309-26_Boring___Jacking_Operations_Spec__10_29_25___Final.pdf

ITB 309-26 Jacking and Boring Services 10 / 29 / 25

REQUIREMENTS/SPECIFICATIONS

Section 1: Intent

The purpose of this invitation is to establish pricing for a “Jacking & Boring” operation.

Section 2: Multiple Award

Due to the nature of the items and services required or when a specific job is to be performed, the Department will accept all responsive bids submitted on or before the specified bid opening date and make an award to all responsive bidders. Therefore, this invitation constitutes a multiple award as set out in Section 5513.02 of the Ohio Revised Code.

As needs arise, Districts will review a tabulated list of the multiple awarded vendors who submitted a bid, and determine the vendor deemed to have the lowest responsible cost to the Department. An award does not guarantee that your company will receive a purchase order during the term of this contract, or that material will be released against an issued purchase order.

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: 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

2.1: Purchasing Off Contract Activity

ODOT reserves the right to utilize its direct purchasing authority to obtain services from other sources off contract when all contract Vendor(s) are unable to meet the requirements of this contract.

Section 3: 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.

mailto:documents@esign.ohio.gov https://ohiopays.ohio.gov/

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District 1 – Lima District 7 – Sydney

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 4: Multiple Plant/Facility Locations

Multiple plant or facility locations owned and operated by same vendor may be submitted in the same bid package. A separate pricing sheet must be submitted for each plant or facility location.

Section 5: Contract Duration

The effective duration of this agreement shall be from Date of Execution through November 30, 2026.

Section 6: Terms and Conditions

6.1 Description: Installation of Suitable Steel Casing or Approved Equivalent.

The type of casing to be installed will be ungalvanized steel casing conforming to

748.06 of the current Construction and Materials Specifications Book. The diameter of the steel casing will vary by location. The range of diameters will be from a minimum of 12 inches up to and including 60 inches. The wall thickness will be (1/2) inch thick, as specified in 748.06. Joints will be circumferentially fully penetrating B-U4B welds that are performed by an approved field welder. No hydrostatic testing is required. The pricing page will provide the entire range of diameters to be considered.

The vendor shall be responsible for following the current Construction and Material Specifications (C&MS) and current Supplemental Specifications at the time of award.

Payment of each project will be separated into five categories.

- Installation of the steel casing or approved equivalent, inclusive of all incidentals.

- Staging area setup, including any incidentals required to establish the inlet and outlet location for the installation of the steel casing.

- Mobilization

- Maintenance of Traffic Control

- Seeding and Mulching

6.2 Project Requirements: ODOT will provide the lowest responsive vendor with the following information:

- Proposed inlet and outlet location.

- Proposed inlet and outlet elevation.

- Proposed limits of the disturbed footprint.

- Limits shall remain under 1 acre, unless authorization is granted by the District Environmental Coordinator.

- Proposed horizontal and vertical alignment of the bore.

- Proposed staging area location. Considered the location where the jacking will take place.

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- Quantity of materials to be excavated for staging area and foreslopes, when necessary.

- Proposed diameter of steel casing. This diameter is the diameter of the final product installation.

- Proposed Maintenance of Traffic Control Limits

The lowest responsive vendor shall review the information above and provide their method of operation. Any issues with the proposed information provided above shall be addressed and resolved. In addition to the list of items provided to the vendor by ODOT, the following information shall be provided to ODOT by the lowest responsive vendor. Upon receipt of the following, any questions shall be addressed, and resolved (including MOT as discussed in Section 6.6). ODOT will consider the lowest responsive vendor the awarded vendor after review and resolution of this submittal.

- Proposed diameter of bore.

- Proposed composition of casing lubrication, which shall include a bentonite slurry or an approved equivalent material.

- Proposed drilling fluid pressure and flow rates.

- Proposed pull back rate.

- Proposed method of tracking the line and grade of bore.

- Proposed average depth of pit(s)/trench(es) where necessary.

- Proposed method of disposal for excavated materials, including location.

- Proposed method of grouting, grouting plan, and grouting materials.

- Proposed method of welding and certification of welder(s).

- Welder must be certified per AWS D1.1 for pipe welding

- Proposed equipment for maintenance of traffic setup. See section 6.6.

- Proposed staging area requirements for jacking equipment. (i.e. Kicker wall, etc.)

- Potential disturbed footprint modification due to equipment needs.

- Proposed method for sealing abandoned culvert.

- Proposed Maintenance of Traffic Control.

