094-26.pdf

Rev. 05/27/2025 1

ITB 094 DISTRICT 11 LAWNCARE SERVICES

REQUIREMENTS/SPECIFICATIONS

Section 1: Intent

The purpose of this request is to establish pricing for lawn care, landscaping services and identified project materials and services for approximately 11 acres of property at the sites indicated below, all in accordance with the enclosed terms, conditions, and specifications. Vendor shall provide all labor, equipment, material, and incidental items necessary to perform the contracted services.

Section 2: Contract Duration

The effective duration of this agreement shall be from January 1, 2026, through December 31, 2027, with one (1) optional one (1) year renewal that could extend the end date to no later than December 31, 2028.

Section 3: Award

Award will be made to the lowest responsive and responsible bidder based on the lump sum cost for the three (3) year contract term all in accordance with the specifications herein.

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. 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.

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: 132-26 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 4: Mandatory Vendor Requirements

It is a requirement of the contract that the vendor and its employees must have performed services comparable to those required by this contract and provide proof of current liability insurance coverage in order to be considered a responsive and responsible bidder.

4.1: References

Each bidder must have a minimum of five (5) years’ experience in performing the services required by this contract. Therefore, each bidder shall submit with their bid, the name, email address, organization, address, and telephone number of at least three (3) references with whom they have provided like services to for at least five (5) years.

It is a requirement of the contract that the vendor and its employees must have performed services comparable to those required by this contract in order to be considered a responsive and responsible bidder.

https://ohiopays.ohio.gov/

Rev. 05/27/2025 2

4.2: Public Liability Insurance

Each bidder shall furnish with their bid submission, proof that they carry public liability 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.

All insurance policies required under this section shall include an endorsement requiring the insurance company to give thirty (30) days prior written notice to ODOT before any change of cancellation becomes effective. All insurance policies shall be through insurance companies licensed to conduct business in the

State.

Section 5: Service Location

Lawn care and landscaping services will be performed at the following locations and unit pricing shall include freight charges on all items required:

SITE #1

Ohio Department of Transportation

District 11 Headquarters Facility

2201 Reiser Avenue S.E.

New Philadelphia, OH 44663-3333

SITE #2

District 11 Old Tuscarawas County Garage

384 Stonecreek Road SW

New Philadelphia, OH 44663

Vendors are encouraged to visit the site to fully understand all the requirements of this Invitation. Those interested may contact:

District 11 Facilities Program Administrator

Shannon Blocker

2201 Reiser Avenue S.E.

New Philadelphia, OH 44663-3333 shannon.blocker@dot.ohio.gov

330-308-3910

Section 6: General Requirements

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 bring all tools, chemicals, and materials, etc., with them to each site visit and take all items with them when finished. No on-site storage shall be provided by ODOT.

• All work shall be performed to not interfere with building operation or if such interference is kept to a minimum. The vendor shall leave all areas neat and clean when finished.

• It shall be understood that, from time to time, sites may be opened or closed during the life of the contract. Any potential changes in service locations and revised pricing, where applicable, shall be mutually agreed upon by the District Facilities Program Administrator or their designated representative, the awarded vendor and the Department and shall be included in or removed from the contract.

mailto:shannon.blocker@dot.ohio.gov

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• The Vendor shall always provide and utilize Personal Protective Equipment (PPE) for their employees as appropriate. PPE includes but is not limited to substantial footwear, eye and face protection, hearing protection, and gloves

Section 7: Scope of Service

Lawn care and landscaping services for the approximately 11 acres of property maintained shall take place between 7:30 AM and 4:30 PM Monday through Friday, excluding state observed holidays. Work outside of these timeframes shall require a forty-eight (48) hour advance approval of the District Facilities

Program Administrator or their designated representative. A site plan identifying the areas to be maintained follows these specifications.

