005-26.pdf

Rev. 05/27/2025 1

ITB 005 – Tree & Brush Power Shearing, Trimming, Mulching & Removal Services 08 22 25

REQUIREMENTS/SPECIFICATIONS

Section 1: Intent

The purpose of this bid solicitation is to establish contracts with qualified bidders for Tree & Brush Power Shearing, Trimming, Mulching and Removal Services in accordance with the attached specifications and ODOT’s Standard Terms and Conditions. Work to be performed consists of trimming the side and top of trees and brush encroaching along the roadside of the roadway and/or shoulder and complete removal of the tree and stump in some cases. Work may also include the removal of dead or damaged tree limbs and trunks to eliminate hazardous conditions, and mulching and chipping of debris in place.

The contract is multiple award and does not constitute any guarantees for either a minimum or maximum amount of work to be perform.

NOTE TO VENDORS: This work may have environmental regulatory restrictions. The District Environmental Coordinator or Transportation Manager will provide a list of conditions for each site that the Vendor must follow.

NOTE TO ODOT USERS: For each individual work location, follow the appropriate environmental requirements which can be found in either the Highway Operations Environmental Checklist or the NEPA document prior to contacting the Vendor; as needed contact the District Environmental Coordinator prior to contacting the Vendor.

Section 2: Multiple Award

ODOT will accept all responsive bids submitted on or before the specified bid opening date and make an award to all responsive bidders pursuant to O.R.C. 5513.02.

Bidders may submit bids on any or all districts included in this invitation to bid. Bidders will only be required to provide services in the Districts bid and awarded to the bidder in response to this invitation to bid.

Vendors must submit their Bid Responses electronically in OhioBuys before the published deadline date & time, Columbus, Ohio local time on the Proposal due date. Vendors will not be able to submit Bid Responses, or unsolicited Proposal amendments after the deadline. Vendors must allow adequate time for uploading a Bid Response prior to the due date and time. ODOT recommends that vendors submit Bid Responses as early as possible.

Note: If a second round is issued for any reason, vendors must resubmit their bid if they had already submitted in a previous round, as the previously submitted Bid Responses do NOT carry over to the new round. New rounds may be the result of an addendum, extensions, etc.

Note: The Signature process takes place after the award now. The email will come from documents@esign.ohio.gov and will go to the signatory that was identified in the bid submission. The subject line will be the bid # Signature Request, (example: 101G-25 Signature Request). No contract can be issued to your company until we receive your signature to complete the process. And you must have an OAKS Payor ID before a contract can be issued. To obtain that, you will need to go into https://ohiopays.ohio.gov

Section 3: Contract Duration

The effective duration of this agreement shall be from October 1, 2025 through September 30, 2026.

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Section 4: Bid Pricing for Service Locations

The net unit bid prices shall be as designated on the Pricing Sheet. See Section 5, Hours of Work, for establishing bid prices.

NOTE: Purchase orders, when issued, will detail specific destination points.

NOTE: The vendor will be required to provide services in all counties within each District they bid.

District 1 – Lima District 7- Sidney

District 2 - Bowling Green District 8 - Lebanon

District 3 – Ashland District 9 - Chillicothe

District 4 - Akron District 10 - Marietta

District 5 - Jacksontown District 11 - New Philadelphia

District 6 - Delaware District 12 - Garfield Heights

Central Garage - Columbus (CG)

Section 5: Hours of Work

Operating times for the purpose of this contract bid shall be based upon an eight (8) hour day, and a five

(5) day (40 hour) week.

ODOT and the vendor may agree to alternate schedules per project. Pricing will be adjusted accordingly.

Section 6: Vendor Review of Proposed Work

District will contact vendor(s) to review proposed Project and request a quote. Upon review of quotes, ODOT will consider the quotes and received in determining of the project will be performed, and in selecting a vendor.

Vendor will be required to begin services within five (5) calendar days after written or verbal notification of a purchase order to perform work from the Department.

Section 7: Specifications, Terms & Conditions for Tree & Brush Power Shearing, Trimming, Mulching, and Removal

7.1 Environmental Requirements

Mulched or chipped debris can be left in place as long as it does not create a hazard or block drainage as determined by ODOT.

Prior to performing the work, if the work has environmental regulatory restrictions, the District

Environmental Coordinator, Transportation Administrator or District/County designee will provide a list of conditions for each site that the Vendor must follow. ODOT will obtain all necessary environmental clearances and provide the conditions to the Vendor prior to the quote request for a specific project.

Conditions may include, but are not limited to seasonal work restrictions, avoiding impacts to protected resources such as streams, wetlands, or cultural resources. The Vendor will perform all work in adherence to these site-specific requirements, conditions, and limitations.

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Note: For Maintenance projects that are 100% state-funded, trees that are hazardous/treat to safety can be removed immediately, regardless of the time of year.

Section 8: Location

Power shearing, mulching, chipping, removal, or trimming of trees and brush will be required along road right-of-ways as directed and specified by ODOT.

Section 9: Operations Specifications

9.1 Work shall be done in accordance with recognized and approved current arboriculture methods with emphasis on tree and brush health and symmetry. All work shall be done with minimum damage to trees and brush that are intended to remain.

