016A-27 B Updated Specification (9-14-26) (003).pdf016A-27 B Updated Specification (9-14-26) (003).pdf

Invitation No. 016A-27

ITB 016A-27 Pollinator Habitat Spot Spraying Contract 9-14-26

REQUIREMENTS/SPECIFICATIONS

Section 1: Intent

The purpose of this request is to establish contract pricing to provide pollinator habitat spot spraying on ODOT-maintained rights of way and land surrounding physical facilities, including ODOT buildings, in accordance with the requirements of the specifications below, and ODOT’s standard terms and conditions contained herein.

Section 2: Contract Duration

The effective duration of this agreement shall be from Date of Execution through June 30, 2027.

Section 3: Low-Bid Award

Award of the Invitation will be to the lowest responsive and responsible bidder based on the lump sum total cost, Statewide, for the Contract Duration.

In the event this vendor is unable to fulfill the terms of the contract for a location, ODOT will have the ability to contact the next lowest bidder to complete location(s).

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 the 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

Compliance with E-Verify Workforce Integrity Act

Contractor and any Subcontractor must, always during performance of the Contract, comply with the provisions of the State of Ohio’s E-Verify Workforce Integrity Act (Ohio Revised Code 4151.01 to

4151.03) and must verify the identity and legal working status of each employee hired to perform work on the Project through the e-verify program

REGISTRATION WITH THE SECRETARY OF STATE.

The contractor certifies that it is one of the following:

A company that is properly registered with the Ohio Secretary of State; or https://ohiopays.ohio.gov/

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

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

Section 4: Site Conditions and Service Location

Vendors are encouraged to visit sites to fully understand all requirements of this Invitation. An interactive map is provided. Refer to 016A-27 locations for spring spray only map with site codes final.kmz (Open file using Google Earth or ARC GIS).

Spot spraying maintenance services will be performed at the locations identified on the excel pricing page and shall include labor, equipment, and mobilization charges on all items required.

Section 5: General Requirements

CONTRACTOR shall perform all work during daylight hours only. Daylight hours are considered, one-half hour after dawn to one-half hour before dusk, Monday through Friday, excluding state observed holidays. Work outside of these time-frames shall require a forty-eight (48) hour advance approval of the ODOT Transportation Administrator responsible for the county CONTRACTOR will be working in or their designated representative.

At the end of every work day, all equipment utilized by the vendor shall be removed from the site. It is the responsibility of the vendor to coordinate equipment storage.

All work shall be performed as to not interfere with building operation or such interference shall be kept to a minimum. The awarded vendor(s) shall remove all rubbish, replaced materials and supplies and packaging materials regularly and at the completion of their work to ensure neat and tidy housekeeping conditions.

All work must be performed in compliance with the Occupational Safety and Health Act and any revisions thereto. Any citations issued by OSHA shall be the responsibility of the Vendor.

The Vendor shall provide and utilize Personal Protective Equipment (PPE) as required. PPE includes but is not limited to substantial footwear, eye and face protection, hearing protection, and gloves. The Vendor shall wear, at a minimum, a shirt that covers the torso with full sleeves, and full-length pants, and protective footwear. Light footwear such as, but not limited to tennis shoes, sandals, etc. shall NOT be worn.

In accordance with OSHA 29 CFR 1910.1200 Hazard Communication Standard a chemical inventory listing all products used, manufacturers name, and copies of Material Safety Data Sheets/Safety Data Sheets (MSDS/SDS) used in performing work outlined in these specifications shall be maintained by the vendor and available when work is being performed. In case of an emergency both the inventory and MSDS/SDS must be readily accessible. All chemical product containers must be properly labeled.

