project. The manual is available on Ohio EPA’s website: http://epa.ohio.gov/Portals/35/storm/technical_assistance/RLD_11-6-14All.pdf A photo of the project area is shown in Exhibit F. Contractors are encouraged to take additional photos of the site to guide design work. Potential siting locations for the permeable pavement, streamside plantings, and path linking to the canoe/kayak launch have been considered with input from project partners (Exhibit G). The dimensions of the ADA launch are available (Exhibit H) and may impact siting. The designer should suggest alternatives if there are conflicts or better alternatives. For example, there may be better alternatives based on factors such as soil suitability, accessibility, and location of utilities. Considerations for siting should include the following: I. Permeable pavement

• ADA accessibility The parking lot should meet ADA standards and improve access to the ADA canoe/kayak launch to be installed by the LCOPEDA. The grant proposal calls for an accessible, paved route (path) from the parking lot to the route to enhance safety for all users. The parking stall spaces should be able to accommodate vehicles with trailers and unloading room. An ADA guideline fact sheet suggests an 11-foot space for a van and 8 feet for cars: (http://adata.org/factsheet/parking) but the contractor is responsible for ensuring standards are met. Clogging potential Sediment sources may include floodwaters from Corporation Creek and the Chagrin River as well as the gravel drive. Design should seek to limit clogging potential. For example, the site could be graded so the gravel drive is lower (or at least the same grade as) the permeable pavement, possibly with a strip of asphalt between them (perhaps 12 feet). Ideally, the permeable pavement will not receive run-on from the surrounding parking lot area and treat only direct rainfall. The paved asphalt component could be sloped slightly to direct water away from the permeable pavement. Future development plans for the rest of the gravel parking lot include either asphalt or additional permeable pavement.

• The design should include a concrete curb around the full perimeter of the paver installation to prevent lateral movement and migration of fines into the permeable

pavement subbase (ODNR Rainwater and Land Development). The design shall consider use of curb cuts and/or flush curbing with rock or gravel outlet protection to allow any stormwater runoff bypassed from the pavers to flow into planted areas.

• Maintenance access A vacuum truck must be able to reach the site to maintain the permeable pavement. II. Streamside plantings

• Objectives include: improving aesthetics, soaking up additional stormwater, filtering out pollutants, providing wildlife habitat.

• A suggested plant species list, type of plant stock and quantities should be included. Native plants should be chosen that are suitable for streamside floodplain habitat, require minimal maintenance, and improve aesthetics. For example, the designer may consider a colorful rain-garden planting concept including a few showy species including perennials like Rudbeckia, purple coneflower (Echinacea purpurea), obedient plant (Physiostegia virginiana), or Monarda) that spread well and will keep out weeds. The planting design could also consider a planting plan that emphasizes use of native trees and shrubs such as witch hazel (Hamamelis virginiana) and spicebush (Lindera benzoin). The number of species should be kept to a reasonably small list to simplify maintenance and control of weeds and encroachment of invasive plants. Contractors should also consider species that may be resistant to deer browse.

• The planting plan should specify type and quantity of mulch required for installation and maintenance, if applicable.

• The planting design and siting should consider potential competition from invasive species including the common reed (Phragmites australis) and seek to maximize survivability of species added through this project.

• Some site preparation may be needed prior to planting such as treating and removing invasive species and clearing the area for planting. Recommendations on these actions should be included. Any permitting requirements should also be included.

• The planting plan should include specifications for short and long-term maintenance such as watering requirements and weed/invasive species prevention and management, including maintenance activities during the period of establishment, one-year warranty period and over the long-term.

• Plants will be installed by youth volunteers from Support for You (http://www.supportforyoudd.com/about-us/) and the Eastlake Police Activities League (http://www.eastlakepal.com/).