9.2 All disposals shall be done in accordance with state, federal and local environmental and waste disposal laws and regulations. Mulching and chipping of trimmings shall be accomplished by equipment suitable for performing this task (See Section 10.3). All work done in Asian Longhorned Beetle, Hemlock Pest (woolly adelgid), Gypsy Moth, Walnut Twig Beetle and other applicable quarantined areas must be done in compliance with Ohio Administrative Code 901:5 and Ohio Department of Agricultural guidelines. While the Emerald Ash Borer quarantine within Ohio was rescinded in 2011, Ohio is still inside the Federal quarantine boundary, and the movement of EAB regulated articles cannot exit the quarantine boundaries without Federal permits. More information about these pests can be obtained from the ODNR Tree Pest Website http://forestry.ohiodnr.gov/pests

9.3 The operation of equipment that will cause damage to the roadway pavement or that will cause rutting to turf areas beyond the nominal will not be allowed for use. In the event that damage does occur to either of these specified areas, the vendor will make the necessary repairs as directed by ODOT.

9.4 If requested, the vendor shall provide traffic control conforming to the Ohio Manual of Uniformed Traffic

Control Devices (OMUTCD) latest edition. The type of traffic control for this contract will be a Lane Closure on Two-Lane Road Using Flaggers (TA-10) as listed in the OMUTCD. ODOT will provide traffic control and work area protection for the operation on all other situations and will have the authority to make decisions involving safety of the public on all jobs.

Section 10: Equipment and Labor Pricing

All equipment listed on this contract will only be utilized for the intent of this contract. Awarded bidders must be able to provide at least one of the following types of equipment.

READ DESCRIPTIONS BELOW FOR EACH TYPE OF EQUIPMENT.

All Labor will be provided by the Vendor.

NOTE: PRICING IS SEPARATED OUT FOR LABOR AND EQUIPMENT

10.1 Bucket Truck A - truck must be capable of reaching fifty (50) feet above the roadway and be capable of removing tree limbs as low as six (6) feet above the ground and as far away as thirty (30) feet from the edge of the roadway. Truck must also be equipped with a chip box and a towed chipper that is capable of chipping twelve (12) inch diameter limbs. All chain saws, ropes, cables, and other equipment needed for the operation shall be included in the bid. The boom supporting the personal bucket shall have a fiberglass isolator and shall meet OSHA requirement for insulation. Upon request, a copy of the certificate verifying that the equipment is properly designed for line-clearance tree trimming per OSHA specifications shall be provided at the vendor’s expense.

http://forestry.ohiodnr.gov/pests

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10.2 Bucket Truck B - truck must be capable of reaching seventy (70) feet above the roadway and be capable of removing tree limbs as low as six (6) feet above the ground and as far away as thirty (30) feet from the edge of the roadway. Truck must also be equipped with a chip box and a towed chipper that is capable of chipping twelve (12) inch diameter limbs. All chain saws, ropes, cables, and other equipment needed for the operation shall be included in the bid. The boom supporting the personal bucket shall have a fiberglass isolator and shall meet OSHA requirement for insulation. Upon request, a copy of the certificate verifying that the equipment is properly designed for line-clearance tree trimming per OSHA specifications shall be provided at the vendor’s expense.

10.3 Single Blade Power Tree Shear - shall be equipped with a single blade mounted on a telescopic boom with a minimum reach of sixty (60) feet. The carrier of the vehicle should be able to traverse rough terrain. All cuts shall be smooth saw cuts. The boom should be mounted so that it can rotate 360 degrees at the base with an approximately 24” round ripping saw blade at the end of the boom that can also rotate 360 degrees. The vendor shall ensure that the equipment used is in good repair and operating condition at all times and meets all safety requirements as established for this type of work.

The boom supporting the saw blade shall have a fiberglass isolator and shall meet OSHA requirement for insulation.

Upon request, a copy of the certificate verifying that the equipment is properly designed for line-clearance tree trimming per OSHA specifications shall be provided at the vendor’s expense.

10.4 Mulcher Mower - designed and built to cut and mulch brush, debris, and trees to mulch that can be left in place as long as it is not blocking drainage areas. The mulcher mower has the capability to direct mulch downward, thus making it safe for roadside use. Shoulder conditions and width of shoulder needs to be firm and approximately eight (8) feet wide to operate safely.

10.5 Tree Care Handler with Grapple Saw – shall be equipped with a grapple saw capable of grasping and cutting a limb or tree at least eighteen (18) inches in diameter. The unit must have a vertical reach of at least forty (40) feet with a minimum of one hundred and sixty (160) horse powered engine. The unit must be equipped with a rubber-tired chassis with outriggers so it can operate on the roadway and smooth off-road terrain. The unit must be able to rotate 360° on the chassis so it can easily operate on the roadway without impacting traffic. Unit shall be able to lift at least 3,700 lbs. at full horizonal reach and is equipped with safety limit switches.

10.6 Clam-Fork Vehicle and operators - shall be used for moving debris cut by power shearing equipment.

The vehicle shall be equipped with a clam forklift having a safe lift capacity of 3,000 lbs.

10.7 Brush Chipper A – is a whole tree chipper with grapple, Bandit Model 1850 or the equivalent, a standard two (2) ton truck with chip box (10 cubic yards) and a disc type chipper.

10.8 Brush Chipper B - having at least the capacities to chip up to 12" diameter log and a standard two (2) ton truck with chip box (10 cubic yards).

