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ITB 059 GEOHAZARD MAINTENANCE

(Soil Nails, Plate Piles, “Plug Pile” Wall, Scaling & Trim Blasting)

10/29/2025

REQUIREMENTS

Section 1: Intent

The purpose of this invitation is to request pricing for products to stabilize geohazards. For the purpose of this contract, geohazards are considered to be shallow landslides and unstable rock slopes.

This invitation pertains to landslides with a maximum length of 125 feet (parallel to the roadway) and an estimated maximum failure depth of 5 feet. Items include Launched Soil Nails™, Drilled Soil Nails, Self Drilling Soil Nails, Plate Piles™, and Drilled Shafts.

This invitation also pertains to the stabilization of rockfall source zones with a maximum surface area of 10,000 SF. Items include pricing for Scaling and Trim Blasting.

Additional applicable items include excavation, grading, supplying and placing dump rock, and loading, hauling and wasting excess soil and rock.

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.

Vendors must submit their Bid Responses electronically in Ohio Buys 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 duration of the contract shall be from December 1, 2025 until November 30, 2026.

https://ohiopays.ohio.gov/

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Section 4: Project Locations

The projects will be located within the counties of each of the twelve (12) Districts in the State of Ohio, as per the enclosed map. The locations provided below are the District Headquarters.

NOTE: Purchase orders when issued, will detail specific project locations within a District.

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

Section 5: Delivery of Service

Delivery: When the Department requires the service of the contract, the District will contact the awarded vendor and discuss a begin date. They will also provide a completion date that is relative to the quantity of work. The begin date will be a minimum of three working days, and a maximum of thirty days, after the initial request is presented to the awarded vendor. When an emergency condition dictates a begin date prior to the three working days, then the awarded vendor will be provided the opportunity to meet the revised begin date. If the awarded vendor cannot meet this emergency begin date, ODOT has the ability to utilize its direct purchasing authority and request services from other vendors.

Construction and Materials Specifications

All work shall be in accordance with the current version of the ODOT Construction and Materials Specification (C&MS) and Supplemental Specifications at the time of award.

Section 6: Product Specifications

6.1 Description: This work consists of the following stabilization products:

a. Launched Soil Nails™: A process in which a hollow steel tube is embedded directly into the unstable soil mass using a pneumatic launcher.

b. Drilled Soil Nails: A process in which a hole is cored into the unstable soil, a steel bar is placed inside the cored hole, and grout material is placed around the steel bar.

c. Self Drilling Soil Nails: A process in which a hollow bar is drilled into the surface and simultaneously filled with grout materials.

d. Plate Piles™ (SRT® System): Rigid steel piles driven into the slope in a staggered array of uniformly spaced rows for slope stabilization.

e. Drilled Shafts: Cast-in-place deep foundation elements constructed in a drilled hole that is stabilized to allow controlled placement of reinforcing and concrete.

f. “Plug Pile” Wall: A tangent drilled shaft retaining wall with a center-to-center spacing of two shaft diameters for reinforced drilled shafts, that utilizes intermediate unreinforced drilled shafts in lieu of lagging.

g. Scaling: Removal of potentially unstable boulders, rocks, and trees by hand or mechanical methods to reduce the rockfall hazard.

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h. Trim Blasting: Small scale blasting using either explosive or non-explosive means to remove large blocks or overhangs which are difficult to dislodge by hand or mechanical methods.

For items 6.1a and 6.1d, if a vendor has a product they consider to be an equivalent option to the products listed, they may submit the equivalanet option for review and consideration as an approved equivalent.

Vendor must complete the required information on the pricing page to be considered of the equivalent option. Additionally, vendor must complete the “Experience” tab on the pricing page. Submission of the required information does not guarantee approval of your product.

6.2 Materials:

STEEL TUBE: Steel tube must meet ASTM A 513. Provide a hollow steel tube with a wall thickness of

0.12 inches +/- 0.012 inches, and a nominal outside diameter of 1.5 inches +/- 0.15 inches. A minimum tensile strength of 36,000psi is required.

-If specified, provide perforated hollow steel tube.

-If specified, provide galvanized hollow steel tube according to 711.02.

STEEL BAR: Provide Grade 60 steel conforming to AASHTO M 31. Epoxy coating of bars must conform to AASHTO M 284. Repair and handling of epoxy-coated steel bars must conform to AASHTO M 317.