CRWP plans to provide maintenance training and materials to the on-site vendors (Salmon Association and Chagrin River Kayak and Paddleboard Rental and Repair). For the permeable pavement, vendors will be expected to conduct routine (at least once a month) inspection and maintenance such as blowing off leaf debris and other materials. The City of Eastlake will use Lake County Stormwater Management Department’s vacuum truck approximately 1-2 times per year or as needed. Maintenance for the streamside plantings may include watering as necessary (especially during the first two years and during dry spells), trimming and pruning, weeding, removing any trash or debris, periodic mulching (evert 2 to 3 years or so), erosion inspection, and other routine activities.

SECTION C: CONTRACTOR SCOPE OF SERVICES Through this Request for Proposals, CRWP will select a contractor to develop fully engineered designs, construction cost estimates and specifications, and assist with development of construction bid documents for permeable pavement and streamside plantings at Erie Road Park in accordance with the goals of the Cleveland Foundation grant proposal and in cooperation with the City of Eastlake and other project partners. A summary of the contractor scope of services and proposed schedule are as follows: CONTRACTOR SCOPE OF SERVICES

1. Provide 30%, 60%, 90% and final plans, construction cost estimates and bid specifications for permeable pavement parking area and streamside plantings that meet or exceed the goals identified in the Cleveland Foundation grant to CRWP. Plans should include drainage area, recurrence interval storm event treated by the permeable pavement, estimated stormwater volume and pollutant load reduction. Revise plans based on comments from CRWP, City of Eastlake, City of Willoughby, PAOE, Lake County Stormwater Management Department, Lake County Port and Economic Development Authority and regulatory agencies.

2. Attend in-person project kickoff and 30% plan review meetings with project partners and 60%, 90% and final plan review meetings via conference call.

3. Provide and execute a Stormwater Pollution Prevention Plan (SWP3) for the project in accordance with the Ohio EPA construction general permit and City of Eastlake Erosion and Sediment Control Regulations.

4. Provide construction administration services to assist CRWP with development of construction bid manual, management of the bid process, legal notice, addenda and pre-bid meeting. Review bids and provide recommendation for bidder to receive award for project construction. Attend pre-construction meeting. Assist CRWP with inspection of contractor’s work and make recommendations regarding project approval and acceptance. Review and recommend approval of pay applications.

5. All materials, reports, surveys, delineations, plans, etc. will be available to CRWP to use for educational materials and signage, grant documentation and reporting, and permitting.

PROJECT DELIVERABLES • Attend two (2) in-person design meetings and up to three (3) conference calls with project

partners. • Four (4) sets of final reproducible plans and bid specifications. • One (1) set of electronic drawing files in AutoCAD format. • One (1) set of electronic bid specifications in Microsoft Word format. • Attend one (1) public meeting. SCHEDULE October 9, 2017 1:00 PM: Mandatory pre-bid site visit at Erie Road Park at 1:00 pm Eastern Standard Time. Please contact Alicia Beattie at (440) 975-3870 if you plan to attend. If you cannot attend this meeting due to scheduling conflicts, please contact CRWP to discuss as it may be possible to set up an additional site visit. October 27, 2017: Proposals must be received at CRWP by 4:00 pm Eastern Standard Time. November 3, 2017: Anticipated date for CRWP to award contract. CRWP will work with Contractor to coordinate dates for kick off and design review meetings with project partners.

Week of November 13, 2017: In-person kickoff meeting after contract execution. December 6, 2017: Complete 30% design and in-person review meeting. December 20, 2017: – Complete 60% design. Review may be via email correspondence or a conference call. January 5, 2018: Complete 90% design and review and submit applicable permits to Ohio EPA and City of Eastlake. Review may be via email correspondence or a conference call. January 19, 2018: Final design drawings, acquire permits from Ohio EPA and City of Eastlake, and prepare bid package. January 25, 2018: Complete permit approval process and work with CRWP and project partners to advertise bids. January–June 2018: Provide construction administration and inspection services to ensure project is constructed per plan. SECTION D: CONTRACT AGREEMENT REQUIREMENTS