10.9 Stump Grinder – having the capability to grind any size stump at least 6” below the ground surface.

Price includes stump cutter towing vehicle.

10.10 Log Loader – consisting of a heavy-duty truck with a dump body and an articulating boom used to load and transport logs from a job site.

10.11 Iron Horse – small, walk along tracked transporter used to move wood and/or brush over all types of terrain. Lift capacity 1000 pounds.

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10.12 Supplemental Equipment – consists of any supplemental equipment that can be utilized to meet the intent of this contract as stated in Section 1.

10.13 Groundsmen – Personnel assigned to provide assistance to the operation of the various equipment supplied by a vendor. A groundsmen may be utilized to operate a piece of equipment, in lieu of an operator, that does not require specific qualifications or certification. The vendor shall provide a labor rate for a “Groundsmen”, on the pricing page. Vendor shall also provide a rate for Prevailing Wage Jobs.

10.14 Operator – For certain equipment, it may require specific qualifications or certification to operate. For these types of equipment, the vendor shall supply a labor rate for an “Operator”, on the pricing page. An operator rate may differ for the various types of equipment; therefore, operator rate shall be supplied for each type of equipment the vendor wishes to bid for this contract. If a particular piece of equipment does not require an operator, the vendor may supply a Groundsmen. Vendor shall also provide a rate for Prevailing Wage Jobs.

10.15 LowBoy Transport – Vendor shall provide a Lump Sum per day LowBoy cost for the site to site mobilization of equipment requiring a LowBoy for transport. Equipment requiring lowboy transport will be identified on the Pricing page. All equipment utilizing site to site mobilization by lowboy shall be identified and agreed upon prior to the start of project.

10.16 ODOT will direct the time (daily start and end times) and place (start and end locations) of the use of the contractor’s equipment. The vendor’s operators and other employees (i.e. sub-vendor) will be under the direction and supervision of the vendor.

10.17 The vendor shall not park equipment on the right-of-way without the prior approval of the ODOT Project

Supervisor. All staging areas in the right-of-way must be approved by the ODOT Project Supervisor.

10.18 Equipment and personnel must meet the requirements in OSHA standards 1910.269 (r) and 1926.550, in order to trim trees within ten feet of a power line that is energized by more than 750 volts.

10.19 Bidders shall include photos and a full description of all pieces of equipment to be used in the performance of work pursuant to this contract. Refer to pricing page for details of how to include.

10.20 Equipment will not be selected from multiple contract vendors for a single worksite.

Section 11: Mobilization, Demobilization and Traffic Control

11.1 The mobilization and demobilization lump sum cost is a separate pay item for each purchase order job.

The purchase order job is to include all site(s) stipulated on ODOT original purchase order. The mobilization and demobilization one-time lump sum cost is the total for a contractor to transport a piece of equipment to the first ODOT job site and transport the equipment back to the contractors facilities upon completion of the purchase order job.

11.2 For site to site mobilization when transporting by low boy, a lump sum per day low boy cost will be provided. See Section 10.15

11.3 Site to site mobilization for all other equipment will be charged as operating time.

11.4 If traffic control is requested, it must be performed in compliance with the current OMUTCD. Law enforcement officers will be hired separately by ODOT if needed.

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Section 12: Hourly Rates

The Operating Hourly Rate will be the rate that the contractor will be paid for the actual operating hours for each piece of equipment. This does not include the mobilization and demobilization lump sum cost to and from the job site.

At the completion of work at the end of each day, the contractor and the project supervisor will come to an agreement on the number of hours of work performed that are to be submitted for payment.

Daily operating times under one hour will be rounded up to the next hour. The contractor will also include the number of trees removed and the tree’s caliper inch at Dead Breast Height (D.B.H.) or 54” up from the ground with the invoice for payment.

Section 13: ODOT Acceptance of Work Performed

A joint inspection by the ODOT Project Supervisor and the Vendor shall be made to ensure that each area of work is completed per the requirements of the contract.

The vendor shall remedy unsatisfactory work to the satisfaction of the ODOT Project Supervisor.

Section 14: Liability Insurance

14.1 All bidders are required to provide proof of insurance in accordance with the current Construction, Materials and Specifications Book item 107.12.

A copy of the Certificate of Insurance shall be included with your bid as part of the bid requirements or your bid may be considered as non-responsive. Upon award of a contract, the Vendor shall include the State of Ohio, Department of Transportation as an additionally insured party under the Vendor’s liability insurance policy.

14.2 Construction and Materials Specifications Handbook

Specifications as shown herein are incorporated into the ITB and made a part thereof are found in the Ohio Department of Transportation Construction and Materials Specifications (C&MS) current 2023 edition, and provisions of the July 19, 2024 version of Supplemental Specification 800.

To access current Construction and Materials Specifications (C&MS):

https://www.transportation.ohio.gov/working/publications/spec-book

For Supplemental Specification 800:

https://www.dot.state.oh.us/Divisions/ConstructionMgt/Specification%20Files/800_07 192024_for_2023.pdf

Section 15: Certified Arborist

Do you have a certified arborist on staff? Reply on pricing page.

