312A-26__1_.pdf

Rev. 05/27/2025 1

ITB 312A-26 District 9 REBUILD and/or REPAIR: Guardrail / End Treatments / Attenuator Parts

REQUIREMENTS/SPECIFICATIONS

Section 1: Intent

The purpose of this invitation is to establish a term contract for:

1.1 Rebuilding and/or Replacement of Guardrail, End Treatments, and Attenuators

Pre-approved products as listed on the Office of Roadway Engineering’s website for the purchase of guardrail end treatments, impact attenuators, sand barrels and their associated repair parts.

https://www.transportation.ohio.gov/working/engineering/roadway/roadway

Only guardrail end treatments, impact attenuators, and sand barrels that are either listed on the approved products website or have been recently approved (but not yet showing up on the website) by ODOT at the time of the bid opening will be considered for award.

Provide pricing for the repair, installation, removal, etc. of guardrail, end treatments, or attenuator.

Section 2: Multiple Award

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

Section 3: Contract Duration

The effective duration of this agreement shall be from:

• Date of Execution through June 30, 2026.

All pricing submitted shall be valid for the entire duration of this agreement.

Section 4: Guardrail and Attenuators Installation/Replace/Repair Terms and Conditions

General Description

This project is a district wide guardrail repair and/or replacement project, with possible work in each of the counties located in and District 9 (Adams, Brown, Highland, Jackson, Lawrence, Pike, Ross, and Scioto).

The main intent of this project is to repair and/or replace damaged guardrail, bridge rail, assemblies, etc. to attain a fully functional barrier system.

The location and estimated amount of rail to be replaced, at each location, shall be furnished to the district project coordinator(s) by the District 9 Highway Management Department. The contractor shall not perform any guardrail work until they receive authorization from the district project coordinator(s). This authorization shall be in the form of a "work order". The project coordinator(s) shall furnish to the contractor a completed and signed "work order", for each location, before the contractor may commence work.

Project coordinator for the duration of the contract, unless otherwise specified shall be:

Rex Leist, District 9 Roadway Services Manager

Rex.Leist@dot.ohio.gov.

https://www.transportation.ohio.gov/working/engineering/roadway/roadway mailto:Rex.Leist@dot.ohio.gov

Rev. 05/27/2025 2

(p)740-774-9050

The work order shall be completed within 30 days (unless a mutually agreed extension is determined) from the date that the contractor receives the work order. If there is uncompleted work or the contractor is in possession of unfulfilled work orders, the contractor shall actively pursue the completion of the work/work orders or be subject to the termination of the contract.

Public Safety

Before work begins, the contractor shall submit to the engineer the names and telephone numbers of persons who can be contacted 24 hours a day by the Ohio Department of Transportation and all interested law enforcement agencies. The contractor shall be responsible for placing or replacing traffic control devices necessary to maintain safety to the traveling public. No hazard shall be left without guardrail except for the minimum time necessary for removal, grading and reinstallation. The permanent guardrail shall be erected and the anchor assemblies shall be held rigidly in place at the ground surface prior to permanent attachment, in a manner acceptable to the engineer.

ODOT Roadway Plan Insert Sheets

Roadway plan insert sheets are to be incorporated into this parts and service, as directed by the engineer, when applicable for the maintenance of any Type 5 or MGS guardrail run. Roadway plan insert sheets may be found at:

http://www.dot.state.oh.us/Divisions/Engineering/Roadway/DesignStandards/roadway/Pages/RoadwaySt andardsRoadwayPlanInserts.aspx

Underground Utilities

Extreme caution should be exercised in areas with underground water lines, drains, cables, sewers or other utilities. The contractor is fully responsible for all damage inflicted on utilities in the execution of this contract.

Sections 105.07 and 107.16 of the department of transportation construction and materials specifications require, among other things, that the contractor cooperate with all utilities located within the limits of this construction project and take full responsibility for the protection of the utility property and services.