5.1 FALL AND SPRING SPOT SPRAY

CONTRACTOR will control noxious and invasive weeds, annual and cool-season grasses, and woody vegetation according to the guidelines described in Section 3-31 to 3-44 of ODOT’s Statewide Roadside Pollinator Habitat Program Restoration Guidelines and Best Management Practices. CONTRACTOR will control the noxious weeds listed in Ohio Revised Code 901:5-37-01, annual and cool season grasses, woody vegetation, and invasive weeds that are a threat to the success of ODOT’s High Value Pollinator Habitats by performing herbicide applications of Glyphosate, provided by ODOT, in the ODOT Pollinator Habitat sites listed on the excel pricing page according to the specifications and under the guidance and consultation of ODOT’s Pollinator Habitat Program Administrator: Joel Hunt, ODOT Office https://ohiodas-my.sharepoint.com/:u:/r/personal/10063007_id_ohio_gov/Documents/Desktop/016-26%20locations%20for%20spring%20spray%20only%20map%20with%20site%20codes%20final.csv.kmz?d=wef08d0328631446198ac3ab04a013b7b&csf=1&web=1&e=aGob2d https://ohiodas-my.sharepoint.com/:u:/r/personal/10063007_id_ohio_gov/Documents/Desktop/016-26%20locations%20for%20spring%20spray%20only%20map%20with%20site%20codes%20final.csv.kmz?d=wef08d0328631446198ac3ab04a013b7b&csf=1&web=1&e=aGob2d http://portal.dot.state.oh.us/Divisions/Operations/MaintAdmin/FieldOps/VegMgmt/Pollinator%20Guide%20(Updated).docx http://portal.dot.state.oh.us/Divisions/Operations/MaintAdmin/FieldOps/VegMgmt/Pollinator%20Guide%20(Updated).docx of Maintenance Operations; 614-466-7173; Joel.Hunt@dot.ohio.gov. Spring herbicide applications must commence when cool season grasses, noxious and invasive, and broadleaf weeds are actively growing.

CONTRACTOR WILL PAY PARTICULAR ATTENTION TO CANADA THISTLE AND SPRAY IT

JUSTBEFORE IT FLOWERS. CONTRACTOR SHALL SPRAY CUTLEAF TEASEL AND POISON

HEMLOCK ROSETTES AND BOLTING PLANTS BEFORE THEY BLOOM. CONTRACTOR must follow all laws and requirements in accordance with the pesticide label. CONTRACTOR will allow no more than a 5% coverage of noxious weeds, invasive weeds, annual and cool-season grasses, and woody vegetation in any of the areas listed in Appendix III. Any failure to achieve control achieve control of noxious weeds, invasive weeds, annual and cool-season grasses, and woody vegetation may result in a reduction of payment equal to the percentage of undesirable vegetation coverage above 5%. The CONTRACTOR and ODOT representative will evaluate the project site on an agreed upon date and time.

FALL SEASON – Date of execution through December 1, 2026 or the first killing frost, whichever occurs first.

SPRING SEASON – When cool season grasses, noxious and invasive, and broadleaf weeds are actively growing through June 1, 2027.

5.1a Advanced Notice

CONTRACTOR will provide a three-working day (Monday through Friday) advanced notice to the ODOT Transportation Administrator responsible for the county the CONTRACTOR will be working in. Contact information is listed in Appendix I.

5.1b Post-Establishment Maintenance Evaluation.

CONTRACTOR will allow no more than a 5% coverage of noxious weeds, invasive weeds, annual and cool-season grasses, and woody vegetation in any of the areas listed in Appendix III. Failure to achieve control may result is a reduction of payment equal to the percentage of undesirable vegetation coverage above 5%. The CONTRACTOR and ODOT representative will evaluate the project site on an agreed upon date and time.

Section 6: Scope of Service

6.1: Areas to be Maintained

Awarded vendor shall maintain the areas identified on the site listed in the excel pricing page.

6.2: Herbicide Application

Prior to each herbicide application, CONTRACTOR will perform an assessment of existing weeds within the pollinator habitat boundaries and document target species on the spray record form located in

Appendix II (in this document).

CONTRACTOR will apply herbicides as specified under SECTION 5.