7.1: Site #1 Services

7.1.1: Pre-Season Cleanup

Execute a pre-season cleanup of each site in preparation for the growing season between March 1 and

April 30. The cleanup may be done by manual raking, vacuuming, or equipment mounted devices used for this type of cleanup. Minimum services required are as follows:

• Cleaning/Raking of lawn area to remove leaves and debris. The contractor is responsible for removing leaves, limbs, twigs, and debris from site.

• Trimming/pruning of bushes, shrubs, hedges, ornamental trees, ornamental grasses and or brush. The contractor is responsible for removing leaves, limbs, twigs, and debris from site.

• Spot thatch apply topsoil and seeding of lawn as needed.

• Level out, rake, and reseed area around roadways or parking area, as needed, which were damaged by snow removal operations the prior winter.

7.1.2: Edging

All sidewalks, curb lines, concrete slabs and planting bed edges shall be mechanically edged to maintain a neat, clean appearance. Plant beds and tree rings shall be edged two times between April 1 and August

31 of each year. Sidewalks curb lines and concrete slabs shall be edged once per month from April to

October each year.

All edging debris shall be swept, blown clean, and otherwise disposed of. This shall be reflected in your unit price for edging.

7.1.3: Install Dark Hardwood Mulch

Vendors shall provide a labor only quote to install hardwood mulch, applied at a depth of 2-3 inches in all beds and tree rings on the property between April 15 and June 30 Annually. An allowance is indicated on the pricing spreadsheet to cover the material costs. Vendors shall present samples of mulch to the

District Facilities Program Administrator or their designated representative for final selection prior to installation of hardwood mulch at the sites. Vendor will provide the Department with actual invoices for the product purchased to verify markup percentage. If the product selected by the Department is expected to exceed the allowance in the contract, the vendor shall provide a quote for the mulch materials to the District Facilities Program Administrator or their designated representative for approval prior to commencing work.

At the end of mulch installation, walks and curbs adjacent to work areas that are used for bulk storage are to be swept or blown clean.

7.1.4: Pesticide Application to Plant Materials, Trees, and Shrubs

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Prior to initiation of service, the contractor shall conduct a thorough initial inspection of each site and submit to the District Facilities Program Administrator or their designated representative, a written, systematic, and comprehensive Pest Control Plan for each site following the initial inspection. Upon receipt of the Pest Control Plan, the District Facilities Program Administrator or their designated representative will render a decision. If aspects of the Pest Control Plan are incomplete or disapproved, the Contractor shall submit revisions in a timely manner. The Contractor shall initiate services outlined in the terms and conditions of the contract following notice of approval.

The Pest Control Plan shall, at a minimum, include:

• Proposed methods for control, including labels and Material Safety Data Sheets (MSDS) for all pesticides to be used

• A proposed pest population level referred to as a predetermined tolerance threshold, if thresholds exist for the targeted pest

• A service schedule for each site

• A copy of the Pesticide Applicator Certification for every Contractor's representative who will be performing on-site service under contract

• Cost per recommended service including labor and materials

The Contractor shall not apply any pesticide product that has not been included in the Pest Control Plan or approved in writing by the District Facilities Program Administrator or their designated representative.

Pesticide application shall be according to need and not by schedule. As a rule, application of pesticides shall not occur unless visual inspections or monitoring devices indicate the presence of pests in that specific area.

Preventive pesticide treatments of areas determined to be at high risk for infestation by weeds, insects, or disease, through inspection at the onset of the program or as part of a maintenance program, are acceptable.

Products are to be applied by an applicator licensed by the Ohio Department of Agriculture in the appropriate category and in accordance with all applicable rules and regulations.

7.1.5: Weeding

Vendors shall remove all weeds in flower beds, tree rings, artwork, sidewalks, curbs, gutters, and islands in the parking lot weekly or as the weeds emerge between April 1 and November 30 annually. Dispose of weeds off-site. Pre and post-emergent herbicides may be used at the vendor's option. Plant material, other than weeds, killed by application of herbicides will be replaced at the vendor’s expense. The cost of all weed control work shall be included in the Pest Control Plan pricing. This task will only be considered complete when weeds from all beds, tree rings, artwork, sidewalks, curbs, gutters, and islands in the parking lot are removed. Inspections by the District Facilities Program Administrator or their designated representative will be performed to determine if this task has been completed in accordance with the Pest Control Plan.