1. STATE, FEDERAL, AND CLEVELAND FOUNDATION GRANT REQUIREMENTS In the performance of the duties and obligations under the Cleveland Foundation grant award agreement, contractor and any authorized sub-contractors shall comply with all applicable:

a. All terms and conditions of Cleveland Foundation grant to Chagrin River Watershed Partners, Inc. (CRWP) Grant ID 259747 Eastlake Chagrin River and Lake Erie Public Access and Restoration Project (Exhibit I).

b. Ohio Governor Executive Orders; and c. Federal, state and local laws, regulations (rules), assurances, orders, and Ohio

Department of Commerce Prevailing Wage Guidelines, regarding prevailing wages, deductions, worker compensation, taxes, social security and unemployment, compensation, and any contributions thereto. As required by Chapter 4115 of the Ohio Revised Code, where applicable, the Contractor shall require that all sub-contractors pay the prevailing wage rate of the locality, as determined by the Ohio Department of Commerce, on all work performed on this project. The Contractor shall comply with all other applicable provisions of Chapter 4115 of the Ohio Revised Code including making the required reports to the Prevailing Wage Coordinator; and

d. Federal state, and local laws and regulations (rules, ordinances), assurances, and orders, whether or not specifically referenced herein.

2. LIABILITY

The Contractor agrees to indemnify and to hold Chagrin River Watershed Partners, Inc., the City of Eastlake, the City of Willoughby, Lake Metroparks, Lake Stormwater Management Department, the Lake County Ohio Port and Economic Development Authority (LCOPEDA), the PAOE, Northfield, an Oldcastle Company., and the City of Willoughby harmless and immune from any and all claims for injury or damages arising from this Agreement which are attributable to Contractor’s own actions or omissions or those of its trustees, officers, agents, employees, subcontractors, suppliers, third parties utilized by Contractor, or joint venturers while acting under this Agreement. In no event shall either party be liable to the other party for indirect, consequential, incidental, special, or punitive damages, or lost profits.

3. INSURANCE

Contractor waives all rights against CRWP, the City of Eastlake, the City of Willoughby, Lake Metroparks, Lake Stormwater Management Department, the Lake County Ohio Port and Economic Development Authority (LCOPEDA), the Eastlake Port Authority (PAOE), and Northfield, an Old Castle Company, for recovery of damages to the extent these damages are covered by the insurance policies Contractor is required to maintain. Contractor is required to pay for and provide the following minimum coverage:

c. Throughout the contract period, the Contractor shall carry Workers' Compensation Insurance, as required by the Ohio Workers' Compensation Act, upon all its employees engaged in this work and shall be responsible to see that any sub-contractors carry such insurance on their employees. The Contractor shall also provide public liability and property damage insurance for the entire period, thus insuring the interests of all parties against any and all claims that may arise out of Contractor operations under the terms of this contract. It is agreed that in the event any carrier of such insurance exercises cancellation, notice will be made immediately to CRWP of such cancellation.

d. Proof of liability insurance with minimum coverage limit of $1,000,000 per occurrence. The contractor must provide a certificate of insurance coverage to CRWP and all Indemnitees. The required Certificate of Insurance shall show that CRWP and all Indemnitees, including without limitation, Chagrin River Watershed Partners, the City of Eastlake, the City of Willoughby, Lake Metroparks, Lake Stormwater Management Department, the Lake County Ohio Port and Economic Development Authority (LCOPEDA), the Eastlake Port Authority (PAOE), and Northfield (An Oldcastle Company) have been added to the policies as additional insureds.

e. If a motor vehicle is used to provide services or products, the Contractor must have vehicle liability insurance on any auto owned, hired, and non-owned vehicle used for bodily injury and property damage as required by law.

f. Employers liability insurance with the following minimum limits: i. $100,000 each accident

ii. $100,000 each employee by disease iii. $500,000 aggregate disease

g. All insurance shall be endorsed so that it cannot be canceled in less than thirty (30) days without advance written notice to CRWP and all Indemnitees.

h. A copy of the Contractor's Workers' Compensation Certificate shall be submitted to CRWP and all Indemnitees.