The contractor shall be responsible for contacting any utilities that may be affected by the work performed for this contract. The contractor shall notify the utilities sufficiently before work begins so that the companies can locate and mark the location of their facilities before any excavation or post driving begins. The contractor shall also locate and avoid underground drainage pipes not associated with a particular utility company.

If any conflicts occur the engineer shall determine whether the position of the guardrail can be adjusted to avoid the utility or if relocation of the utility will be required.

Section 5: GUARDRAIL

Item 606 Guardrail Rebuilt

This item shall include all labor, materials, and equipment necessary to remove and replace damaged rail elements (only the rail is replaced) as directed by the engineer and in accordance with plan insert sheet gr-

1.1 or standard drawing mgs-1.1. Furnish new rail elements, bolts, washers, and incidental hardware (including splice bolts) to complete the guardrail. Replacement of any damaged posts or blockouts will be paid for separately. Also, this item will be used to realign guardrail runs, as directed by the engineer.

Payment shall be at the unit price bid.

ITEM 606, GUARDRAIL REBUILT, TYPE 5 (FT)

ITEM 606, GUARDRAIL REBUILT, TYPE MGS (FT)

http://www.dot.state.oh.us/Divisions/Engineering/Roadway/DesignStandards/roadway/Pages/RoadwayStandardsRoadwayPlanInserts.aspx http://www.dot.state.oh.us/Divisions/Engineering/Roadway/DesignStandards/roadway/Pages/RoadwayStandardsRoadwayPlanInserts.aspx

Rev. 05/27/2025 3

Item 606 Guardrail (Complete Replacement)

These items shall include all work necessary to replace Sections of damaged or deteriorated guardrail with type specified on the work order as directed by the engineer.

These items shall include replacing guardrail, blockout(s), post(s) and associated hardware within the length designated for replacement.

It is the intent to match posts in the guardrail runs with like posts (that is wood post for wood and steel post for steel).

All materials shall be new. A quantity has been provided for the removal of the damaged guardrail. Payment shall be at the unit price bid.

ITEM 202, GUARDRAIL REMOVED (FT)

ITEM 606, GUARDRAIL, TYPE 5 (FT)

ITEM 606, GUARDRAIL, TYPE 5, USING 9 FOOT POSTS (FT)

ITEM 606, GUARDRAIL, TYPE 5A (FT)

ITEM 606, GUARDRAIL, TYPE MGS (FT)

ITEM 606, GUARDRAIL, BARRIER DESIGN, TYPE 5 (FT)

ITEM 606, GUARDRAIL, LONG-SPAN (FT)

Item 606 Replace Existing Guardrail Blockout (Remove and Replace)

This item shall include all labor, materials, and equipment necessary to remove and replace damaged blockouts as directed by the engineer and in accordance with plan insert sheet GR-2.1 or standard drawing MGS-2.1. Blockouts must be on the approved ODOT list.

ITEM 606, REPLACE EXISTING GUARDRAIL BLOCKOUT (EACH)

ITEM 606, REPLACE EXISTING GUARDRAIL BLOCKOUT, TYPE MGS (EACH)

Item 606 Guardrail Posts (Remove and Replace)

This item shall include all labor, materials, and equipment necessary to remove and replace damaged posts as directed by the engineer and in accordance with plan insert sheet GR-1.1 or standard drawing MGS-

1.1. Posts must be on the approved ODOT list. The contractor shall match posts in the guardrail runs with like posts (that is wood post for wood and steel post for steel).

ITEM 606, GUARDRAIL POST (EACH)

ITEM 606, GUARDRAIL POST, 9 FT (EACH)

ITEM 606, GUARDRAIL POST, STEEL (EACH)

Guardrail Post and Post Holes

All holes remaining after removal of guardrail posts or posts holes shall be filled with either granular material, excess material resulting from guardrail construction or excess material from berm reshaping. Fill material containing sod shall not be used. All fill Material shall be approved by the engineer. Material placed in holes shall be thoroughly compacted and leveled off as directed by the engineer. Payment for the above shall be included in the unit price bid for the applicable guardrail item.