Steel bars must be straight, continuous - (without welds), undamaged, and epoxy-coated. If a splice is required, the type of splice must be approved by ODOT. Provide a steel bar with a minimum nominal diameter of 0.75 inches.

PLATE PILES: Provide S-shape steel plates that are minimum S3x5.7. Steel plates shall be a minimum thickness of 0.25 inches.

DRILLED SHAFTS: Furnish structural steel members according to the plan requirements and conforming to ASTM A572, Grade 50. Use Class QC 5 concrete according to C&MS 511.

ADDITIONAL REQUIREMENTS: All materials will meet requirements listed in the ODOT C&MS 2019 and/or Office of Materials Management (OMM). For a list of approved materials, see OMM website (http://www.dot.state.oh.us/testlab).

-Technical specifications for steel tube, steel bar, and plate piles including design lengths and standard spacing must be submitted at time of bid.

-For grout material, provide material specifications and follow ACI specifications.

-See ODOT C&MS (2023) for testing of concrete and grout. At a minimum, testing of concrete and grout shall be in accordance with ACI specifications.

- See ODOT C&MS (2023) and OMM for PVC Drain Pipes.

MINIMUM REQUIREMENTS: Launched Soil Nails will be required to have a “minimum embedment length” of either 50% of the design embedment length or 10 feet, whichever is greater.

6.3 Equipment:

Launched Soil Nail Option: Provide pneumatic launcher capable of embedding a Soil Nail into soil in a single shot. Pneumatic launcher must be capable of handling the specified steel tubes listed under the “Materials” description. Additionally, the pneumatic launcher must be capable of handling a minimum bar length of 18 feet. An approved equal to the pneumatic launcher capable of embedding a Soil Nail may be acceptable at the discretion of the Department.

http://www.dot.state.oh.us/testlab

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Drilled Soil Nail and Self Drilling Soil Nail Option: Provide all equipment necessary to complete soil nail installation, provide testing equipment that complies with the requirements listed in Section 6.4 of this invitation.

Plate Piles: Impact or vibratory hammer capable of driving steel S-sections to design embedment

Drilled Shafts: Refer to C&MS Item 524.

Scaling: Refer to Supplemental Specification (SS) 862.

Trim Blasting: Refer to Supplemental Specification 862.

6.4 Construction Details:

Design details necessary for specifying the items listed below shall be based on the following assumptions:

Landslides that are a maximum length of 125 feet (parallel to the roadway) with an estimated failure surface depth of 5 feet or less and rock slopes with a maximum rockfall source zone area of 10,000 square feet.

Any regrading of the slope that is required either prior to or after installation of the items listed below will be performed per C&MS 203.

Refer to SS832 when Temporary Sediment and Erosion Control is necessary.

Launched Soil Nails, Drilled Soil Nails and Self Drilling Soil Nails:

Provide a Soil Nail Project Manager/Superintendent who has successfully managed no less than ten (10) projects within the last five (5) years which successfully stabilized an active landslide and no less than three

(3) projects using the specified soil nail type (Launched or Drilled).

Provide Soil Nail Rig Operators who have successfully operated rigs on no less than five (5) projects within the last five (5) years which successfully stabilized an active landslide/rock slope using soil nails on an active, public roadway while maintaining traffic on the impacted roadway.

A Launched Soil Nail, Drilled Soil Nail, or Self Drilling Soil Nail (collectively referred to as a “Nail”) that does not penetrate the design embedment length, but is embedded more than the minimum embedment length, will require the Engineer’s approval as to whether the Nail will be acceptable as is.

Any Nail that does not penetrate the minimum embedment length is unacceptable.

For each Nail determined to be unacceptable, either by the Engineer or the minimum embedment length requirements, the installed Nail will be removed or cut off flush with ground level. If the removal of an unacceptable Nail will cause a negative effect to the unstable soil slope, the Nail will remain in place. These conditions will be at no cost to the Department.

Cut off the exposed portion of the installed soil nails as specified. If the cut length is not specified, cut the exposed portion of the installed soil nail flush with ground level. Do not reuse remaining lengths from cut nails.

See “Basis of Payment” for additional requirements of an unacceptable Nail.

Drilled Soil Nails and Self Drilling Soil Nails: This work consists of placing Nails in a uniform 3’ x 3’, 4’ x 4’, or 5’ x 5’ pattern. ODOT reserves the right to require testing by the Contractor. Any requested testing of the soil nails will follow appropriate procedures as outlined in FHWA Geotechnical Engineering Circular No.