4. TRANSFER OF RECORDS

a. Data shall be collected and formatted in a manner consistent with common good engineering practices. All records (original tracings, maps, field sketches, lab reports, flow data, graphics originals, design calculations, electronic files including model input and output files, etc.) generated by the project shall be the property of CRWP and shall be turned over to CRWP upon completion or as directed.

b. During the term of this Agreement and until three (3) years after June 30, 2019 or as

extended pursuant to Contractor shall provide to CRWP, the Cleveland Foundation, State of

Ohio and federal authorities, their duly authorized representatives or any person, agency or

instrumentality providing financial support to the work undertaken hereunder, with access to

and the right to examine and copy, or if requested, shall submit to aforementioned entities

within two (2) weeks following such written request, any books, documents, papers and

records of Contractor involving transactions or other activities related to this Agreement.

5. SUB-CONTRACTING Contractor shall not subcontract nor shall any subcontractors commence performance of any part

of the work or services included in the Agreement without previous written consent of CRWP.

Subcontracting shall not relieve Contractor of any of its obligations under this Agreement.

Contractor shall be and remain responsible to CRWP for the acts or faults of any such

subcontractors and of such subcontractor’s officers, agent and employees. In addition,

Contractor is responsible for ensuring that each of its subcontractors complies with the terms of

this agreement. The Contractor, if subcontracting work, shall take all necessary affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible. Affirmative steps shall include:

a. Placing qualified small and minority businesses and women's business enterprises on solicitation lists and soliciting them whenever they are potential sources;

b. Make information on forthcoming opportunities available to small and minority businesses and women's businesses and arrange timeframes for contracts and establishing delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by disadvantaged business enterprises in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date.

c. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;

d. Encourage contracting with a consortium of disadvantaged business enterprises when a contract is too large for one of these firms to handle individually;

e. Using the services and assistance of the Small Business Administration, and the Minority Business Development Agency of the Department of Commerce;

f. The Contractor must also abide by the following requirements: i. The Contractor must pay any subcontractors within 30 days of receiving

payment from CRWP. ii. The Contractor must notify CRWP in writing prior to any termination of a

disadvantaged business enterprise (DBE) subcontractor for convenience of the Contractor.

iii. If a DBE subcontractor fails to complete the work for any reason, the Contractor must follow requirements a-e above if soliciting a replacement subcontractor.

6. PUBLIC ACKNOWLEDGEMENT

The Cleveland Foundation will be credited in any press releases, presentations, media coverage, or announcements resulting from the use of the grant funds. Public statements about the Foundation or its grantmaking should be cleared in advance by the appropriate Foundation program officer. Contractor agrees to notify CRWP of any upcoming publicity or media coverage related to the grant. Contractor also agrees to cooperate with the Foundation's efforts to highlight the programs it funds in the Foundation's own publications and publicity materials. This may include: setting up interviews or photo

sessions with Grantee organization's staff, board, or clients; providing the Foundation with available photographs, slides, or graphics, with signed releases where required; or providing access to background material related to the funded project.

7. DRUG FREE WORKPLACE

The Contractor agrees to comply with all applicable federal, state and local laws regarding smoke-free and drug-free work places and shall make a good faith effort to ensure that none of its employees or permitted subcontractors engaged in the work being performed hereunder purchase, transfer, use, or possess illegal drugs or alcohol, or abuse prescription drugs in any way.

8. NONDISCRIMINATION

The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, ancestry, age, sex, handicap, or disability. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, national origin, ancestry, age, sex, handicap, or disability. Such action shall include, but is not limited to, the following: employment, upgrading, demotion, or transfer, recruitment, or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices as may be provided by the State of Ohio setting forth the provisions of this non-discrimination clause. The Contractor agrees that the hiring of employees for the performance of work under this Agreement shall be done in accordance with Sections 125.111, 153.59, and 153.591 of the Ohio Revised Code.

9. EQUAL EMPLOYMENT OPPORTUNITY

The Contractor agrees that it will fully cooperate with the State Equal Employment Opportunity Coordinator, with any other official or agency of the State or Federal Government which seeks to eliminate unlawful employment discrimination, and with all other State and Federal efforts to assure equal employment practices, and said Contractor shall comply promptly with all requests and directions from the state of Ohio or any of its officials and agencies in this regard, both before and during performance. All bidding and contract documents shall contain necessary requirements to implement these provisions.