7.1.6: Turf Management

7.1.6.1: Fertilizer Application to Turf

Upon request by the District Facilities Program Administrator or their designated representative, and prior to any application of fertilizer, contractor shall take representative soil samples from each site and have them professionally analyzed to establish baseline soil conditions. From the baseline soil condition reports, the vendor shall develop a written, systematic, comprehensive turf fertilization program that results in a hearty, weed, insect and disease-free lawn. Contractors shall submit the same to the District

Facilities Program Administrator or their designated representative for review and approval.

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The program shall, at a minimum, include:

• Soil analysis reports for each site

• Recommended soil amendment(s) frequency and schedule

• Recommended fertilization frequency and schedule

• Recommended fertilizer composition for each application

• Cost per application including labor and fertilizer required based on the bid hourly rates and material markup percentage

Turf shall be fertilized at all sites as recommended by the results of the soil analysis and vendor experience and applied in accordance with all applicable rules and regulations, utilizing industry best practices by an applicator certified by the Ohio Department of Agriculture.

7.1.6.2: Aeration

Vendor shall perform Aeration of turf surfaces to remove turf soil plugs to a depth of 2 to 4 inches over the entire lawn using a piston driven aerator with 5/8-inch diameter core cutters. Aerator shall have up and down coring motion leaving clearly defined holes by pulling the cores from the soil. This task is to be performed during the early fall.

7.1.6.3: Mowing and Trimming

Vendor shall mow and trim lawn areas at all sites, at frequencies determined by vendor experience and actual turf growth, to assure the grass is maintained between three (3) and four (4) inches in height for approximately thirty (30) cuts per season between April 1 and November 30 annually. If conditions require more than the base thirty (30) seasonal cuts, the vendor shall provide additional cuts at the same bid rate upon prior approval from the District Facilities Program Administrator or their designated representative to provide the necessary service.

Keep all walkways, parking lots, entryways, courtyards, and heliport areas free of grass cuttings and debris.

Mow in direction to avoid blowing cuttings onto parked cars. (Notify District Facilities Program

Administrator or their designated representative of mowing schedule so cars can be moved if necessary).

Trimming of grass shall take place within two (2) days of mowing and as needed to keep a neat edge between the buildings, fences, and the lawn. Fence line trimming may require the application of chemical treatment to control growth.

Vendors shall remove prior to and during mowing all litter, fallen leaves and branches weekly during the period from April 1 to November 30 annually.

Rake leaves from all walkways, parking lots, entryways, and courtyards weekly during the period of April 1 to November 30. The contractor is responsible for removing leaves, limbs, twigs, and debris from site.

Note: Mowing shall not be performed when it is raining or if the grass is still wet. Not more than 1/3 of the total blade shall be removed during any single mowing event. During droughts, lawns will not be mowed unless requested by the appropriate district Facilities Maintenance Supervisor or their designated representative.

7.1.7: Plantings Management

The Contractor shall utilize best management practices for the management of all plantings on site. A licensed Arborist employed by the company will be expected to annually assess soil conditions to identify any potential problems that may cause harm to plantings such as soil compaction, contamination, trenching or digging near the plantings.

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The Contractor shall develop a schedule of monitoring and maintaining plants, using appropriate monitoring and maintenance techniques. Visual inspections should also be conducted during routine maintenance activities.

The Contractor will be responsible for removing pruned and/or fallen branches from the site.

The licensed Arborist shall be responsible for developing and implementing a written, systematic, comprehensive planting management program of pruning, hazard management, cabling, bracing and treatment of wounds that is appropriate for the long-term goals of the facility and consistent with accepted arboriculture practices that results in visually appealing, healthy, physically manageable, appropriately sized, insect and disease-free plantings. Prior to initiation of service, the contractor shall submit same to the District Facilities Program Administrator or their designated representative for review and approval. Pricing for management of plants shall be bid and paid per month. All monthly required services as outlined in the program shall be executed to receive approval for payment.