7 and/or manufacturer’s recommendations. Materials found not in compliance with the requirements of this Contract may be rejected, removed and replaced at the Contractor’s expense. The type of testing and quantity of tests will be determined by the Engineer. Prices for verification and proof testing shall be provided with the drilled soil nail technical specifications.

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Note: Site and soil conditions vary throughout Ohio, which can lead to alternative spacing of nails.

Plate Piles: This work consists of furnishing and driving rigid steel piles into the slope in a staggered array of uniformly spaced rows. The Plate Piles will be installed at a spacing that satisfactorily stabilizes the assumed landslide conditions on-center, a maximum 4-foot in the horizontal direction (parallel to the roadway) and a maximum 6-foot in the transverse direction (perpendicular to the roadway). Plate Pile rows should be staggered to align each plate between the plates of the upper row. The first row of Plate Piles should be installed near the head of the slope and subsequent rows downslope should be spaced as indicated in the technical specifications submitted with the bid.

“Plug Pile” Wall: This work consists of furnishing and installing 24” diameter drilled shafts for slope stabilization structures. The reinforced drilled shafts (“King” Piles) are reinforced with structural steel members instead of steel cages. Furnish and install the drilled shafts in accordance with C&MS 524 except as modified and supplemented below along with the attached “Plug Pile” Wall detail sheet. Vendor shall be ODOT Prequalified Contractor for Work Type 28 Caissons/Drilled Shafts.

Excavate the hole for the drilled shaft within 3 inches of the plan location. The design is based on a maximum depth from ground surface to bedrock of 15 feet. If field conditions indicate greater depths, notify the Engineer for further evaluation. The maximum depth of drilled shaft is 30 feet and the specified steel section is W16x31.

Scaling - Perform work according to SS 862 including qualification and submittal requirements.

Trim Blasting - Perform work according to SS 862 including submittals and SS 862.07B requirements.

Section 7: Payment of Service

7.1 Method of Measurement:

Launched Soil Nail: The unit of measure will be “each” for the launched soil nail or approved equivalent installed in the complete and accepted work.

Drilled Soil Nail: The unit of measure will be “Linear Feet” for the Drilled soil nails installed in the complete and accepted work. The unit of measure for any verification or proof testing requested by ODOT will be “each”.

Self Drilling Soil Nail: The unit of measure will be “Linear Feet” for the Self Drilling soil nails installed in the complete and accepted work. The unit of measure for any verification or proof testing requested by ODOT will be “each”.

Plate Piles: The Department will measure the quantity of area repaired utilizing the plate piles measured in the field. The area is to be measured along the slope rather than a horizontal plane.

“Plug Pile” Wall:

• The Department will measure Drilled Shafts, 24” Diameter, Above Bedrock, As Per Plan, along the axis of the drilled shaft from the proposed top of shaft elevation to the top of bedrock, as determined by the Engineer.

• The Department will measure Drilled Shafts, 24” Diameter, Into Bedrock, As Per Plan, along the axis of the drilled shaft from the top of bedrock to the bottom of the drilled shaft, as determined by the Engineer.

• The Department will measure Drilled Shafts, Misc.: Plug Piles, 24” Diameter, Unreinforced along the axis of the drilled shaft from the proposed top of shaft elevation to the top of bedrock, as determined by the Engineer.

• The Department will measure Steel Piles, Misc.: W16x31 Steel Beam along the axis of the steel beam from the proposed top of shaft elevation to the top of bedrock, as determined by the Engineer.

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Scaling: per SS 862.08.

Trim Blasting: per SS 862.08.

7.2 Basis of Payment:

Launched Soil Nails, Drilled Soil Nails and Self Drilling Soil Nails:

Payment for Launched Soil Nails or approved equivalents will be calculated by multiplying the total number of accepted Soil Nails by the awarded bidder’s quoted price, less any adjustments for condition (b) listed below. Payment for Drilled Soil Nails will be determined by summing the calculated totals of each of the various length ranges. The various length ranges are calculated by multiplying the total number of accepted Drilled Soil Nails or approved equivalents for each range by the awarded bidder’s quoted price for that range, less any adjustments for condition (b) listed below. All labor, associated material, and equipment is to be included in the price of the Launched Soil Nail, Drilled Soil Nail or approved equivalents.