10. NON-COMPLIANCE

In the event of the Contractor’s non-compliance with the non-discrimination clauses of this contract, this contract may be canceled, terminated, or suspended in whole or in part.

11. INDEPENDENT CAPACITY OF CONTRACTOR

The Contractor, and any agents and employees of the Contractor, in the performance of this agreement, shall act in an independent capacity and not as officers, employees, or agents of CRWP. Nothing in this Agreement shall be construed so as to create a partnership, joint venture, or other relationship between the parties. Contractor accepts full and exclusive

liability for its employees for the payment of any and all contributions or taxes, unemployment

benefits, pensions and annuities now or hereafter imposed under any state or federal laws which

are measured by wages, salaries or other remuneration paid for work performed under the terms

of this Agreement and further agrees to obey all lawful rules and regulations and to meet all

lawful requirements which are now or hereafter may be issued or promulgated under said laws

by any authorized state or federal officials.

12. CONFLICTS OF INTEREST AND ETHICS COMPLIANCE The Contractor shall, prior to the completion of said work, voluntarily acquire any personal interest, direct or indirect, which is incompatible or in conflict with the discharge and fulfillment of his or her functions and responsibilities with respect to the carrying out of said work. The Contractor represents, warrants, and certifies that it and its employees engaged in the administration or performance of this Agreement are knowledgeable of and understand the Ohio Ethics and Conflicts of Interest laws and Executive Order No. 2007-01S. The Contractor further represents, warrants, and certifies that neither Contractor nor any of its employees will do any act that is inconsistent with such laws and Executive Order.

13. VIOLATING FACILITIES.

Contractor shall comply with all applicable standards, orders or requirements of the Clean Air

Act, (42 U.S.C. 7401 et seq.), and the Federal Water Pollution Control Act as amended (33

U.S.C. 1251 et seq.).

14. CAMPAIGN CONTRIBUTIONS The Contractor hereby certifies that all applicable parties listed in ORC 3517.13(I)(3) or (J)(3) are in full compliance with ORC 3517.13(I)(1) and (J)(1).

15. OHIO ELECTIONS LAW

The Contractor shall, as applicable to this project, ensure that all sub-contractors comply with the provisions of the Ohio Elections Law, Section 3517.13 of the Ohio Revised Code.

16. TERMINATION.

CRWP may terminate this Agreement with or without cause upon thirty (30) days written notice.

In the event of the termination without cause, CRWP agrees to pay Contractor for work

executed, and costs incurred by reason of such termination. Either party may terminate this

Agreement for material breach, provided, however, that the terminating party has given the other

party at least twenty-one (21) days written notice of the opportunity to cure the breach.

Termination for breach will not alter or affect the terminating party’s right to exercise any other

remedy for breach.

17. SEVERABILITY.

If any provision of this agreement or any application thereof shall be invalid or unenforceable,

the remainder of the agreement and any other application of such provision shall not be affected

thereby.

18. GOVERNING LAW.

This agreement shall be interpreted according to the laws of the State of Ohio, regardless of its

place of execution. Any actions, suits, or claims that may arise pursuant to this agreement shall

be brought in a court of competent jurisdiction in Lake County, Ohio.

SECTION E: INSTRUCTION TO OFFERERS PROPOSAL FORMAT In responding to this RFP, please submit a proposal addressing the following items: 1. Description of Professional Engineer/Contractor Understanding of the Project 2. Description of Services to be Performed 3. Assumptions and Expectations 4. Cost Proposal. Please provide a cost proposal including total hours available, hours per staff,

and direct labor by labor category; overhead and other direct costs; and profit. 5. Personal Experience and Resumes of Personnel. A Professional Engineer must be on the

project team. 6. Proposal shall include proof of worker’s compensation and proof of liability insurance with a