Section 16: Minimum Project Price

This contract is written to provide the Ohio Department of Transportation (ODOT) Districts more purchasing latitude for when smaller needs arise. Therefore, the Department reserves the right to utilize https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.transportation.ohio.gov%2Fworking%2Fpublications%2Fspec-book&data=05%7C02%7CDean.Alatsis%40dot.ohio.gov%7C742d0f7348964590392208dd161b27a1%7C50f8fcc494d84f0784eb36ed57c7c8a2%7C0%7C0%7C638691028063240281%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=poHXhQ5a98%2FML42%2BVYh2VPMLRslCMhfSMnJDV%2BJEqaQ%3D&reserved=0 https://www.dot.state.oh.us/Divisions/ConstructionMgt/Specification%20Files/800_07192024_for_2023.pdf https://www.dot.state.oh.us/Divisions/ConstructionMgt/Specification%20Files/800_07192024_for_2023.pdf

Rev. 05/27/2025 7 its direct Purchasing authority and purchase off of this contract when the estimated amount of a project is under $10,000.00, as long as the purchase complies with all applicable purchasing laws and internal ODOT purchasing rules. This provision does not mean that the Department is prohibited from using this contract for smaller projects.

Section 17: Prevailing Wage Rate

When it is determined that a project is subject to Ohio Prevailing Wage Laws, the contractor/vendor and all subcontractors are required to comply with all provisions of the Ohio Prevailing Wage Laws. See PROPSAL NOTE 060 linked below as if fully incorporated herein.

PN 060 – 04/20/2018 - PREVAILING WAGES ON STATE PROJECTS WITH NO FEDERAL AID

http://www.dot.state.oh.us/Divisions/ConstructionMgt/Pages/ProposalNotesSupplementalSpecificationsan dSupplements.aspx

Truck drivers who are employed to deliver materials to the project site are exempt from prevailing wage except when the work performed is on the “site of work”. Site of Work includes the following:

▪ The physical place or places where the building or work called for in the contract will remain after the work is completed.

▪ Job headquarters, tool yards, batch plants, borrow pits, etc., provided they:

1. Are located adjacent or virtually adjacent (within a one mile radius) to the site of the work described above.

and

2. Are dedicated exclusively, or nearly so to performance of the contract or project; 80% of the materials taken from the site must be used for the project.

Truck drivers who are Owner-operators are also exempt from prevailing wage. Owner-operators must have a purchase or bona fide lease agreement contract and demonstrate financial commitment, such as purchasing vehicle insurance, gasoline, etc. An Owner-operator includes a lessee of equipment, but there must exist a bona fide lease with evidence of independent contractor status. A lease calling for a share of revenues while being used, or short term in duration (3-5 years), will not qualify for Owner-operator status.

http://www.dot.state.oh.us/Divisions/ConstructionMgt/Pages/ProposalNotesSupplementalSpecificationsandSupplements.aspx http://www.dot.state.oh.us/Divisions/ConstructionMgt/Pages/ProposalNotesSupplementalSpecificationsandSupplements.aspx

Rev. 05/27/2025 8

STANDARD TERMS & CONDITIONS

I. GLOSSARY

The following definitions are applicable to all components of the Contract. If a conflict exists between these definitions and any definition listed in the specifications or scope of work, the specifications or scope shall prevail.

A. ACCEPTANCE: Approval and retention by ODOT of any goods, products, services or other Deliverables, delivered to fulfill Contract requirements.

B. AGENCY/ODOT/DEPARTMENT: Ohio Department of Transportation

C. AUTHORIZED DEALER/DISTRIBUTOR: The vendor that maintains written legal agreements with manufacturers to act as their agent and provide goods, products, or services listed in the bid/RFQ/contract. The authorized

Dealer/Distributor must maintain active and sufficient facilities necessary to perform the awarded Contract, own title to the goods, products, or services and maintain available stock on a continuous basis and in sufficient quantity to provide uninterrupted access to the Contract Deliverable.

D. BIDDER: The company and/or authorized representative of the company who has signed and is submitting a bid response and who will be responsible for ensuring proper performance of the contract awarded pursuant to the bid. The term bidder, proposer, contractor, supplier, or vendor may be used interchangeably in this document.

E. DEFAULT: The omission or failure to perform any obligation under this Contract.

F. DELIVERABLE: Any Contractor-provided products, supplies, services, work or product described in the specifications of the Contract.

G. F.O.B PLACE OF DESTINATION: The Vendor pays, and includes the cost of such in its bid, and bears the risk for the transportation and delivery of goods delivered to the specified locations provided by the Department.

H. GOODS: Anything that can be purchased that is not a service or real property.

I. INVOICE: An itemized listing showing delivery of the goods or performance of the services described in the order that must include the date of the purchase or rendering of the service, an itemization of the things done, material supplied, equipment used or labor furnished, and the sum due pursuant to the contract or obligation.

J. LOWEST RESPONSIVE AND RESPONSIBLE BIDDER: A bidder who offers the lowest cost for the goods or services listed in the bid; and whose proposal responds to bid specifications in all material respects and contains no irregularities or deviations from the specifications which would affect the amount of the bid or otherwise give them a competitive advantage; and whose experience, financial condition, conduct and performance on previous contracts, facilities, management skills evidences their ability to execute the contract properly.

K. MBE OR EDGE CERTIFIED: MBE means Minority Business Enterprise and EDGE means Encouraging

Diversity, Growth and Equity.

