Monica Dupee City Manager Matt Yoder Director of Finance Andrew Winkel Director of Law JR Fourqurean Director of Parks &

Recreation

MEMBERS OF COUNCIL

Megan Czako Council Chair Aaron Glasgow Vice-Chair David Grimes Mayor Kelley Stocker Vice-Mayor Daniela Beckett Member Jeff Washburn Member Kenneth L. Wright Member

TABLE OF CONTENTS

BIDDING REQUIREMENTS AND FORMS PAGE

Bidders Checklist 6 Notice to Bidders 8 Information to Bidders 10 Prevailing Wage Rates 19 Experience Record 21 Subcontractors 22 Federally Required Equal Employment Opportunity Certification 23 Certification Regarding Lobbying 24 Certification Regarding Debarment, Suspension, and Other Responsibility Matters 25 Instructions for Certification 26 Bid Guaranty 27 Recommended Bid Guaranty Form 28 Bid Schedule 30

CONTRACT FORMS PAGE

Noncollusion Affidavit 33 Personal Property Tax Affidavit 34 Agreement 35 Fiscal Officer’s Statement 37 Performance Bond and Payment Bond 38

GENERAL PROVISIONS PAGE

101 Definitions and Terms 40 102 Bidding Requirements and Conditions 51 103 Award and Execution of Contract 52 104 Scope of Work/Changes 53 105 Control of Work 62 106 Control of Material 75 107 Legal Relations and Responsibility to Public 78 108 Prosecution and Progress of Work 92 109 Acceptance, Measurement, and Payment 113

FEDERAL PROVISIONS PAGE

ODOT Local-let Federal Contract Provisions 130

FHWA - 1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS PAGE

FHWA - 1273 - REIVSED COTOBER 23, 2023 163

SUPPLEMENTAL SPECIFICATIONS PAGE

12000 GENERAL NOTES 178

12001 PROJECT IMPROVEMENTS 182

12401 HOT MIX ASPHALT 183

12004 MANHOLES, CATCH BASINS, OR CURB INLETS 184

12608 WALKS AND CURB RAMPS 185

12609 CURBING 187

12630 TRAFFIC SIGNS AND SUPPORTS 188

12631 SOLAR POWERED RECTANGULAR RAPID FLASHING BEACON (RRFB) SIGN SYSTEM 189

12642 TRAFFIC PAINT 193

12653 PROCESSED TOPSOIL FURNISHED AND PLACED 194

12659 SEEDING AND MULCHING 195

12705 CONCRETE INCIDENTALS 197

12832 TEMPORARY SEDIMENT AND EROSION CONTROL 198

UTILITY NOTE 199

APPENDIX PAGE

SCHEMATIC PLAN 201

DETOUR ROUTE 202

RD-02 COMBINED CURB AND GUTTER DETAIL 203

RD-03 STRAIGHT 18” CONCRETE CURB 204

RD-05 SIDEWALK 207

RD-07 RECREATIONAL PATHWAY 209

TC-03 PAVEMENT MARKINGS CROSSWALK DETAIL 210

SOLAR POWERED RRFB INSTALLATION DETAIL 211

TC-05 STREET NAME SIGN 212

HOFF ROAD INTERSECTION PLAN 213

OLD COUNTY LINE ROAD INTERSECTION PLAN 214

E. BROADWAY STREET INTERSECTION PLAN 215

COLLEGE AVENUE INTERSECTION PLAN 216

PARK AVENUE INTERSECTION PLAN 217

WALNUT STREET INTERSECTION PLAN 218

INTERSECTION PLANS CODED NOTES 219

INTERSECTION PLANS GENERAL NOTES 220

TYPICAL TRAIL CROSSING DETAIL 221

SUBCONTRACTOR FORM 222

BIDDING REQUIREMENTS

AND FORMS

Bidding Requirements and Forms

BIDDERS CHECKLIST

BIDDERS are urged to complete this checklist to confirm thatallrequireddocumentsareincluded with their BID. Failure to submit the listed documents may result in disqualification of the BID.