$1,000,000 minimum. 7. Three (3) References, at least one for which the Contractor has designed a green infrastructure

project. SELECTION AND AWARD PROCESS The selection process will involve screening of submitted proposals and interviews. CRWP will select a contractor on the basis of contractor qualifications (e.g. experience with previous green infrastructure projects), understanding of the scope of services, and level of services to be provided. Any contract awarded under this invitation will be financed through the Cleveland Foundation grant program. In response to this RFP, please submit (3) hard copies and (1) digital copy (USB jump drive or digital download from Dropbox or other similar application preferred) of a proposal. Submissions must be received no later than 4:00 pm Eastern Standard Time on October 27, 2017. Proposals received after this date will not be accepted. CRWP expects to award the contract by/on November 3, 2017; however CRWP reserves the right to not award a contract under this proposal. Work will commence after successful execution of a contract for services between the contractor and CRWP. Please direct responses to this RFP as well as questions to: Alicia Beattie, Project Manager Chagrin River Watershed Partners, Inc. PO Box 229 Willoughby, Ohio 44096-0229 (440) 975-3870 abeattie@crwp.org Answers to all contractor inquiries received in regard to this RFP will be emailed to contractors that have attended a mandatory pre-bid site visit meeting.

EXHIBITS A MAP DEPICTING GENERAL LOCATION OF ERIE ROAD PARK PROJECT B MAP DEPICTING GENERAL LOCATIONS FOR PERMEABLE PAVEMENT AND STREAMSIDE

PLANTINGS C PROJECT AREA LOT SPLIT STATUS D SALMON ASSOCIATION / CANOE AND KAYAK RENTAL BUILDING FOOTPRINT (SOURCE:

LAKE COUNTY, OH PROPERTY REPORT CARD) E FEMA FLOODPLAIN BOUNDARIES F SITE PHOTO TAKEN AUGUST 9, 2017 (FACING NORTH) G DRAFT CONCEPTUAL PLAN FOR ERIE ROAD PARK PROJECT H EASTLAKE KAYAK AND CANOE RAMP AND DOCK DIMENSIONS I CLEVELAND FOUNDATION GRANT TERMS AND CONDITIONS

EXHIBIT A: MAP DEPICTING GENERAL LOCATION OF ERIE ROAD PARK PROJECT

EXHIBIT B: MAP DEPICTING GENERAL LOCATIONS FOR PERMEABLE PAVEMENT AND STREAMSIDE PLANTINGS

EXHIBIT C: ERIE ROAD PARK LOT SPLIT STATUS

EXHIBIT D: SALMON ASSOCIATION / CANOE AND KAYAK RENTAL BUILDING FOOTPRINT

(SOURCE: LAKE COUNTY, OH PROPERTY REPORT CARD)

EXHIBIT E: FEMA FLOODPLAIN BOUNDARIES

EXHIBIT F: SITE PHOTO TAKEN AUGUST 9, 2017 (FACING NORTH)

EXHIBIT G: DRAFT CONCEPTUAL PLAN FOR ERIE ROAD PARK PROJECT

EXHIBIT H: EASTLAKE KAYAK AND CANOE RAMP AND DOCK DIMENSIONS

EXHIBT I: CLEVELAND FOUNDATION GRANT TERMS AND CONDITIONS

June 30, 2017

CLE~LAND cfiundation

Ms. Heather L. Elmer Executive Director Chagrin River Watershed Partners, Inc . P.O. Box 229 Willoughby, OH 44096-0229

Dear Ms. Elmer:

We are pleased to inform you that the Board of Directors of the Cleveland Foundation has authorized a grant to Chagrin River Watershed Partners, Inc. By accepting the grant funds, you agree to accept the grant as detailed below and understand and agree to the enclosed Terms and Conditions of Grant.

Requests to modify this grant must be approved in advance by the Foundation (Grantee toolkit/Grant Modification

Form). Any funds not expended for the purpose agreed to, must be returned to the Foundation.