Care should be taken to prevent spraying of non-target species

ODOT will supply the herbicide. CONTRACTOR will notify Joel Hunt by telephone at (614) 466-7173 to arrange pickup locations (ODOT garages only).

Utilizing the spray record form in Appendix II, CONTRACTOR will electronically scan and email spray records each Monday for the previous week’s herbicide applications to Joel.Hunt@dot.ohio.gov, if such work occurred.

mailto:Joel.Hunt@dot.ohio.gov mailto:Joel.Hunt@dot.ohio.gov

6.3: Debris Removal

Vendor shall remove all litter, fallen leaves and branches prior to each herbicide application.

6.4: Vendor Coordination of Services

ODOT requires a single contact point for scheduling, contract administration and billing to eliminate confusion for questions to responsible parties after award. All bidders shall specify on the pricing documents, Vendor Contacts tab, a list including name, position/function, email address, phone number and alternate contact number for each office that will service facilities covered by this contract. Vendor staffing may require that the contact(s) for scheduling, contract administration and billing be three different people. The awarded vendor(s) shall update this contact list whenever changes are made during the term of this contract.

Section 7: Outside Scope of Service

Any work outside the scope of service of these specifications requested or found to be necessary for the safety, operation, beautification and/or regulatory compliance of the systems and associated components of this contract shall be brought to the attention of the Pollinator Habitat Program Administrator or their designated representative immediately. The vendor shall submit, in accordance with this section, a proposal explicitly detailing the work required and listing the labor, material and other charges or items necessary to perform the work in accordance with these specifications. The approved proposal shall then constitute a quote for the performance of the work. An approved quote for work shall be paid by approved methods and timeframes after receipt of a properly formatted invoice. Written approval must be given by ODOT prior to repairs being made. Non-contract work performed without the approval of ODOT will be at the vendors’ expense.

The Department reserves the right to the following without affecting the terms and conditions of this contract:

• Perform any work not covered by this contract with Department personnel

• Place any work not covered by this contract out for bid

7.1: Presentation of Outside Scope of Service Plan and Cost

The awarded vendor shall present a written project plan within five (5) business days from date of site visit. A template of how the costs should be detailed is included in the excel pricing spreadsheet. The plan shall include the applicable items listed below:

• Estimated material list

• Estimated project cost

• Project schedule as required by ODOT including:

o Estimated start date upon acceptance and delivery of purchase order o Estimated length of time to complete project o Project milestones (when appropriate)

• Site preparation details

• Site cleanup and waste disposal measures

• Detailed proposed labor breakdown showing number and classification of employees and number of hours proposed

• Construction drawings and specifications when required by the appropriate ODOT District Facilities Department and/or if required for permits by the authority having jurisdiction

• Required building permits and associated fees

7.2: Acceptance of Outside Scope of Service Plan and Commencement of Work

Upon written acceptance of outside scope of service plan by the Pollinator Habitat Program Administrator or their designated representative, ODOT will provide the vendor with a purchase order that is directly associated with the additional quoted services as soon as possible. Once the vendor is in receipt of the purchase order, they will commence work in accordance with the outside scope of service plan.

The awarded vendor shall not commence work without written prior approval of the outside scope of service plan and vendor receipt of purchase order, or as directed by the Highway Beautification and Pollinator Habitat Program Administrator or their designated representative. Non-contract work performed without the approval of ODOT will be at the vendors’ expense.

7.3: Equipment

The awarded vendor shall send necessary equipment (trucks, trailers, etc.) sufficiently capable of completing the requested services in one (1) trip whenever possible

Rental Equipment

All rental equipment utilized in the execution of this contract will be paid at CONTRACTOR’s expense and should be included as part of the bid amount.

7.4 Standard and Scheduled Work

Standard and Scheduled Work shall be performed during daylight hours only. Daylight hours are considered, one-half hour after dawn to one-half hour before dusk, Monday through Friday, excluding state observed holidays.