SAMPLE CALCULATIONS BELOW

LAUNCHED SOIL NAIL: A project requires 25 soil nails @ $100.00 per soil nail. Mobilization /

Demobilization to and from the project is $100.00. Total cost of the project is based on calculation below:

(# of Nails x $ per Nail) + Mobilization/Demobilization ( 25 x $100.00 ) + ( $100.00 ) = $2600.00

DRILLED SOIL NAIL and SELF DRILLING SOIL NAIL: A project requires 15 nails @ 18ft, and

20 nails @ 25 ft. The cost per linear ft for a nail <= 20ft is $10.00. The cost per linear ft for a nail 21 - 30ft is $20.00. Mobilization / Demobilization to and from the project is $100.00. Total cost of the project is based on calculation below:

(# of Nails x Length of Nail x $ per LF for range) + Mobilization / Demobilization (15 x 18ft x $10.00) + (20 x 25ft x $20.00) + ($100.00) = $12,800.00

(a) For each Nail that encompasses the entire length from the point of impact to the design embedment depth, payment will be made at 100%.

(b) For each Nail that does not encompass the entire length from the point of impact to the design embedment depth, but is determined to be acceptable by the Engineer, payment will be made for the percentage of the embedded Nail relative to the design embedment depth. This applies to Nails that encompass the minimum embedment length.

(c) For each Nail that does not encompass the entire length from the point of impact to the design embedment depth, and is determined to be unacceptable by the Engineer, no payment will be made. This applies to Nails that encompass the minimum embedment length. Remove at no cost to the Department.

See “Construction Details” for removal of Nail.

(d) For each Nail that does not encompass the minimum embedment length, no payment will be made for the Nail which is embedded. Remove at no cost to the Department. See “Construction Details” for removal of the Nail.

(e) For each Nail determined to be unacceptable and remain in place, as noted in Construction Details, no payment will be made by the Department for material, labor, or equipment associated to the Nail.

The Department may also use Proposal Note 525 “Steel Price Adjustment” as necessary.

Plate Piles: The Department will pay for accepted plate pile quantities as follows:

- Plate Piles (Square Yard)

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“Plug Pile” Wall: The Department will pay for accepted drilled shaft and steel beam quantities as follows:

- Drilled Shafts, 24" Diameter, Above Bedrock, As Per Plan (Feet)

- Drilled Shafts, 24" Diameter, Into Bedrock, As Per Plan (Feet)

- Drilled Shafts, Misc.: Plug Pile, 24” Diameter, Unreinforced (feet)

- Steel Piles, Misc.: W16x31 Steel Beam (Feet)

The Department will pay for accepted rock slope stabilization quantities at the contract price as per SS 862.09:

- Scaling (Hour)

- Trim Blasting (Square Foot)

7.3 Seeding – Shall be done in accordance with the current C&MS.

7.4 Grading – Site shall be restored to stable grade.

7.5 Excavation – Shall be done in accordance with the current C&MS Item 203.

7.6 Mobilization / Demobilization: Vendor’s shall submit a lump sum mobilization / demobilization cost associated to each of the Districts. See attached pricing sheet for details.

Section 8: Traffic Control: ODOT may choose to provide traffic control or pay the vendor to do so per vendor bid items Miscellaneous Traffic Control Equipment, Flagger, Flagger with Pickup Truck, or Maintaining of Traffic.

Section 9: This section applies to ODOT Offices utilizing this contract.

Note to District: Before proceeding with any of the listed geohazard stabilization products, consult with the District Geotechnical Engineer or the Office of Geotechnical Engineering to discuss the unstable soil or rock slope.

The District Highway Management Administrator or appointed designee will be responsible for providing the necessary inspection for each project.

Section 10: Pre-Construction Requirements: When services are requested, ODOT will supply the vendor with information listed in Section 9, to review. Upon review of the information, and “prior to begin of work”, the awarded vendor will: (1) provide a grouting procedure that addresses voids, slump, thickness, flow, etc., when grout is requested (2) Provide material specifications for steel bar sizes requested (3) provide material specifications for couplers / splices that may be required, (4) provide specifications for shotcrete and all related materials such as wire mesh, reinforcement, drainage, anchors, mechanical connections to nails, etc., when shotcrete is requested (5) ensure that all materials meet the minimum specifications as specified in Section 6.

Pre-Construction Meeting

Prior to the begin of work for each project, ODOT and the vendor shall meet on-site to determine the scope of work.