Connection Between Existing and Proposed Guardrail

When it is necessary to splice proposed guardrail to Existing guardrail, only the existing guardrail shall be cut, drilled, or punched. The connection shall be made using a “w-beam rail splice” as shown in AASHTO M 180. Payment shall be included in the contract price for the Respective guardrail items and shall include any additional posts.

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Location of Guardrail

The guardrail provided in this plan and detailed in the "work orders" shall be located in the field to assure that the installation will afford the maximum protection for traffic. The face of the guardrail should not be located closer than 4 feet to the edge of the traveled lane, while, maintaining the minimum barrier clearance.

The following are the typical minimum clearances for guardrail:

Barrier Type Minimum Clearance Type

MGS 5' - 0"

Type 5 5’ - 6” Type 5a 3’ - 6” Type 5 barrier 5’ - 6” Type 5 w/tubular backup 2’ - 0”

The maximum slope in front of guardrail shall be 10:1. Embankment and/or reshaping berm shall be completed to meet this 10:1 maximum slope requirement. Anchor assemblies, except for type e, shall be flared, as directed by the engineer.

Item 606 Guardrail Misc.: Urgent Repair

In the event that a guardrail repair work order is designated "urgent repair" by the project coordinator, the contractor shall complete the work order within 72 hours after receipt of the work order. The intent of this item of work is to compensate the contractor for their cost to quickly respond to the urgent repair request within the 72 hours allotted.

The vendor will be paid for completing the work based on the standard rates for the type of repair/removal/replacement listed in their bid sheet. IN ADDITION, the “urgent repair” payment is additional compensation/payment for completing the work in the time described.

Section 6: ANCHOR ASSEMBLY

Item 606 Anchor Assemblies

These items shall include all equipment, material and labor necessary to replace any of the following anchor assemblies in accordance with their respective plan insert sheets (Type 5), standard drawings (Type MGS) or manufacturer's shop drawings, as directed by the engineer. A quantity has been provided for the removal of the damaged anchor assemblies.

ITEM 202, ANCHOR ASSEMBLY REMOVED (EACH)

ITEM 606, ANCHOR ASSEMBLY, TYPE A (EACH)

ITEM 606, ANCHOR ASSEMBLY, MGS TYPE A (EACH)

ITEM 606, ANCHOR ASSEMBLY, TYPE T (EACH)

ITEM 606, ANCHOR ASSEMBLY, MGS TYPE T (EACH)

Item 606 Anchor Assembly, Type B

This item shall consist of furnishing and installing any of the guardrail end terminals as listed on roadway engineering’s web page under roadside safety devices for approved guardrail end treatments. Installation shall be at the locations by the engineer, in accordance with the manufacturer’s specifications.

Refer to the manufacturer’s instructions regarding the installation of, and the grading around, the foundation tubes and ground strut. The top of any foundation tube should be less than 4 inches above the ground. The placement of the foundation tubes should be an appropriate depth below the level line in order to maintain the finished guardrail height of 27.75 inches from the edge of the shoulder.

Rev. 05/27/2025 5

On-site grading is required if the top of the foundation tubes or top of the ground strut does project more than 4 inches above the ground line. The face of the Type B impact head shall be covered with type g reflective sheeting, per CMS 730.19.

Payment for the above work shall be made at the unit price bid for item 606, Anchor Assembly, Type B, each, and shall include all labor, tools, equipment and materials necessary to construct a complete and functional anchor assembly system, including reflective sheeting and all related hardware, grading, embankment and excavation not separately specified, as required by the manufacturer.

Item 606 Anchor Assembly, Type E

This item shall consist of furnishing and installing any of the guardrail end terminals as listed on roadway engineering’s web page under roadside safety devices for approved guardrail end treatments. Installation shall be at the locations specified in the plans, in accordance with the manufacturer’s specifications.

The face of the Type E impact head shall be covered with a sheet of Type G reflective sheeting, per cms 730.19.