Name Type # Files Requirement at Bid Closing Time

Included with BID

Provide Later

Bid Guaranty (Surety Company signature required)

File Type:

PDF (.pdf)

1 Required

Bid Schedule (BIDDER signature required)

File Type:

PDF (.pdf)

1 Required

SBE Utilization Plan All BIDDERS shall submit an SBE Utilization Plan within 2 hours following the bid opening/bid closing time, setting forth specific information demonstrating how the bidder will achieve the SBE contract goal. By submitting an SBE Utilization Plan, the BIDDER is affirming they will be using the SBE firms identified in the Utilization Plan to meet the SBE contract goal.The SBE Utilization Plan must be submitted by the bidder within 2 hours following the bid opening/bid closing time to:

https://odot.formstack.com/forms/sbeplan_local.

Name Type # Files Requirement at Bid Closing Time

Included with BID

Provide Later

Certification Regarding Lobbying

File Type:

PDF (.pdf)

1 Optional(needed within two (2) business days of the closing time)

Certification Regarding Debarment, Suspension, and Other Responsibility Matters

File Type:

PDF (.pdf)

1 Optional(needed within two (2) business days of the closing time)

Experience Record File Type:

PDF (.pdf)

1 Optional(needed within two (2) business days of the closing time)

Subcontractors Form File Type:

PDF (.pdf)

1 Optional(needed within two (2)

Bidding Requirements and Forms https://odot.formstack.com/forms/sbeplan_local thomas.patterson_wes Line thomas.patterson_wes Rectangle thomas.patterson_wes Rectangle business days of the closing time)

Federally-required EEO Certification

File Type:

PDF (.pdf)

1 Optional(needed within two (2) business days of the closing time)

Ohio Bureau of Worker’s Compensation Drug Free Safety Program

File Type:

PDF (.pdf)

1 Optional(needed within eight (8) business days of the closing time)

Certification of Ohio Worker’s Compensation Coverage

File Type:

PDF (.pdf)

1 Optional(needed prior to the award of the Contract)

Noncollusion Affidavit File Type:

PDF (.pdf)

1 Optional(needed prior to the issuance of the NOTICE TO

PROCEED)

Personal Property Tax Affidavit

File Type:

PDF (.pdf)

1 Optional(needed prior to the issuance of the NOTICE TO

PROCEED)

NOTICE TO BIDDERS

Bids for the construction of the 2026 FRA‐WESTERVILLE, OHIO TO ERIE TRAIL PID 124397 (Project No.

PC 2026‐203), will be received by the City of Westerville, Ohio until the closing date and time of 3:00 p.m. (local time) on Thursday, May 7, 2026, and will be publicly opened and read immediately thereafter.

The WORK in accordance with the CONTRACT DOCUMENTS, dated April 15, 2026, and any addenda thereto, includes reconstruction of the Ohio to Erie asphalt trail, concrete repairs, sidewalk replacement, pavement markings, RRFB material procurement & installation, trail sign procurement & installation, and other appurtenant WORK.

ENGINEER’S ESTIMATE for this PROJECT: $1,532,000

Electronic CONTRACT DOCUMENTS are available at no cost via the CITY’s Bonfire Procurement Portal at: https://westerville.bonfirehub.com/opportunities/216826. Vendors new to the CITY’s Bonfire Procurement Portal will need to create a FREE Bonfire account.

All bids must be accompanied by a BID GUARANTY. The recommended form of BID GUARANTY is a BID GUARANTY and CONTRACT Bond in the full amount of the bid, including all add alternates, as prescribed by Section 153.571 of the Ohio Revised Code. Other acceptable forms of BID GUARANTY include a bid bond equal to ten percent (10%) of the bid plus all add alternates. Bid security issued in bond form, shall be issued by a Surety Company or Corporation licensed in the State of Ohio to provide said surety. The CITY and ODOT shall be listed as obligees on all bonds.

If the BID is accepted, a CONTRACT must be executed and a satisfactory Performance/Payment Bond furnished, conditioned according to law in the amount of one hundred percent (100%) of the CONTRACT price, within ten (10) days after notice of award. Sureties on all bonds must be satisfactory to the CITY. The CITY and ODOT shall be listed as obligees on all bonds.

Only ODOT pre‐qualified CONTRACTORS are eligible to submit BIDS for this PROJECT. Pre‐ qualification status must be in force at the time of bid, at the time of award, and through the life of the construction CONTRACT. For work types that ODOT does not pre‐qualify, the LPA must still select a qualified CONTRACTOR. Subcontractors are not subject to the pre‐qualification requirement.