7.1.7.1: Perennial Plantings

Planting of Perennial flowers shall be performed in the fall of each year and completed no later than

October 10 annually. A list of all perennials shall be provided to the District Facilities Program

Administrator or their designated representative for pre-approval before purchasing. Contract allowance of up to $1000 per year.

7.1.7.2: Annual Plantings

Planting of Annual flowers shall be performed in the spring of each year; no later than May 20 annually. A list of all annual plants shall be provided to the District Facilities Program Administrator or their designated representative for pre-approval before purchasing. Contract allowance of up to $1000 per year.

7.1.7.3: Shrub and Tree Removal/Replacement

Removal of existing dead trees and shrubs shall be completed on an as needed basis with replacement being minimum 2” caliber trees and 3-5-gallon shrubs. All replacement trees and shrubs shall be pre-approved by the District Facilities Program Administrator or their designated representative before purchasing and replacement. Contract allowance of $500 per year when needed.

7.1.8: End of Season Cleanup

Execute end of season cleanup of each site in preparation for winter between November 15 and

December 15. The cleanup may be done by manual raking, vacuuming, or equipment mounted devices used for this type of cleanup. Minimum services required are as follows:

• Cleaning/Raking of lawn area to remove leaves and debris. The contractor is responsible for removing leaves, limbs, twigs, and debris from site.

• Trimming/pruning of bushes, shrubs, hedges, ornamental trees, ornamental grasses and or brush. The contractor is responsible for removing leaves, limbs, twigs, and debris from site.

• Spot thatch apply topsoil and seeding of lawn as needed.

• Level out, rake, and reseed area around roadways or parking area, as needed, which were damaged by snow removal operations the prior winter.

7.2: Site #2 Services

7.2.1: Mowing and Trimming

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Vendor shall mow and trim lawn areas at all sites, at frequencies determined by vendor experience and actual turf growth, to assure the grass is maintained between three (3) and four (4) inches in height for approximately thirty (30) cuts per season between April 1 and November 30 annually. If conditions require more than the base thirty (30) seasonal cuts, the vendor shall provide additional cuts at the same bid rate upon prior approval from the District Facilities Program Administrator or their designated representative to provide the necessary service.

Keep all walkways, parking lots, entryways, courtyards, and heliport areas free of grass cuttings and debris.

Mow in direction to avoid blowing cuttings onto parked cars. (Notify District Facilities Program

Administrator or their designated representative of mowing schedule so cars can be moved if necessary).

Trimming of grass shall take place within two (2) days of mowing and as needed to keep a neat edge between the buildings, fences, and the lawn. Fence line trimming may require the application of chemical treatment to control growth.

Vendors shall remove prior to and during mowing all litter, fallen leaves and branches weekly during the period from April 1 to November 30 annually.

Rake leaves from all walkways, parking lots, entryways, and courtyards weekly during the period of April 1 to November 30. The contractor is responsible for removing leaves, limbs, twigs, and debris from site.

Note: Mowing shall not be performed when it is raining or if the grass is still wet. Not more than 1/3 of the total blade shall be removed during any single mowing event. During droughts, lawns will not be mowed unless requested by the appropriate district Facilities Maintenance Supervisor or their designated representative.

7.3: 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 the 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.

7.4: Sign in and Sign Out

Vendor personnel must sign in upon arrival at the Facility and must sign out upon departing. It shall be the responsibility of the Vendor to coordinate with the District Facilities Program Administrator or designated representative on a procedure for the Vendor’s personnel to follow when entering or leaving the District facilities. The Vendor’s personnel shall leave a copy of the work/service ticket with the District

Facilities Program Administrator or designated representative which identifies work performed for the visit.

The sign in and sign out records may be used in the verification process for approval of any invoices for payment.