GRA TID:

GRANT PURPOSE:

ANTICIPATED OUTCOMES: (You will be required to report on these anticipated outcomes when completinf( your IV<IIl t report(s)

AMOUNT:

GRANT PER IOD:

PAYMENT/S (ON OR ABOUT):

REPORTING REQUIREMENT/S:

PROGRAM 0FFICER/DfRECTOR:

259747

Eastlake Chagrin River and Lake Erie Public Access and Restorat ion Project

- Design and construction of permeable pavers parking lot and pathway - Develop opportuniti es to engage adjacent Eastlake residents and youth in

programming and recreati onal opportun iti es. -Ensure public access of the site is maintained in perpetuity.

$50,000.00

07/0 I /20 17 - 06/30/20 19

07/31/2017 01/31/2018 07/31/2018 01131/2019

$ $ $ $

12,500.00 12,500.00 12,500.00 12,500.00

Funding Source: The Virginia Jones Fund (64075)

07/0 1/2018 07/31/2019

Interim Report Final Report

Online reponing for this grant is accessible through your Grants Gateway Homepage

Stephen Love

We wish you every success in the accomplishment of your goals.

Senior Vice President

Enclosure

1'122 r.uclid Avenue, Suite L\00 Cleveland, Ohio 4411 '5 phone 216 861 3810 www.clcvelandfoundation.org

CLEV~LAND c.fiundation

1-122 EUCLID A VENUE, SUITE 1300 CLEVELAND, OHIO .J.J 115-2001 PHONE: (2 16) 861-3810 FAX: (216) 861-1 729

\VW11'. c!eve!andfoundation. org

TERMS AND CONDITIONS OF GRANT

I. ACCEPTANCE OF GRANT

The grant to your organization ("'the Grantee") from the Cleveland Foundation ("the Foundation" ) is subject to the Terms and Conditions of Grant. Grantee confirms that it is organized in or under the laws of the United States, or any state of the United States and is recognized by the Internal Revenue Service as an organization described in Internal Revenue Code§ 50l(c)(3).

2. NONDISCRIMINATION

Grantee agrees that it will not unlawfully discriminate in its employment practices, volunteer opportunities, or the delivery of programs or services, on the basis of race, religion, gender, national origin, age, medical condition, handicap, veteran status, marital status, or sexual orientation.

3. EXPENDITURES OF GRANT FUNDS

This grant is for the explicit purpose(s) stated in the award notification. Grant funds may be spent only in accordance with the Terms and Conditions of Grant and Grantee's funding request and budget (if applicable) as approved by the Foundation. Any modifications require compliance with paragraph 6 (be low). No funds provided by the Foundation may be used by Grantee to participate in or intervene in any political campaign. No portion of the grant funds may be used for purposes not clearly identified as charitable under the law. Without limiting the generality of the foregoing prohibitions, no portion of the grant funds may be used directly or indirectly to support or promote terro rism or violent acts. Expenses charged against thi s grant may not be incurred prior to the date on which the grant period begins or subsequent to its termination date.

4. RELEASE OF GRANT FUNDS

Grant funds will be disbursed to Grantee according to the payment schedule in the award notification and the satisfactory compliance with special conditions, if any, as described . The special conditions may make the release of funds conditional upon certain requirements. In such cases, Grantee must submit adequate evidence of compliance with the conditions before the funds are released. If Grantee has any questions about the special conditions, Grantee should contact the program officer responsible for the grant.

5. RECORDKEEP ING; REPORTS TO H IE FOUN DAT ION

Grantee shall maintain adequate supporting records consistent with generally accepted accounting practices for a period of seven (7) years foll owing the end of the year during which the grant funds are exhausted. Staff may examine Grantee 's financial record keeping and accounting procedures at any time. In compliance with the schedule set forth in the award notification, Grantee will furnish periodic narrative reviews of programmatic activity and financial detail of how grant funds have been expended. Staff may contact Grantee to arrange site visits to review current grant activities. Final reports should include a review of performance and activities over the enti re grant period and include a financial reporting of expenditures . Such reports shall supply sufficient information as necessary for the Foundation (i) to determine that the grant is being used for the purposes described in the grant purpose and in a manner consistent with the Terms and Conditions of Grant and Grantee's funding request and budget (if applicable) as approved by the Foundation and (ii) to allow the Foundation to fulfill its own public reporting responsibilities.