L. ORDER: A copy of a contract or a statement of the nature of a contemplated expenditure, a description of the goods to be purchased or services to be performed, other than services performed by officers and regular employees of the state, and per diem of the national guard, and the total sum of the expenditure to be made therefor, if the sum is fixed and ascertained, otherwise the estimated sum thereof, and an authorization to pay for the contemplated expenditure, signed by the person instructed and authorized to pay upon receipt of a proper invoice.

M. PRIME VENDOR/CONTRACTOR: The vendor who, upon being awarded a contract, becomes the prime vendor who is the primary source for providing the goods or services listed in the awarded Contract and the party to whom payment will be made upon delivery of the goods and/or completion of the Contract.

N. PROCUREMENT/CONTRACT/AGREEMENT: All documents, whether attached or incorporated by reference, utilized for soliciting bids. Upon completion of the evaluation and award of the bidder’s response, the procurement becomes the contract between ODOT and the successful bidder, both governed by the laws of the state of Ohio.

O. PURCHASE: To buy, purchase, installment purchase, rent, lease, lease purchase, or otherwise acquire goods

Rev. 05/27/2025 9 or services. "Purchase" also includes all functions that pertain to the obtaining of goods or services, including description of requirements, selection, and solicitation of sources, preparation, and award of contracts, all phases of contract administration, receipt and acceptance of the goods and services, and financial consideration for the goods and services by either a state agency or a third party.

P. PRODUCTS: Materials, supplies, merchandise, goods, wares, and foodstuffs.

Q. REQUEST FOR QUOTE (RFQ)/INVITATION TO BID (ITB)/COMPETITIVE SEALED BIDDING: A solicitation for goods, products, or services in which ODOT invites vendors to submit price quotes/bid responses for the supply of such goods, products, or services.

R. REQUEST FOR PROPOSAL (RFP): A solicitation for goods, products, or services in which ODOT invites vendors to submit responses that have comprehensive performance requirements, technical provisions, and specific evaluation criteria including price for scoring offers. Award is made to the bidder whose proposal is determined to be most advantageous to the state, taking into consideration factors such as price and the evaluation criteria set forth in the RFP.

S. SERVICES: The furnishing of labor, time, or effort by a person, not involving the delivery of a specific end product other than a report which, if provided, is merely incidental to the required performance. "Services" does not include services furnished pursuant to employment agreements or collective bargaining agreements.

T. STATE: The State of Ohio which also includes ODOT as applicable.

U. STATE DATA: All data and information provided by, created by, created for, or related to the activities of the State and any information from, to, or related to all persons that conduct business or personal activities with the State, including, but not limited to Confidential Data.

If any of Contractor’s intellectual property becomes embedded in State Data, Contractor hereby licenses a non-exclusive license to ODOT to use such embedded data subject to the terms of Contractor’s license agreement.

State Data includes any information derived by or through the use of the services being provided by the Vendor, excluding any embedded portions of any service that might be in the data or information which might be the intellectual property of the Contractor.

Confidential Data includes data that is required to be protected by law or regulation, is intended for confidential use, and may not be copied or removed from the State’s operational control without authorized permission. This classification includes data that, if compromised, may result in loss of life, serious injury, or other harm to an individual or group, or disruption to critical agency operations.

Confidential Data includes, but is not limited to:

1. Certain types of personally identifiable information (PII) that is also sensitive, such as medical information, social security numbers, and financial account numbers;

2. Federal Tax Information (FTI) under IRS Publication 1075;

3. Protected Health Information (PHI) under the Health Insurance Portability and Accountability Act (HIPAA);

4. Criminal Justice Information (CJI) under the Federal Bureau of Investigation’s Criminal Justice Information Services

(CJIS) Security Policy and the Law Enforcement Automated Data System (LEADS) Policy; and

5. Other types of information not associated with an individual such as security and infrastructure records, trade secrets, and business bank account information.

V. SPECIFICATION: Any description of the physical or functional characteristics or of the nature of goods, products, or services. It may include a description of any requirements for inspecting, testing, or preparing goods, products, or services.

W. TIME AND MATERIALS CONTRACT: A contract in which Contractor is paid the following: (1) an hourly rate for labor actually performed; and (2) if applicable and with prior approval by ODOT, for the cost of the materials, equipment or supplies actually used by the Contractor. Such rates and costs shall be established through Contractor’s submission of a price sheet, written quote, estimate, or invoice, as approved by ODOT. Hourly rates may include wages, overhead, general and administrative expenses, and reasonable profit. Materials or supplies may include the Contractor’s direct and indirect costs attributable to the work performed. Equipment may include vendor owned equipment billed at a specified rate or costs associated with rental of equipment specific to the contract.

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X. UNBALANCED: Any unit price contained in the bid submittal which is obviously unbalanced either above or below reasonable cost analysis and/or unreasonably disproportionate to current market prices as determined by the Director of

ODOT, or if such unbalanced prices are contrary to the interest of the department.