Refer to the manufacturer’s instructions regarding the installation of, and the grading around the foundation tubes and ground strut. The top of any foundation tube should be less than 4 inches above the ground. The placement of the foundation tubes should be an appropriate depth below the level line in order to maintain the finished guardrail height of 27.75 inches from the edge of the shoulder.

On-site grading is required if the top of the foundation tubes or top of the ground strut does project more than 4 inches above the ground line.

Payment for the above work shall be made at the unit price bid for Item 606, Anchor Assembly, Type E, each, and shall include all labor, tools, equipment, and materials necessary to construct a complete and functional anchor assembly system, including all related transitions, reflective sheeting, hardware, grading, embankment, and excavation not separately specified, as required by the manufacturer.

Item 606 Anchor Assembly Rebuilt, Type E

This item includes all work and equipment necessary to remove and replace all existing damaged components of the anchor assembly. Item shall include all labor, equipment, and materials necessary to replace existing damaged components of the assembly in accordance with ODOT approved manufacturers shop drawings.

This item includes the cost of all labor, equipment, and material to remove, replace and align damaged assembly. The intent of the item is to remove the existing damaged items and rebuild, to create a fully functional anchor assembly. Payment shall be at the unit bid price.

The intent of the below pay items is progressive damage to an end terminal. Pay items are (1) all damage occurring only from post 1 to post 3, and (2) all damage occurring and extends beyond post 3. (i.e., the extruder head of the Type E has rolled up the rail to post 5, the department would pay for pay item (2) only, beyond post 3.) Damage in excess of what can be reasonably rebuilt will be remove and replace.

ITEM 606, ANCHOR ASSEMBLY REBUILT, TYPE E, POST 1-3 (EACH)

ITEM 606, ANCHOR ASSEMBLY REBUILT, MGS TYPE E, POST 1-3 (EACH)

ITEM 606, ANCHOR ASSEMBLY REBUILT, TYPE E, BEYOND POST 3 (EACH)

ITEM 606, ANCHOR ASSEMBLY REBUILT, MGS TYPE E, BEYOND POST 3 (EACH)

Item 606 Anchor Assembly Rebuilt, Type B

This item shall be used to rebuild a damaged anchor assembly, type b. The unit bid price for each item listed below shall include all labor, materials and equipment necessary including all related hardware not separately specified.

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The intent of the items listed below is to remove the existing damaged items and rebuild, so as to create a fully functional anchor assembly, type b. The items listed below shall include all related hardware, (i.e.:

bolts, nuts, washers, screws, etc.) Not separately specified.

Item 606 Anchor Assembly Rebuilt, Type A

This item includes all work and equipment necessary to remove and replace all existing damaged components of the anchor assembly, (36" concrete anchor not included). Item shall include all labor, equipment, and materials necessary to replace existing damaged components of the assembly in accordance with plan insert sheet gr-4.1 (36" concrete anchor not included). This item includes the cost of all labor, equipment, and material to remove, replace and align damaged assembly.

Item 606 Guardrail Misc.: 25 Foot Rail Element Section (Type A Anchor)

This item of work shall include all labor, equipment and material required to remove and replace the 25-foot rail element section of the type A anchor assembly. This item will be used to repair damaged anchor assemblies type a when the rail element is damaged, but the posts remain intact. This item shall also include the terminal connector section if required. Minor straightening or tamping of posts may be required to facilitate installation.

Section 7: BRIDGE TERMINAL ASSEMBLY

Item 606 Bridge Terminal Assemblies

These items shall include all labor, materials, and equipment necessary to construct the bridge terminal assembly in accordance with the most recent/revised and related standard drawing, and as directed by the engineer. It is the intent to match posts in the Bridge Terminal Assembly with like posts (that is, wood posts for wood and steel posts for steel). A quantity has been provided for the removal of the damaged bridge terminal assembly.

Anchor Bolts

When removal of anchor bolts of damaged bridge terminal assemblies is necessary, the anchors shall be replaced with bolts extending through the bridge parapet, as directed by the engineer.