NOTE: All materials utilized on this project shall be submitted for review and acceptance prior to begin of work on each project. If a material is not accepted, the vendor may submit an alternate material for acceptance or be prepared to utilize a material from the ODOT Qualified Products List.

6.3 Construction Requirements:

The awarded vendor shall comply with all OSHA requirements.

If workers are required to enter confined spaces, the vendor is required to provide a site-specific health & safety plan and OHSA compliant confined space entry plan.

When necessary, follow 1910.146 “Permit Required Confined Spaces”.

The awarded vendor shall not exceed the proposed footprint. If the footprint is requested to be modified, it shall be at the discretion of ODOT.

During the staging area setup, if it is necessary to excavate along the foreslope at the inlet or outlet end or level the staging location, the vendor will be responsible for properly disposing of or storing excavated materials for the duration of the project.

If it is necessary to prepare additional support for bracing the jacking equipment in the form of a rigid support/push wall or similar, the vendor shall include all materials and additional equipment in the staging area setup under the site modification section of the pricing page.

When necessary, the awarded vendor shall create suitable pits or trenches at the inlet

Rev. 05/27/2025 4 or outlet points of the operation. Trench boxes or approved equals shall be utilized where necessary to prevent caving.

Where jacking & boring is required under roadways, railroads, streets, or other facilities, the boring shall not alter the existing conditions of the roadbed, structure, or other surroundings for the entire length of operation.

No excavation or disturbance of the existing base, sub-base, roadway pavement, paved shoulder, or unpaved median shall occur.

During the project duration, the awarded vendor shall monitor the jacking and boring process for excessive removal of materials and any other indicators that could lead to settlement issues. Upon observing these conditions, they shall immediately stop operations and notify ODOT. The awarded vendor and ODOT shall agree on an acceptable method to correct the area of concern before proceeding.

During the boring operation, if the awarded vendor encounters unexpected foreign materials or materials that require a more aggressive boring head, the awarded vendor will notify ODOT. ODOT and the awarded vendor shall assess the current condition and determine if an alternative boring head is to be utilized.

When an alternative boring head is determined necessary, the awarded vendor shall be compensated at the $/LF of the new boring head for the distance the alternate boring head is required.

During the boring operation, if it is determined that a section of the boring will need to be “hand- mined”, the vendor will be compensated a fixed cost for each foot

The Ohio Utilities Protection Services (OUPS) shall be contacted and all utilities identified within the work zone. It is the vendors responsibility to contact O.U.P.S. and provide ODOT with proper documentation.

When necessary to complete the work, provide a self-contained, continuously agitating, thoroughly mixing, boring fluid system capable of delivering boring fluids as needed during the installation of the steel casing.

The awarded vendor shall provide the following daily documentation to ODOT.

- Daily logs of drilling fluid pressure, flow rates, and grouting pressure

- Certify that each weld is complete, water-tight and continuous.

- Daily log of quantities and materials

- Daily log of personnel and equipment on project, including hours of operation/idle time.

- Monitor, document, and notify ODOT of any issues during the jacking or boring operations.

Upon completion of the boring process, the process of filling and sealing the abandoned pipe shall take place, if requested by ODOT. The material to fill the abandoned pipe shall be grout or an approved equivalent. This material must be listed on the ODOT approved list.

Any materials used are subject to standard field testing, and shall meet or exceed the ODOT testing requirements. At a minimum, testing shall comply with ASTM requirements.

6.4 Site Conditions:

Erosion Control: When and where determined as necessary by the ODOT, the

Rev. 05/27/2025 5 awarded vendor/contractor will be responsible for providing temporary sediment and erosion control according to Supplemental Specification 832.

SS 832 can be found at the following link:

https://www.dot.state.oh.us/Divisions/ConstructionMgt/Specification%20Files/832_071 82025_for_2023.pdf

Upon completion of installation of the casing or approved equivalent, the awarded vendor will be responsible for site cleanup. This will include restoration of the staging area and foreslopes, and seeding and mulching for any disturbed soils.

6.5 Settlement:

No less than 30 days after completion of the project, the awarded vendor shall complete a follow up inspection, in the presence of the District Highway Management Administrator or assigned designee, to evaluate the project for settlement issues. The awarded vendor will be responsible for correcting any settlement issues that have occurred as a result of the jacking or boring operation.

6.6 Maintenance of Traffic:

The maintenance of traffic for this project may be completed by ODOT or the awarded vendor, or a combination of both. ODOT will determine which of the methods will be utilized.