Y. SUBVENDOR: An individual, firm, or corporation to whom the Vendor sublets part of the contract to be performed.

II. QUOTE/BID RESPONSE REQUIREMENTS

A. INFORMATION REQUESTED: Vendors shall furnish all information as requested in the solicitation. At the discretion of the Director, additional information, necessary for evaluation of the quote/bid response may be attached to the solicitation and shall be properly identified as being part of the quote/bid response. ODOT reserves the right to request literature, or other documentation for clarification, although such may not have been set forth in the RFQ/bid response. ODOT also reserves the right to require a Vendor to be a registered supplier with the State of Ohio through the

OhioPays Portal. Failure to provide the required information or complete supplier registration with the State of Ohio within seven business days of the award may render the quote/bid response invalid.

B. SAMPLES REQUESTED: When requested, samples shall be furnished at the Vendors’ expense and unless otherwise specified, prior to closing of the solicitation. Samples shall be clearly identified by Vendor’s name, the solicitation number, corresponding items in the solicitation and the closing date. ODOT acknowledges that it may receive quotes/bid submittals from multiple vendors and authorized dealers/distributors quoting the same manufacturer's products. In such situations, samples may be submitted by manufacturers on behalf of multiple vendors or authorized dealers/distributors, provided that such samples shall be accompanied by written documentation, on manufacturer's letterhead, signed by an authorized representative of manufacturer, listing the named dealers/distributors and vendors for whom the samples are provided. Any vendor or authorized dealer/distributor not appearing on this listing and who has failed to furnish requested samples shall be considered non-responsive. Unless otherwise stated, any sample submitted with the quote/bid response shall not be deemed to vary from any of the provisions, specifications, or terms and conditions of the solicitation. When requested in writing, samples not destroyed in testing shall be returned at the vendor’s expense.

Samples not so requested shall become the property of ODOT. Unsolicited samples which are submitted shall be at the vendor's risk and, shall not be examined or tested, and shall not be considered in the evaluation process. ODOT reserves the right to request samples although such may not have been set forth in the solicitation.

C. SPECIFICATIONS: ODOT is authorized to prepare specifications to obtain goods, products, and services. The purpose of the specification is to describe the goods, products, or services to be purchased and will serve as a basis for comparison of quotes/bid responses. The Department may use any form of specification it determines to be in the best interest of the State and that best describes the goods, products, or services to be purchased. Specifications may be in the form of a design or performance specification, or a combination thereof. If the Department determines that a design, performance, or combination specification is not in the best interest of the State, it may use a brand name or equal specifications.

Where a brand name or equal specification is used, use of brand name is for the purpose of describing the base standard of quality, performance and characteristics desired only and is not intended to limit or restrict competition. Substantially equivalent supplies or services to those designated will be considered for award.

ODOT may also use a qualified products list of the federal government or may develop a qualified products list applicable to ODOT. When developing a qualified products list, ODOT shall solicit a sufficient number of suppliers to ensure maximum coverage with providers of the goods, products, or services. Any supplier, not solicited, may request inclusion on the qualified products list. Potential suppliers will be required to furnish exact samples of the goods, products, or services to be provided for testing and examination by ODOT. Only those goods, products, or services that conform to the ODOT’s requirements will be considered for inclusion on a qualified products list.

D. UNIT PRICE AND BASIS OF AWARD : Unless otherwise specified in the RFQ/bid solicitation, the unit price must be entered for each item being quoted/solicited. The unit price shall govern in the event of a discrepancy between the unit price and any extended or total price calculation.

For solicitations involving multiple items, the award shall be made on the basis of the total cost of all items combined, unless the RFQ/bid solicitation explicitly states that awards may be made on an individual line-item

Rev. 05/27/2025 11 basis or by group. Vendors must ensure that unit prices are accurately provided for all items; the use of ditto marks, arrows, or other markings in lieu of entering actual unit prices may result in the offer being deemed non-responsive. Lot prices entered in the unit price area shall be considered as the unit price unless clearly labeled otherwise.

No changes to pricing shall be permitted after the quote or bid submission deadline. Vendors are responsible for reviewing and verifying all pricing prior to submission. In the event of a contract award, the Vendor shall be required to deliver the goods or services at the prices submitted. Vendors shall not enter a unit price of more than two (2) digits to the right of the decimal point. Any digits beyond the second decimal place will be disregarded and not used for rounding purposes in the evaluation or payment thereof.

E. QUOTE/BID RESPONSE FIRM: Once opened, all RFQs/bid responses are firm and cannot be altered. Once a contract is awarded, the Vendor shall deliver at the prices and terms quoted or provided. ODOT shall receive the benefit of any decrease in price during the guaranteed price period. Unless otherwise stated, all solicitations shall remain valid for a period of sixty (60) calendar days after the RFQ/bid solicitation closing date.

F. REJECTION OF ANY/ALL RFQ/BID RESPONSE: The Director of ODOT reserves the right to accept, or reject, any or all RFQ/bid response in whole or in part and may determine that any irregularities or deviations from the specifications do not result in the quote/bid response being non-responsive, provided however, that the Director of

ODOT determines this does not affect the amount of the quote/bid response or result in a competitive advantage to the

Vendor.

G. DEVIATIONS: Statements or modifications that deviate from the RFQ/bid response’s terms, conditions, specifications and requirements (such as altering delivery, changing F.O.B., price list changes, etc.) may render the quote/bid response non-responsive if the Director determines that the deviation or modification affects the amount of the quote/bid response or results in an unfair competitive advantage for the Vendor.