Section 8: Traffic Control

The vendor must be prequalified for “Signings & Markings” and “Maintenance of Traffic”.

These online eLearning modules can be found at Traffic Academy | Ohio Department of Transportation OR https://www.transportation.ohio.gov/business/training/traffic-academy. If a vendor has not successfully completed the LTAP eLearning modules on “Signings & Markings” and “Maintenance of Traffic” prior to the bid solicitation end date, they will not be considered for award of this contract. Each, “Signings & Markings” and “Maintenance of Traffic”, are an estimated 4 hours of eLearning on average.

Vendor will be responsible for implementing any Traffic Control requirements.

Vendor shall not impede the safe and steady flow of traffic while performing this work. ODOT reserves the right to suspend work during periods of high traffic flows.

Vendor vehicles must be properly equipped with 360-degree lighting. Vehicles shall not be permitted to remain on a paved shoulder for more than 30 minutes. If a vehicle must remain with the work crew for more than 30 minutes, the vehicle shall be parked off the paved surface on the grass median or shoulder.

CONTRACTOR shall have traffic control plans that conform to ODOT’s Traffic Control Guidelines and shall be approved by ODOT at the preconstruction meeting and may require modifications at any time, if such actions are deemed necessary by ODOT.

When traffic control is provided by the vendor, pursuant to CMS 614.03A the vendor shall ensure all individuals involved in any aspect of traffic control have been trained appropriate to the job decisions they are required to make. Additionally, designate a trained person at the project level that has the https://www.transportation.ohio.gov/business/training/traffic-academy https://www.transportation.ohio.gov/business/training/traffic-academy primary responsibility and sufficient authority for implementing and maintaining the Transportation Management Plan (TMP) and other safety and mobility aspects of the project. The designated trained person shall be present on site for, and involved with, each traffic control set up/take down. Provide ODOT with the designated trained person’s contact information.

Saturday or Sunday work may be considered if Vendor notifies Joel Hunt, Highway Beautification and Pollinator Habitat Program Administrator at 614-466-7173 or Joel.Hunt@dot.ohio.gov AND the ODOT County Manager three working days prior.

Section 9: Uniforms

All vendor personnel working in or around buildings designated for service under this contract are required to wear distinctive clothing/uniforms. Employees of the vendor shall wear at least one clothing item with the vendor name and/or other identifying wording to provide their identification to anyone entering facilities or properties where they are providing services pursuant to these specifications.

Section 10: Subcontracting

The awarded vendor(s) shall perform work amounting to not less than one hundred (100) percent of the Contract price with its own organization, unless otherwise approved by the Department. The phrase “its own organization” includes only workers employed and paid directly, inclusive of employees who are employed by a lease agreement acceptable to the Department, and equipment owned or rented with or without operators by the vendor. The phrase does not include employees or equipment of a subcontractor, assignee, or agent of the vendor.

The vendor’s percentage of the total Contract Price includes the cost of materials and manufactured products purchased by the vendor, but not the cost of materials and manufactured products purchased by subcontractors.

Vendor shall not subcontract any of the work covered by the contract unless specifically authorized to do so by ODOT. All subcontracting will be supplied to ODOT at cost with no vendor markup. The vendor will be required to submit copies of invoices from subcontractor(s) as proof of costs. Contractor will be fully responsible for making all subcontractor payments and ensuring that subcontractors follow all laws, rules, safety procedures and ODOT expectations as though they were the Contractor.

Section 11: Permits

Any permits required by the authority having jurisdiction shall be obtained by the vendor and will be reimbursed by the Department at cost.

Section 12: Billing

All work performed in conjunction with this contract shall be subject to the invoicing requirements contained herein.

To ensure timely invoice processing, the vendor shall submit an original, proper invoice by standard mail or electronically to the office designated on the purchase order as the “bill to” address for work paid by purchase order.

• Vendor name, address and contact information

• The ODOT purchase order number authorizing the delivery of products and/or services

• Contract number pursuant to the deliverable

• A description of Vendor work performed, including, as applicable, the time period, sight acreage.