ODOT may setup and maintain traffic control, as well as providing flagger(s) or requesting the vendor supply flagger(s), when necessary.

ODOT will require the vendor to setup and maintain traffic control as well as providing flagger(s), when necessary.

When the awarded vendor is requested to perform any or all portions of maintenance of traffic, the following will apply.

- Since details of traffic control for each project can vary, and when determined necessary by the ODOT standards, the vendor will be responsible for erecting the maintenance of traffic control. The awarded vendor shall provide ODOT with a proposed list of equipment, materials, etc., that may require extending or changing the normal maintenance of traffic control for the proposed work. Upon erecting the traffic control, and agreement by ODOT that the traffic control meets the requirements for the given project location, the awarded vendor may begin work.

- Once the initial maintenance of traffic control is determined, the awarded vendor must notify ODOT of any changes to the work area or additional equipment that may require modifications to traffic control. The requested modifications must be per ODOT standards.

- The vendor shall maintain the traffic control for the duration of the project and will supply flagger(s) when necessary. In the event that it is necessary for the vendor to supply flagger(s) for a site, they will be required to follow all flagging related operations/techniques as described in the most current standard drawings, Ohio MUTCD, and Traffic Engineering Manual. Consult with District Traffic Engineer if you should have any questions. A separate line item will be provided on the pricing sheet for Maintenance of Traffic setup and flagger rates.

https://www.dot.state.oh.us/Divisions/ConstructionMgt/Specification%20Files/832_07182025_for_2023.pdf https://www.dot.state.oh.us/Divisions/ConstructionMgt/Specification%20Files/832_07182025_for_2023.pdf

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- Refer to MT 101.90, Ohio MUTCD, and District Traffic Engineer or assigned designee for MOT or flagging related operations/techniques.

- The Maintenance of Traffic is separated into three pricing categories.

o A lump sum to setup and maintain the work zone, without request for PCB.

o A linear foot price when PCB, portable concrete barrier, is requested.

o An hourly rate for flagger(s)

6.7 Mobilization:

The awarded vendor shall provide a mobilization cost for each District. All necessary incidentals, including flagging for mobilizing equipment, shall be included in the lump sum cost for this item. The mobilization cost will apply to any project located within the District.

6.8 Method of Measurement: Linear Feet

6.9 Basis of Payment:

Linear Foot of pipe installed. Cubic Yards of Grout or Approved Equivalent.

Cubic Yards for excavation. Lump Sum for Staging Area Equipment Setup.

Lump Sum Mobilization. Linear Foot of PCB when requested.

Square Yards for Seeding and Mulching Dollars per Hour per Flagger required.

Section 7: Prevailing Wages

When the project exceeds the prevailing wage threshold levels, this contract is subject to Ohio Prevailing Wage Laws, Chapter 4115 of the Ohio Revised Code and the vender 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 following links will provide information on prevailing wage requirements, rates and laws.

Prevailing Wage Threshold Levels Link Prevailing Wage Threshold Levels | Ohio Department of Commerce

Prevailing Wage Information about Ohio’s prevailing wage laws.

https://ohio.gov/wps/portal/gov/site/jobs/resources/prevailing-wage

Prevailing Wage on State Projects with NO Federal Aid(PN 060 – 04/20/2018) https://www.dot.state.oh.us/Divisions/ConstructionMgt/Specification%20Files/PN060_0 4202018_for_2023.pdf https://com.ohio.gov/divisions-and-programs/industrial-compliance/wage-and-hour/guides-and-resources/prevailing-wage-threshold-levels https://ohio.gov/wps/portal/gov/site/jobs/resources/prevailing-wage https://www.dot.state.oh.us/Divisions/ConstructionMgt/Specification%20Files/PN060_04202018_for_2023.pdf https://www.dot.state.oh.us/Divisions/ConstructionMgt/Specification%20Files/PN060_04202018_for_2023.pdf

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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.

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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 10 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.

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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.

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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

Rev. 05/27/2025 15 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. If necessary or appropriate, the matter may be referred to the Inspector General, the Ohio Attorney General and/or the Ohio Ethics Commission for resolution.

F. TRADE. The Contractor warrants that the Contractor is not subject to an unresolved finding for recovery pursuant to Section 9.24 of the Ohio Revised Code. If the warranty is false on the date the parties signed this Contract, the Contract is void ab initio, and the Contractor shall immediately repay any funds paid under this Contract.