H. DISQUALIFICATION OF VENDOR: Any of the following reasons may be considered as being sufficient for the disqualification of a Vendor and the rejection of its quote/bid response:

1. More than one RFQ or bid response for the same work from a parent and subsidiary company, from two or more related subsidiary companies, or an individual, firm, or corporation under the same or different name.

2. Evidence of collusion among Vendors.

3. Quote or bid response which are in ODOT's opinion materially unbalanced.

4. Evidence that the Vendor has sublet or sub-vended any portion of the work, supplies, services, labor, or materials without prior written approval from the Department.

5. Evidence that the Vendor is not an authorized dealer/distributor of the manufacturer.

The quote/bid response supplied by a disqualified Vendor shall be rejected, and the disqualification determination will be used to evaluate the responsibility of the Vendor in future bid solicitations.

I. TIE PROCESS: If two or more quotes/bid responses offer the same total evaluated cost and are determined to be responsive and responsible, the Department will break the tie as follows: during the evaluation process, the Vendors that submitted tie responses will be contacted and given a deadline of two (2) business days to submit a written revised unit price for the affected item(s) or a revised total cost, as applicable. If a tie still exists after submission of revised pricing, the Department may repeat this process or consider additional factors, including past or current performance, in order to determine an award. The Department will not allow a tie quote/bid response situation to unnecessarily delay the award process.

J. CREATION OF THE CONTRACT: A contract is created between the Vendor and ODOT when ODOT accepts the quote/bid response and an authorized person acknowledges the acceptance in writing. The contract shall become operational only when either a purchase order has been issued or the State of Ohio payment card is presented to the awarded Vendor. The contract shall contain all the terms and conditions of this RFQ/bid solicitation as well as the accepted responses in the vendor’s quote/bid response, except that no responses may change or alter the terms and conditions of this RFQ/bid solicitation. The contract will be construed in accordance with the plain meaning of its language and neither for nor against the drafting party.

Rev. 05/27/2025 12

III. REGULATORY CONTRACT REQUIREMENTS

A. ANTITRUST. ODOT and the Contractor recognize that, in actual economic practice, overcharges resulting from antitrust violations are usually borne by the State. The Contractor therefore assigns to ODOT all state and federal antitrust claims and causes of action that the Contractor has or acquires relating to the goods and services acquired under this

Contract.

B. APPROPRIATION OF FUNDS. Pursuant to Article II, Section 22 of the Ohio Constitution, ODOT’s funds are contingent upon the availability of lawful appropriations. If the General Assembly or any third party who is providing funding fails at any time to continue funding for the payments or any other obligations due by ODOT under this

Contract, ODOT will be released from its obligations on the date funding expires. If appropriations are approved, ODOT may continue this Contract past the current biennium by issuing written notice of continuation to the Contractor.

Any obligations of ODOT are subject to Section 126.07 of the Ohio Revised Code. The current General Assembly cannot commit a future General Assembly to a future expenditure.

C. CAMPAIGN CONTRIBUTIONS. Unless this Contract was solicited by competitive bid pursuant to Section

125.07 of the Ohio Revised Code, Contractor hereby certifies that all applicable parties are in full compliance with Section 3517.13 of the Ohio Revised Code.

D. COMPLIANCE WITH LAW. The Contractor must comply throughout the duration of the Contract with all applicable federal, state, local laws and Executive Orders while performing under this Contract.

E. CONFLICT OF INTEREST/ETHICS. The Contractor represents, warrants and certifies that it and its employees engaged in the administration or performance of this Contract are knowledgeable of and understand the Ohio Ethics and

Conflict of Interest laws including but not limited to Chapter 102 and Sections 2921.42 and 2921.43 of the Ohio Revised

Code. Contractor further represents, warrants, and certifies that neither Contractor nor any of its employees will do any act that is inconsistent with such laws or otherwise presents a conflict of interest.

All vendors who are actively doing business with or seeking to do business with the State and/or with ODOT are expected to perform their business activities in a professional manner and avoid any “perceptions of impropriety.” Vendors will be responsible to review and become familiar with the ethics laws of the state of Ohio. Any vendor who violates Ohio’s ethics laws or any executive order or ODOT policy will be subject to legal penalties up to and including debarment.

ODOT utilizes a variety of methods for establishing contracts for goods, products, and services which include competitive sealed bidding, competitive sealed proposals, direct purchases, reverse auction, multiple award contracts and request for quotes. Processes for implementing these methods have been developed to ensure fair and equal treatment of all vendors participating in the purchasing activity. Any vendor that attempts to influence the evaluation and/or award of a contract either directly or through an outside agent or representative will be disqualified and will not be able to participate in the purchasing activity. In addition, a vendor who attempts to influence an evaluation or award will be subject to penalties set forth by law up to and including debarment from doing business with ODOT and/or the state of Ohio.

Suspected violations of ODOT purchasing statutes, rules, policies, or guidelines, or of Ohio’s ethics laws, executive orders by any employee of the State or a vendor are to be reported to the Agency Procurement Officer(s) or APO. The APO will advise the Chief Legal Counsel who may take appropriate action. If necessary or appropriate, the matter may be referred to the Inspector General, the Ohio Attorney General and/or the Ohio Ethics Commission for resolution.