Vendors shall not charge for any items outside of the contract including but not limited to shop supplies, drive time and per diem. The Department will not pay any additional charges for such items.

Section 13: Right to Audit

The Ohio Department of Transportation reserves the right to audit all invoices submitted by a Vendor.

In addition, when discrepancies arise, the vendor will be required to pay the difference of the amount quoted in the contract and the amount charged on the invoice, plus twenty percent (20%) of the amount invoiced or fifty dollars ($50.00), whichever is less.

Section 14: Insurance

The bidder shall furnish with their bid, proof of insurance consisting of certificates of insurance with limits of not less than three hundred thousand ($300,000) dollars for any one person and one million ($1,000,000) dollars for any one occurrence.

Section 15: Pricing & Payment

The vendor shall provide a lump sum price, F.O.B., for each Region. Pricing shall be guaranteed firm for the contract duration.

Payment will be made upon completion and to the satisfaction of the Department, for each spraying session, as shown on the pricing page.

Section 16: Required Ohio Shared Services Vendor Registration

All vendors that are deemed awarded any portion of this invitation to bid are required to be registered through the Ohio Shared Services Office to obtain an OAKS Vendor Identification Number, if they have not already obtained one, in order for an award of this invitation to occur. An award of this invitation cannot be completed until this vendor registration process has taken place and an OAKS Vendor Identification Number has been assigned. It is strongly encouraged that prospective bidders submit their vendor registration paperwork to Ohio Shared Services before the day of the bid opening of this invitation to bid. This will avoid delays in the awarding of this invitation to bid and allow contract purchasing to commence sooner.

The required forms to become registered through Ohio Shared Services can be found by following the link below: http://ohiosharedservices.ohio.gov/SupplierOperations/Forms.aspx

Completed forms are required to be submitted directly to Ohio Shared Services, per the submission instructions on the forms. Completed forms or questions regarding this vendor registration process should not be directed to ODOT. Any questions regarding this registration process should be directed to Ohio Shared Services Customer Service by calling 1-877-644-6771.

PLEASE NOTE: THIS VENDOR REGISTRATION PROCESS DOES NOT APPLY TO VENDORS WHO

REGULARLY PARTICIPATE ON ODOT PURCHASING CONTRACTS. IF THE DEPARTMENT HAS ISSUED TO YOUR COMPANY A PURCHASE ORDER IN THE PAST SEVERAL YEARS, AS A DIRECT RESULT OF AN

AWARDED PURCHASING CONTRACT SUCH AS THIS ONE, YOU WOULD HAVE ALREADY OBTAINED AN

OAKS VENDOR IDENTIFICATION NUMBER THROUGH OHIO SHARED SERVICES. IF THERE IS A QUESTION AS TO WHETHER OR NOT YOUR COMPANY IS REGISTERED WITH OHIO SHARED SERVICES, PLEASE

CONTACT THE ODOT PURCHASING SECTION BY EMAIL AT: CONTRACTS.PURCHASING@DOT.STATE.OH.US http://ohiosharedservices.ohio.gov/SupplierOperations/Forms.aspx mailto:Contracts.Purchasing@dot.state.oh.us