Section 11: Prevailing Wages

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This contract is subject to Ohio Prevailing Wage Laws, Chapter 4115 of the Ohio Revised Code and the vendor shall comply with all provisions contained therein. By signing this bid, the bidder guarantees that the prevailing wage scale to be paid to all labor employed on this contract shall be in accordance with the published schedule of the prevailing hourly wage and fringe benefits ascertained and determined by Ohio Bureau of Employment Services for the county in which the work is being performed.

The vendor shall compensate the employees on this contract at a pay rate not less than the hourly wage and fringe rate listed in the above link. Job classifications or labor rates may be modified by the Ohio Bureau of Employment Services when new prevailing rates are established. Overtime shall be paid at one and one-half times the basic hourly rate and the hourly fringe rate for any hours worked beyond forty hours during a pay week. The vendor shall pay all compensation by company check to the worker and fringe benefit program.

The vendor shall post or make available to the employees on the contract the prevailing wages applicable to this invitation or may be later modified. On the first pay date of contract work, the vendor shall furnish each employee covered by prevailing wage a completed form whpw1512 in accordance with section

4115.05 Ohio Revised Code, showing the classification, hourly pay rate, fringes, and identifying the District Prevailing Wage Coordinator (DPWC), if such employees are not covered by a collective bargaining agreement or understanding between employers and bona fide organizations or labor. These forms shall be signed by the vendor and employee and kept in the vendor’s payroll files.

The vendor shall submit to the DPWC or other designated Department representative, certified payrolls in accordance with sections 4115.07 and 4115.071 (C) of the Ohio Revised Code, three weeks after the start of work and every subsequent week until the completion of the contract. Upon completion of the contract and before the final payment, the vendor shall submit to the DPWC a final wage affidavit in accordance with section 4115.07 of the Ohio Revised Code stating that wages have been paid in conformance with the minimum rates set forth in the contract.

Payroll records shall be maintained by the Contractor for two years after the completion of the contract and these records shall be open to inspection by the Ohio Department of Transportation and the Ohio Bureau of Employment Services, Wage and Hour Division.

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.

Section 12: Delivery Hours

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Work shall be performed between the hours of 7:00 AM and 7:00 PM, Monday through Friday, not including State holidays, unless special permission is granted by the Department to temporarily waive or adjust this requirement.

Section 13: Sub-Vendors

Any use of sub-vendors will require written pre-approval from the Department. In addition, all sub-vendor invoices must be submitted to the Department with the vendor’s invoice. The Department will not pay any additional fees above those charged by the sub-vendor.

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State of Ohio, Department of Transportation (ODOT) Office of Contract Sales, Purchasing Services

ODOT COOPERATIVE PURCHASING PROGRAM REQUIREMENTS

(Last Revised 6/2016)

In accordance with Ohio Revised Code Section 5513.01 (B), the Department may permit and approve any Political Subdivision, State university or college, Ohio Turnpike and Infrastructure Commission, or State agency (collectively the “Ordering Agencies”) to participate in this Contract. The Office of Contract Sales, Purchasing Services section shall notify the Vendor, in writing, of the name of the Ordering Agency that has been authorized by the Department to participate in this Contract. Once approved, the responsibilities and obligations of the Ohio Department of Transportation shall cease at this point. Both the Ordering Agency and the Vendor will be bound by the Contract’s terms and conditions. The Vendor shall deal directly with the Ordering Agency that has been authorized to participate in this contract. All orders placed by the Ordering Agency shall be filled in accordance with the terms and conditions of this particular contract. All invoices for such purchases shall be sent directly by the Vendor to the Ordering Agency’s provided billing address.

The Vendor agrees indemnify the State of Ohio, Department of Transportation for any and all claims, damages, lawsuits, costs, judgments, expenses, and any other liabilities resulting from bodily injury to any person (including injury resulting in death) or damage to property that may arise out of or are related to an Ordering Agency’s participation in the ODOT Cooperative Purchasing Program and its performance under this Contract.

Political Subdivisions are defined in Ohio Revised Code Section 5513.01(C)(1) as "any county, township, municipal corporation, conservancy district, township park district, park district created under Chapter 1545. of the Revised Code, port authority, regional transit authority, regional airport authority, regional water and sewer district, county transit board, school district as defined in section 5513.04 of the Revised Code, regional planning commission formed under section 713.21 of the Revised Code, regional council of government formed under section 167.01 of the Revised Code, or other association of local governments established pursuant to an agreement under sections 307.14 to 307.19 of the Revised Code.”

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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 12 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 14 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 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.