6. MODIF ICATION TO GRANT

The grant purpose identified in the award notification may be modified only with prior written approval. Grant funds may only be used as outlined in the approved budget (if applicable). Changes in expenditures must receive prior written approval. Grantee is responsible for reporting any other changes in the program/project as described in the funding request , including without limitation, changes in grant period, staff, funding from other sources, relationships with other agencies, etc. Requests for modifications or changes must be submitted to Grants Management via the Grant Modification form (available unda the Grantee Toolkit section of the Foundation 's website). The Foundation will notify Grantee upon review of the requested modification or change.

Revised March 2016 (continued on reverse side) Page I of2

7. REVERSION OF GRANT FUNDS; TERMINATION OF GRANT

Grantee will immediately return any un expended funds at the close of the grant period . The Foundation reserves the right to terminate the grant and/or seek return or repayment of the grant funds if any of the fo llowing apply : (i) Grantee loses its exemption from Federal income taxation under Section 501(c)(3) of the Internal Revenue Code or ceases to be an entity organized in or under the laws of the United States, or any state of the United States; (ii) Grantee is listed by the U.S. Government or an agency thereof as an organization considered to be associated with terrorism or violent acts; (iii) the bankruptcy or insolvency of Grantee; (iv) Grantee's failure to comply with the Terms and Conditions of Grant or special conditions, if any, ofthe grant purpose ; or (v) Grantee has made any misrepresentations, has in any way misappropriated grant funds, or has failed to perform the program, project, or other activity funded by the grant, in each case as determined by the Foundation in its sole discretion .

8. PUBLlC ACKNOWLEDGMENT

As the community trust of the Greater Cleveland area, the Cleveland Foundation is accountable to the community for its grantmaking and depends upon continued donations to make future grantmaking possible. Grantees' cooperation is essential to help publicize grant results and rai se funds for future grantmaking.

Accordingly, Grantee agrees to credit the Foundation in any press releases, presentations, media coverage, or announcements resulting from the use of the grant funds . Public statements about the Foundation or its grantmaking should be cleared in advance by the appropriate Foundation program officer. Grantee agrees to notify staff members of any upcoming publicity or media coverage related to the grant.

Grantee also agrees to cooperate with the Foundation's efforts to highlight the programs it funds in the Foundation ' s own publications and publicity materials . This may include: setting up interviews or photo sessions with Grantee organization ' s staff, board, or clients ; providing the Foundation with available photographs, slides, or graphics , with signed releases where required ; or providing access to background material related to the funded project.

9. COPYRIGHTS AND PATENTS

Reports, materials, books, and articles resulting from this grant may be copyrighted by the organization receiving the grant or by the author, in accordance with the policies of the Grantee organization, toward the goal of obtaining the widest dissemination of such reports, materials, books, and articles. Grantee shall grant or cause the author to grant to the Foundation a perpetual, royalty-free license to use such publications. Grant funds shall not be used for activities which may lead to the award of a patent unless Grantee has first entered into a written agreement with the Foundation which specifies the name in which any patent awarded will be taken and avoids the possibility that grant funds will be used for private benefit in the Foundation's sole determination. No application shall be filed for a patent arising out of grant-funded activities without prior written consent, which consent will be conditioned as necessary to avoid private benefit from the use of grant funds. The Foundation agrees to attribute properly authorship in the use, reproduction or publication of any infonnation developed under this grant award, and further agrees to include the copyright notice specified by Grantee in any of its publications, or any copyrighted materials.

10. LIMIT OF COMMITMENT

This grant award is made with the understanding that the Foundation has no obligation to provide other or additional support for this project; nor does this award represent any commitment to, or expectation of, future support from the Foundation for this or any other project of Grantee.

11. ASSIGNMENT

This grant may not be assigned by Grantee without the prior written consent of the Foundation.

Rev1sed March 20 16 Page2of2