Section 8: Outside Scope of Service

Any work outside the scope of service of these specifications found to be necessary for the safety, operation and/or regulatory compliance of the systems and associated components of this contract shall

Rev. 05/27/2025 8 be brought to the attention of the District Facilities Program Administrator or their designated representative immediately. The vendor shall submit a proposal 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

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’s 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 bidder(s) will perform work amounting to not less than ninety (90) 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 more than ten (10) percent 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. Vendor will be fully responsible for making all subcontractor payments and ensuring that subcontractors follow all laws, rules, safety procedures and ODOT requirements as though they were the

Vendor.

Section 11: Permits

Any permits required for work performed in accordance with this contract by the authority having jurisdiction shall be obtained by the vendor and will be reimbursed by the Department at cost.

Section 12: Workmanship and Responsibility

The Vendor shall always provide and utilize Personal Protective Equipment (PPE) as appropriate. 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 half sleeves, full-length pants, and protective footwear. Light footwear such as, but not limited to, tennis shoes, sandals, etc. shall

NOT be worn.

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The awarded vendor(s) shall be responsible for any act or neglect of their employees when performing work under this contract. The contractor’s employees shall observe the rules and regulations of the facility when engaged in work under this contract on the facility’s premises and those adjacent private or public properties.

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.

Removal and proper disposal of all material, including, but not limited to, oil, fluids, materials, and supplies, shall be the responsibility of the vendor and must be done in compliance with all State laws and regulations. The vendor will be required to provide a manifest to show oils and fluids were disposed of in accordance with State requirements when applicable.

Section 13: Invoicing Requirements

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

If satisfactory work is performed, the vendor shall receive monthly payments within thirty (30) days for work completed and accepted as satisfactory and in accordance with these specifications. Payment shall be based on the per occurrence rate bid times the number of occurrences performed in the month, as noted on purchase order. The bid rate shall be the total cost for each occurrence of services provided as specified.

Two (2) copies of each invoice must be sent to the Ohio Department of Transportation, District 11 electronically or by mail at the address below. Vendors must provide on each invoice the purchase order number for the work performed, a description of the work performed, and date(s) performed.

ODOT District 11 Facilities

Attn: Shannon Blocker

2201 Reiser Avenue S.E.

New Philadelphia, OH 44663-3333 shannon.blocker@dot.ohio.gov

330-308-3910

The vendor shall be notified within five (5) business days of any work deemed unsatisfactory. The vendor is expected to return to site to remedy such areas prior to acceptance of invoice for services.

In the event of contract termination, payment in full for services rendered shall be based on each occurrence where work performed and accepted as complete and satisfactory in accordance with these specifications.

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. If payment is made by purchasing card, the vendor shall submit an original, proper invoice by standard mail or electronically to the contact listed above. To be a proper invoice, the invoice must include the following information:

• Vendor name, address and contact information

• The ODOT purchase order number authorizing the delivery of products and/or services mailto:shannon.blocker@dot.ohio.gov

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• Contract number pursuant to the deliverable

• A description of what the Vendor delivered, including, as applicable, the time, unit price, quantity, and total price of the products and/or services

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

Section 14: 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 the twenty percent (20%) of the amount invoiced or fifty dollars ($50.00), whichever is less.

Section 15: Pricing

Vendors shall submit pricing F.O.B. the locations provided, all in accordance with the specifications, terms, and conditions. Pricing shall be guaranteed firmly for the contract’s duration.

• Vendors shall enter individual unit pricing for each service requested in WHOLE DOLLAR AMOUNTS

ONLY. The unit price will automatically be multiplied by the Maximum Quantity to give a Line Item

Total cost. All Line Item Total costs will be added together to determine the lump sum price for all services to be completed during the term of the contract.

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DISTRICT 11 HEADQUARTERS SITE PLAN

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DISTRICT 11 OLD TUSCARAWAS COUNTY GARAGE SITE PLAN

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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

Rev. 05/27/2025 15 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 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.

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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.

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

Rev. 05/27/2025 17 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 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

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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.

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

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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…