APPENDIX I – County Contact Information

DISTRICT COUNTY NUMBER

District 01 ALLEN COUNTY +1 (419) 999-6711

District 01 DEFIANCE COUNTY +1 (419) 999-6721

District 01 HANCOCK COUNTY +1 (419) 999-6731

District 01 HARDIN COUNTY +1 (419) 999-6741

District 01 PAULDING COUNTY +1 (419) 999-6751

District 01 PUTNAM COUNTY +1 (419) 999-6761

District 01 VAN WERT COUNTY +1 (419) 999-6771

District 01 WYANDOT COUNTY +1 (419) 999-6781

District 02 FULTON COUNTY +1 (419) 373-7012

District 02 HENRY COUNTY +1 (419) 373-7025

District 02 LUCAS COUNTY +1 (419) 373-7046

District 02 OTTAWA COUNTY +1 (419) 373-7085

District 02 SANDUSKY COUNTY +1 (419) 373-7073

District 02 SENECA COUNTY +1 (419) 373-7113

District 02 WILLIAMS COUNTY +1 (419) 373-7001

District 02 WOOD COUNTY +1 (419) 373-7052

District 03 ASHLAND COUNTY +1 (419) 207-7091

District 03 CRAWFORD COUNTY +1 (419) 207-2853

District 03 ERIE COUNTY +1 (419) 207-2859

District 03 HURON COUNTY +1 (419) 207-2839

District 03 LORAIN COUNTY +1 (419) 207-2868

District 03 MEDINA COUNTY +1 (419) 207-2881

District 03 RICHLAND COUNTY +1 (419) 207-2809

District 03 WAYNE COUNTY +1 (419) 207-2801

District 04 ASHTABULA COUNTY +1 (330) 786-4967

District 04 MAHONING COUNTY +1 (330) 786-3158

District 04 PORTAGE COUNTY +1 (330) 786-2281

District 04 STARK COUNTY +1 (330) 786-4927

District 04 SUMMIT COUNTY +1 (330) 786-4907

District 04 TRUMBULL COUNTY +1 (330) 786-4988

District 06 DELAWARE COUNTY +1 (740) 833-8104

District 06 FAYETTE COUNTY +1 (740) 833-8111

District 06 FRANKLIN COUNTY +1 (614)-387-2522

District 06 MADISON COUNTY +1 (740) 833-8120

District 06 MARION COUNTY +1 (740) 833-8125

District 06 MORROW COUNTY +1 (740) 833-8135

District 06 PICKAWAY COUNTY +1 (740) 833-8139

District 06 UNION COUNTY +1 (740) 833-8146

District 07 AUGLAIZE COUNTY +1 (937) 497-6701

District 07 CHAMPAIGN COUNTY +1 (937) 497-6811

District 07 CLARK COUNTY +1 (937) 497-6707

District 07 DARKE COUNTY +1 (937) 497-6828

District 07 LOGAN COUNTY +1 (937) 497-6788

District 07 MERCER COUNTY +1 (937) 497-6864

District 07 MIAMI COUNTY +1 (937) 497-6826

District 07 MONTGOMERY COUNTY +1 (937) 497-6889

District 07 SHELBY COUNTY +1 (937) 497-6929

District 08 BUTLER COUNTY +1 (513) 933-6719

District 08 CLERMONT COUNTY +1 (513) 933-6660

District 08 CLINTON COUNTY +1 (513) 933-6787

District 08 GREENE COUNTY +1 (513) 933-6160

District 08 HAMILTON COUNTY +1 (513) 933-6133

District 08 PREBLE COUNTY +1 (513) 933-6141

District 08 WARREN COUNTY +1 (513) 933-6740

District 11 BELMONT COUNTY +1 (330) 308-6510

District 11 CARROLL COUNTY +1 (330) 308-6530

District 11 COLUMBIANA COUNTY +1 (330) 308-6545

District 11 HARRISON COUNTY +1 (330) 308-6560

District 11 HOLMES COUNTY +1 (330) 308-6571

District 11 JEFFERSON COUNTY +1 (330) 308-6580

District 11 TUSCARAWAS COUNTY +1 (330) 308-6590

District 12 CUYAHOGA CTY +1 (216) 584-2240

District 12 GEAUGA COUNTY +1 (216) 584-2325

District 12 LAKE COUNTY +1 (216) 584-2053

Invitation No. 016-23

APPENDIX II – HERBICIDE APPLICATION RECORD

HERBICIDE APPLICATION RECORD

Insert Company Name

Location (County, Route, Mile Marker):

Insert Company Address

City, OH ZIP Code

Phone Number

Date: Time:

Name of Licensed Applicator(s) and Lic. # and Control #:

Applicators Working Under the Direction of Licensed Applicator:

Weather Conditions:

Clear/ Partly Cloudy/ Mostly Cloudy/ Overcast/ Fog/ Light Rain/ Heavy Rain

Temperature (ºF)

Days Until Next Rain

Event

Wind Speed Wind Direction

Plant Species Targeted:

Herbicide(s) Used - EPA Registration No. - Active Ingredient

Concentration of active ingredient in unmixed product (% by volume)

Total Unmixed Amount Used (oz)

Mixed Quantity Used (gal)

Concentration of mixed product (% by volume)

Concentration of active ingredient in mixed product (% by volume)

Area Treated (ac)

App. Rate of unmixed product (pt/ac)

Adjuvants Used: Total Unmixed Amount Used (oz)

Mixed Quantity Used (gal)

Concentration of mixed product (% by volume)

Area Treated (ac)

App. Rate of unmixed product (pt/ac)

Application Method:

Notes (Observations):

CERTIFICATION STATEMENTS

Bidders claiming preference for Domestic Source End Products, the Ohio preference, and/or the Veteran Friendly Business Enterprise (VBE) must complete the following information. Any bidder who intentionally submits false or misleading information in an attempt to receive a bid preference will be immediately disqualified and may be subject to legal action up to and including debarment. The state reserves the right to clarify any information during the evaluation process.

***BIDDERS MUST COMPLETE THE APPROPRIATE CERTIFICATION BELOW TO RECEIVE THE PREFERENCE.***

A. DOMESTIC PREFERENCE (BUY AMERICAN): Revised Code 125:11 and Administrative Code 123:5-1(K)

[Not applicable to “Excepted Products”]

1. Where is each product/services being offered mined, raised, grown, produced or manufactured?

United States: (State) Canada Mexico (Go to B-1) Other: (Specify Country) (Go to A-2)

2. End product is manufactured outside the United States and at least 50% of the cost of its components are produced, mined, raised, grown or manufactured within the United States. The cost of components may include transportation costs to the place of manufacture and, in the case of components of foreign origin, duty whether or not a duty free entry certificate is issued. Yes (Go to Section B-1) No (Go to Section A-3)

3. The Bidder hereby certifies that each end product, except the products listed below, is a domestic source end product as defined in the Buy American Act and that components of unknown origin have been considered to have been mined, produced, grown or manufactured outside the United States.

(Item) (Country of Origin)

(Item) (Country of Origin)

B. OHIO PREFERENCE (BUY OHIO): Revised Code 125:09 and Administrative Code 123:5-1-06

1. The products/services being offered are raised, grown, produced, mined or manufactured in Ohio.

Yes No (Go to B-2)

2. Bidder has significant economic presence within the state of Ohio. Yes (Answer a, b, c, d below) No (Go to B-3)

a) Bidder has paid the required taxes due the state of Ohio Yes No

b) Bidder is registered with the Ohio Secretary of State

Yes (Charter/Registration No.: ) No

Questions regarding registration should be directed to (614) 466-3910 or visit their web site at:

http://sos.state.oh.us/

c) Bidder has ten or more employees based in Ohio or border state. Yes No (Go to B-2d)

d) Bidder has seventy-five percent or more employees based in Ohio or border state. Yes No (Go to B-3)

3. Border state bidder: (Except products mined in Michigan) Yes (Specify which state then go to B-2c): KY MI NY PA IN No (Go to B-4)

4. Border state bidder: mined products mined in respective border state (Except for products mined in Michigan)

Yes No Not Applicable

C. VETERANS PREFERENCE (BUY VETERAN): Revised Code 9.318 and Administrative Code 123:5-1-16

Is the bidder a certified Veteran Friendly Business Enterprise as defined in Administrative Code 123:5-1-01(KK) Yes No

Rev. 05/27/2025 1

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.

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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 3 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 5 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.

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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…