Section 8: IMPACT ATTENUATOR

Item 606 Impact Attenuator

These items shall include all labor, material, and equipment necessary to construct a complete impact attenuator in accordance with the most recent/revised shop drawings for the specific attenuator, as directed by the engineer. A quantity has been provided for the removal of the damaged impact attenuator.

Item 606 Impact Attenuator, Misc.: Rebuilt, Type 1 (Unidirectional or Bidirectional)

This item shall include all labor, equipment and materials required to remove all existing damaged components of the impact attenuator and reconstruct it as per manufacturer specifications. If the impact attenuator is damaged beyond salvage, remove and replace the entire impact attenuator. Refer to item 606 - impact attenuator, type 1 (unidirectional or bidirectional).

The intent of the items listed below is to remove the existing damaged items and rebuild, to create a fully functional impact attenuator, type 1 (unidirectional or bidirectional). All the components of the impact attenuator located between post #1 to Post #4 has been lumped into 1 item (excluding wood posts, wood blocks, foundation tubes and soil plates). All the components of the impact attenuator located between post #4 to post #6 have been lumped into 1 item (excluding wood posts, wood blocks, foundation tubes and soil plates). The items

Rev. 05/27/2025 7 listed below shall include all related hardware, (ie: bolts, nuts, washers, screws, etc.) Not separately specified.

ITEM 606 - IMPACT ATTENUATOR MISC.: REBUILT, TYPE 1 (ALL COMPONENTS POST #1 -

#4, EXCLUDING POSTS, BLOCKS, SOIL PLATES AND FOUNDATION TUBES)

ITEM 606 - IMPACT ATTENUATOR MISC.: REBUILT, TYPE 1 (ALL COMPONENTS POST #4 -

#6, EXCLUDING POSTS, BLOCKS, SOIL PLATES AND FOUNDATION TUBES)

ITEM 606 - IMPACT ATTENUATOR MISC.: REBUILT, TYPE 1 (4'-6" FOUNDATION TUBE)

ITEM 606 - IMPACT ATTENUATOR MISC.: REBUILT, TYPE 1 (1/4" x 18" x 24" SOIL PLATE)

ITEM 606 - IMPACT ATTENUATOR MISC.: REBUILT, TYPE 1 (3'-6" WOOD POST #1, 2, 3, 4, 5, 6 CAT)

ITEM 606 - IMPACT ATTENUATOR MISC.: REBUILT, TYPE 1 (WOOD BLOCK 1'-2" #1, 2, 3, 4, 5, 6 CAT)

Item 606 Impact Attenuator, Misc.: Rebuilt, Type 2 (Unidirectional or Bidirectional)

This item shall include all labor, equipment and materials required to remove all existing damaged components of the impact attenuator and reconstruct it as per manufacturer specifications. Refer to item 606 - impact attenuator, type 2 [unidirectional or bidirectional].

The intent of the items listed below is to remove the existing damaged items and rebuild, to create a fully functional impact attenuator, type 2 (unidirectional or bidirectional). The items listed below shall include all related hardware, (ie: bolts, nuts, Washers, screws, etc.) Not separately specified.

IMPACT ATTENUATOR MISC.: REBUILT, TYPE 2 (CARTRIDGE TYPE I)

IMPACT ATTENUATOR MISC.: REBUILT, TYPE 2 (CARTRIDGE TYPE II)

IMPACT ATTENUATOR MISC.: REBUILT, TYPE 2 (QUAD BEAM FENDER PANEL)

IMPACT ATTENUATOR MISC.: REBUILT, TYPE 2 (BELT NOSE ASSEMBLY)

Section 9: MISCELLANEOUS

Item 517 Bridge Railing Rebuilt

The following items shall include all labor, materials, and equipment necessary to remove and replace all damaged components of all types of bridge railing listed below, in accordance with each corresponding standard construction drawings: TST-1-99, DBR-2-73 & TBR-91.