F. TRADE. The Contractor warrants that the Contractor is not subject to an unresolved finding for recovery pursuant to

Section 9.24 of the Ohio Revised Code. If the warranty is false on the date the parties signed this Contract, the Contract is void ab initio, and the Contractor shall immediately repay any funds paid under this Contract.

G. DEBARMENT. The Contractor represents and warrants that neither it, nor any of its subcontractors, are debarred from consideration for contract awards by any governmental agency. If this representation and warranty is found to be false, this Contract is void ab initio, and the Contractor shall immediately repay any funds paid under this Contract.

H. DRUG FREE WORKPLACE. The Contractor agrees to comply with all applicable state and federal laws regarding drug-free workplace and shall make a good faith effort to ensure that all Contractor employees, while working on

ODOT property or performing work on behalf of ODOT, will not purchase, transfer, use, be

Rev. 05/27/2025 13 under the influence of, or possess illegal drugs, non-medical cannabis (recreational marijuana), or alcohol, or abuse prescription drugs or medical marijuana in any way.

I. EQUAL EMPLOYMENT OPPORTUNITY. The Contractor will comply with all state and federal laws regarding equal employment opportunity and fair labor and employment practices, including Section 125.111 of the Ohio Revised

Code and all related Executive Orders.

Before a contract can be awarded or renewed, an Affirmative Action Plan must be submitted to and approved by the State of Ohio.

J. PROHIBITION OF THE EXPENDITURE OF PUBLIC FUNDS FOR OFFSHORE SERVICES. No State Cabinet Agency, Board or Commission will enter into any contract to purchase services provided outside of the United States or that allows State Data to be sent, taken, accessed, tested, maintained, backed-up, stored, or made available remotely outside (located) of the United States, unless a duly signed waiver from the State has been attained. Notwithstanding any other terms of this Contract, the State reserves the right to recover any funds paid for services the Contractor performs outside of the United States for which it did not receive a waiver. The State does not waive any other rights and remedies provided to the State in the Contract.

Further, no State agency, board, commission, State educational institution, or pension fund will make any purchase from or investment in any Russian institution or company and are prohibited from permitting State data to be sent, taken, accessed, tested, maintained, backed-up, stored, or made available remotely in a location governed or controlled by the Russian Federation, Russian companies, or Russian institutions.

Notwithstanding any other terms of this Contract, the State reserves the right to recover any funds paid to Contractor for purchases or investments in a Russian institution or company in violation of this paragraph. The provisions of this paragraph will expire when the applicable Executive Order is no longer effective.

The Contractor must complete the Contractor/Subcontractor Affirmation and Disclosure Form affirming the Contractor understands and will meet the requirements of the above prohibition. During the performance of this Contract, if the Contractor changes the location(s) disclosed on the Affirmation and Disclosure Form, Contractor must complete and submit a revised Affirmation and Disclosure Form reflecting such changes.

K. GOVERNING LAW. This Contract shall be governed by the laws of the State of Ohio, and the venue for any disputes will be exclusively with the appropriate court in Franklin County, Ohio.

L. INDEPENDENT CONTRACTOR ACKNOWLEDGEMENT. It is fully understood and agreed that Contractor is an independent contractor and is not an agent, servant, or employee of the State. Contractor declares that it is engaged as an independent business and has complied with all applicable federal, state, and local laws regarding business permits and licenses of any kind, including, but not limited to, any insurance coverage, workers’ compensation, or unemployment compensation that is required in the normal course of business and will assume all responsibility for any federal, state, municipal or other tax liabilities. Additionally, Contractor understands that as an independent contractor, it is not a public employee and is not entitled to contributions from the State to any public employee retirement system.

Contractor acknowledges and agrees that any individual providing personal services under this Contract is not a public employee for purposes of Chapter 145 of the Ohio Revised Code. Unless Contractor is a “business entity” as that term is defined in Section 145.037 of the Ohio Revised Code (“an entity with five or more employees that is a corporation, association, firm, limited liability company, partnership, sole proprietorship, or other entity engaged in business”), Contractor shall have any individual performing services under the Contract complete and submit to the Ordering Agency the Independent Contractor/Worker Acknowledgement form, available at https://www.opers.org/forms-archive/PEDACKN-Non-Member-Acknowledgment.pdf.

Contractor’s failure to complete and submit the Independent Contractor/Worker Acknowledgement form at the time Contractor executes this Contract shall serve as Contractor’s certification that Contractor is a “business entity” as that term is defined in Section 145.037 of the Ohio Revised Code.

M. REGISTRATION WITH THE SECRETARY OF STATE. The contractor certifies that it is one of the following:

1. A company that is properly registered with the Ohio Secretary of State; or

2. A foreign corporation, not incorporated under the laws of the State of Ohio, but is registered with the Ohio Secretary of State pursuant to Sections 1703.01 to 1703.31 of the Ohio Revised Code, as applicable; or

3. Exempt from the registration requirements of the Ohio Secretary of State.

https://dam.assets.ohio.gov/image/upload/procure.ohio.gov/pdf/StateLocalAgencies/Resources_Forms/Affirmation_and_Disclosure_Form_5-20-24_fillable_form.pdf http://www.opers.org/forms-archive/PEDACKN-Non-Member-Acknowledgment.pdf

Rev. 05/27/2025 14

N. TAXES. Pursuant to Section 5739.02 of the Ohio Revised Code, ODOT is exempt from sales…