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

H. DRUG FREE WORKPLACE. The Contractor agrees to comply with all applicable state and federal laws regarding drug-free workplace and shall make a good faith effort to ensure that all Contractor employees, while working on ODOT property or performing work on behalf of ODOT, will not purchase, transfer, use, be

Rev. 05/27/2025 18 under the influence of, or possess illegal drugs, non-medical cannabis (recreational marijuana), or alcohol, or abuse prescription drugs or medical marijuana in any way.

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

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

J. PROHIBITION OF THE EXPENDITURE OF PUBLIC FUNDS FOR

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

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

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

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

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

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

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

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

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

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

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

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

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

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N. TAXES. Pursuant to Section 5739.02 of the Ohio Revised Code, ODOT is exempt from sales tax. Pursuant to Section 5741.02(C) of the Ohio Revised Code, the State is exempt from use tax.

O. TRADE. Pursuant to Section 9.76(B) of the Ohio Revised Code, Contractor warrants that Contractor is not boycotting any jurisdiction with whom the State of Ohio can enjoy open trade, including Israel, and will not do so during the Contract period.

The State of Ohio does not acquire goods or services that cannot be imported lawfully into the United States or transact business with any entity or individual subject to financial sanctions imposed by the United States.

The Contractor certifies that it, its subcontractors, and any agent of the Contractor or its subcontractors, will acquire any goods or services in accordance with all trade control laws, regulations or orders of the United States, including the prohibited source regulations set forth in subpart 25.7, Prohibited Sources, of the Federal Acquisition Regulation and any sanctions administered or enforced by the U.S. Department of Treasury’s Office of Foreign Assets Control. A list of those entities and individuals subject to sanctions can be found at https://home.treasury.gov/policy-issues/financial-sanctions/specially-designated-nationals-and-blocked-persons-list-sdn-human-readable-lists. These sanctions generally preclude most transactions involving Cuba, Iran, and Sudan, and most imports from Burma or North Korea.

P. USE OF MBE AND EDGE VENDORS. Section 125.081 of the Ohio Revised Code requires State agencies to set-aside purchases for Minority Business Enterprises (MBE). Therefore, the State encourages the Contractor to purchase goods and services from Ohio certified MBE and EDGE vendors.

Q. LEGAL REPRESENTATION AND RIGHTS. The Ohio Attorney General is the chief law officer for the State of Ohio, its agencies, boards and commissions, and only the Ohio Attorney General has the authority to appoint outside legal counsel to represent ODOT. Contractor agrees that any provisions in this Contract or any documents incorporated by reference that provide or allow for outside legal representation to defend or settle claims on behalf of the State or provide for a third party to have sole control of a defense or settlement of a claim do not meet the requirements of state law and are considered stricken. Contractor also agrees that, unless specifically agreed to in writing by ODOT, any provisions that require or provide for a waiver of any legal rights, remedies, or litigation defenses (i.e., waiver of a jury trial) do not meet the requirements of state law and are considered stricken.

R. STATUTE OF LIMITATIONS. Statutes of limitations generally do not apply to actions brought by the State of Ohio and any such provisions in this Contract or in any documents incorporated by reference are considered stricken.

IV. CONTRACT CONSTRUCTION

A. TERM OF CONTRACT. The effective date of the Contract is the effective date stated in the Contract or the date the Contract is fully executed, whichever is later. The Contract will remain in effect until the earliest of:

(1) the ending date stated in the Contract; (2) the Contract is fully performed by both parties; (3) the Contract is canceled or terminated; or (4) the Contract expires at the end of a biennium unless continued by ODOT.

Notwithstanding the foregoing, the expiration or early termination of this Contract will not limit the Contractor’s continuing obligations with respect to Deliverables that the State paid for or ordered before the expiration or termination, or limit ODOT’s rights in such, including any warranty services, licensed material, paid subscriptions, the support or maintenance thereof, or other services.

This Contract may be renewed upon satisfactory performance of activities hereunder, appropriation of funds by the Ohio General Assembly, and at the sole discretion of ODOT. ODOT will issue a notice to the Contractor if ODOT decides to renew this Contract. The Contractor shall not obligate resources in anticipation of a renewal until notice is provided.

B. CONTRACT AMENDMENTS / WAIVER.

https://home.treasury.gov/policy-issues/financial-sanctions/specially-designated-nationals-and-blocked-persons-list-sdn-human-readable-lists https://home.treasury.gov/policy-issues/financial-sanctions/specially-designated-nationals-and-blocked-persons-list-sdn-human-readable-lists

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1. AMENDMENTS. No change to any provision of this Contract will be effective unless it…