ITEM 517 - RAILING (TWIN STEEL TUBE)

ITEM 517 - RAILING (DEEP BEAM RAIL WITH STEEL TUBULAR BACKUP AND TYPE 1 STEEL

POSTS AND ANCHOR BOLTS

ITEM 517 - RAILING (DEEP BEAM RAIL WITH STEEL TUBULAR BACKUP AND TYPE 2 STEEL

POSTS AND ANCHOR BOLTS

ITEM 517 - RAILING (THRIE BEAM RETROFIT)

Item 606 Special – Reshaping Berm

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Berms and shoulders at locations where existing guardrail is removed or where new guardrail is to be built shall be reshaped as directed by the engineer to insure a smooth surface free of all irregularities. Also, some locations may require reshaping for satisfactory surface between the guardrail and the edge of pavement without any other items being performed or less disruptive items such as adjusting height, removing extra anchor assembly posts, etc. Excess material resulting from reshaping berms shall be used elsewhere for this item.

Item 606 Guardrail Misc.: Tubular Backup

This item shall be used to rebuild a damaged guardrail, Type 5 with tubular backup. The bid item listed below shall include all labor equipment and material (plus any associated items required and not listed separately, (i.e., Hardware, splices, concrete encasement, posts, etc.) As shown in the details on plan insert sheet GR-2.2. The tubular backup may be field cut and welded to match field radius requirements. Length may be varied to match field radius requirements. Shop drawings are not required for any tubular backup so modified. Field galvanizing of the tubular backup is permitted.

ITEM 626 Barrier Reflectors

This item shall include all labor, materials and equipment necessary to install barrier reflectors in accordance with ODOT’s CMS section 626, and as directed by the engineer. Payment shall be made at the unit bid price for each barrier reflector installed (one way or bi-directional).

Section 10: MAINTENANCE OF TRAFFIC

Maintenance of Traffic

The vendor shall provide traffic control when/where requested. ODOT may utilize its own forces for traffic control when feasible. The ODOT will determine who is responsible for traffic control setup when services are requested.

All maintenance of traffic control requirements shall be followed, regardless of who sets up traffic control.

Refer to OMUTCD.

ITEM 614, MAINTENANCE OF TRAFFIC

Traffic shall be maintained at all times in accordance with the provisions of item 614 of the specifications.

Where all work activities are confined to the shoulder and no encroachment into the traveled lanes is necessary, the minimum traffic control shall be in accordance with figure 6h-3 of the Ohio manual of uniform traffic control devices.

When working on the narrow barrier median, traffic control shall be placed on both sides of the median and paid as two (2) of each appropriate pay items.

Any hazard during non-working hours shall be adequately protected with drums or barricades, or as directed by the engineer. Payment shall be at the unit bid price for only one traffic control set-up and traffic control removal at the same location. When any encroachment on the traveled lanes is necessary, the contractor shall place lane closures or use flagger control as appropriate, in accordance with the Ohio manual of uniform traffic control devices. Where multiple repair locations are in sufficiently close proximity that they can be included within one traffic control set-up, payment will be made for only one traffic control set-up for the repair of several areas except if the total amount of work exceeds that which can be practically accomplished during one normal day. Then payment will be made for additional setup on subsequent days.

Locations of this type shall be determined by the engineer.

Section 11 MOBILIZATION

ITEM 624 Mobilization (Each)

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The vendor shall be compensated for one mobilization per calendar day, per mobilization region (See pricing page Items 68 and 69) for the work completed.

i.e., If the vendor completes two work orders in one county(Item 68), and one work order in a second county(Item 68) on the same calendar day, the vendor will be compensated for one mobilization cost.

For the purpose of this contract item, the District will consider three regions.

• Region 1 – Adams, Brown, and Highland

• Region 2 – Lawrence and Scioto

• Region 3 – Jackson, Pike, and Ross

Section 12: Construction and Materials Specifications Handbook

Specifications as shown herein are incorporated into the ITB and made a part thereof are found in the Ohio Department of Transportation Construction and Materials Specifications (C&MS) current edition, and provisions of the current version of supplemental specification 800 which is in force at the time of the award.

To access current C&MS or Supplemental Specifications, follow the links below:

Construction and Material Specifications | Ohio Department of Transportation o For C&MS book

▪ Click on applicable version of ONLINE SPEC BOOK.

▪ Copies can be obtained by contacting the Office of Contracts.

• Contact information at link.

Pages - Proposal Notes, Supplemental Specifications, and Supplements (state.oh.us) o For Supplemental Specifications

▪ Click on applicable version of Proposal Notes and Supplemental Specs, and Supplements

▪ Scroll down and open 800

Section 13: Prevailing Wages

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 https://www.com.ohio.gov/documents/dico_prevailingwagethresholds.pdf

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://www.transportation.ohio.gov/working/publications/spec-book https://www.dot.state.oh.us/Divisions/ConstructionMgt/Pages/ProposalNotesSupplementalSpecificationsandSupplements.aspx https://www.com.ohio.gov/documents/dico_prevailingwagethresholds.pdf 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.

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

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

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

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

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

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

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

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

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

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

Confidential Data includes, but is not limited to:

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

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

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

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

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

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

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

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

Equipment may include vendor owned equipment billed at a specified rate or costs associated with rental of equipment specific to the contract.

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

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

II. QUOTE/BID RESPONSE REQUIREMENTS

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

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

C. SPECIFICATIONS: ODOT is authorized to prepare specifications to obtain goods, products, and services.

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

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

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

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

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

Rev. 05/27/2025 13 basis or by group. Vendors must ensure that unit prices are accurately provided for all items; the use of ditto marks, arrows, or other markings in lieu of entering actual unit prices may result in the offer being deemed non-responsive. Lot prices entered in the unit price area shall be considered as the unit price unless clearly labeled otherwise.

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

Any digits beyond the second decimal place will be disregarded and not used for rounding purposes in the evaluation or payment thereof.

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

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

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

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

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

2. Evidence of collusion among Vendors.

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

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

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

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

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

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

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III. REGULATORY CONTRACT REQUIREMENTS

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

B. APPROPRIATION OF FUNDS. Pursuant to Article II, Section 22 of the Ohio Constitution, ODOT’s funds are contingent upon the availability of lawful appropriations. If the General Assembly or any third party who is providing funding fails at any time to continue funding for the payments or any other obligations due by ODOT under this Contract, ODOT will be released from its obligations on the date funding expires. If appropriations are approved, ODOT may continue this Contract past the current biennium by issuing written notice of continuation to the Contractor. Any obligations of ODOT are subject to Section 126.07 of the Ohio Revised Code. The current General Assembly cannot commit a future General Assembly to a future expenditure.

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

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

3517.13 of the Ohio Revised Code.

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

E. CONFLICT OF INTEREST/ETHICS. The Contractor represents, warrants and certifies that it and its employees engaged in the administration or performance of this Contract are knowledgeable of and understand the Ohio Ethics and Conflict of Interest laws including but not limited to Chapter 102 and Sections 2921.42 and

2921.43 of the Ohio Revised Code. Contractor further represents, warrants, and certifies that neither Contractor nor any of its employees will do any act that is inconsistent with such laws or otherwise presents a conflict of interest.

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

ODOT utilizes a variety of methods for establishing contracts for goods, products, and services which include competitive sealed bidding, competitive sealed proposals, direct purchases, reverse auction, multiple award contracts and request for quotes.

Processes for implementing these methods have been developed to ensure fair and equal treatment of all vendors participating in the purchasing activity. Any vendor that attempts to influence the evaluation and/or award of a contract either directly or through an outside agent or representative will be disqualified and will not be able to participate in the purchasing activity. In addition, a vendor who attempts to influence an evaluation or award will be subject to penalties set forth by law up to and including debarment from doing business with ODOT and/or the state of Ohio.

Suspected violations of ODOT purchasing statutes, rules, policies, or guidelines, or of Ohio’s ethics laws, executive orders by any employee of the State or a vendor are to be reported to the Agency Procurement Officer(s) or APO. The APO will advise the Chief Legal Counsel who may take appropriate action. 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…