The “prime” CONTRACTOR must perform no less than 30 percent of the total original contract price.

The SBE goal has been set at 5%.

This PROJECT includes Federal funds and is subject to applicable Federal procurement standards and contracting provisions. As such, the CONTRACTOR and all its SUBCONTRACTORS must follow applicable Federal procurement standards and contracting provisions. All contractors must be eligible for capital projects in which Federal monies are utilized.

This is a federal prevailing wage project and is subject to the requirements of the Davis‐Bacon Act and Federal Department of Labor (DOL) regulations. As such, the CONTRACTOR and all SUBCONTRACTORS are required to pay wages at rates not less than those as determined by the U.S.

Secretary of Labor in accordance with Federal‐Aid requirements.

No BIDDER may withdraw their BID for a period of 60 days after the actual BID closing date and time.

The CITY reserves the right not to award a contract and to reject any or all BIDS and to waive any informalities and irregularities. Subject to the right of the CITY not to award a contract and to reject any or all BIDS, the CITY will award a Contract to the BIDDER submitting the lowest and best BID, taking into consideration accepted alternates.

Point of Contact for Written Questions:

Laura P. Ball Parks and Facilities Development Administrator Parks & Recreation Department

Bids@westerville.org

Advertise: 4/15/2026, 4/22/2026, 4/29/2026

INFORMATION TO BIDDERS

PRE-QUALIFICATION OF BIDDERS

BIDDERS must be prequalified through the Ohio Department of Transportation according to ORC Chapter 5525 and the rules and regulations governing prequalification.

PREPARATION AND DELIVERY OF BIDS

BIDS will be received by the CITY of Westerville, Ohio herein called the OWNER, until the closing date and time of 3:00 p.m. (local time), Thursday, May 7, 2026.

BIDS must be submitted in electronic format only in accordance with the below submission instructions.

Submission Instructions for Electronic BIDS

Electronic BIDS must be uploaded at:

https://westerville.bonfirehub.com/opportunities/216826

Please review the BIDDERS CHECKLIST and note the type and number of files allowed. The maximum upload file size is 1000 MB.

Please do not embed any documents within your uploaded files, as they will not be accessible or evaluated.

You will not be able to prepare a submission unless you submit ‘Yes’ for your intent to Bid.

As uploading large documents may take significant time, depending on the size of the file(s) and Internet connection speed, it is recommended that the BIDDER allow sufficient time before closing time to begin the upload process and finalize their submission.

Each item of requested information will only be visible to the OWNER after the closing time.

The BIDDER will receive an email confirmation receipt with a unique confirmation number once they finalize their submission.

Minimum system requirements: Microsoft Edge, Google Chrome, or Mozilla Firefox. Javascript must be enabled. Browser cookies must be enabled.

Need Help with an Electronic Submission?

The City of Westerville uses a Bonfire portal for accepting BIDS digitally. Please contact Bonfire at Support@GoBonfire.com for technical questions related to your submission or contact the CITY’s Procurement Manager at Thomas.Patterson@westerville.org for general questions related to your submission.

https://westerville.bon%EF%AC%81rehub.com/opportunities/216826

General Instructions for Electronic BIDS All BIDS must be submitted on the BID forms provided and receipt of any addenda should be indicated.

All blank spaces shall be filled in, in ink or typed, in figures. The BIDDER shall provide unit prices and/or lump sum prices on the BID SCHEDULE form. Each BIDDER must bid on all items and Alternates contained in the BID SCHEDULE. BIDDERS may download an electronic copy of the BID SCHEDULE in MS Excel format from the Project Portal. All BIDS not in conformity with this notice may be considered informal and may be rejected. Failure to furnish all information requested on the BID SCHEDULE or other documents requested may result in disqualification of the bid.

It is the sole responsibility of the BIDDER to see that their BID is received by the proper time.

BIDDERS are urged to submit with their BID a completed Experience Record form, completed Subcontractors form, completed Federally Required Equal Employment Opportunity Certification form, completed Certification Regarding Lobbying form, and completed Certification Regarding Debarment, Suspension, and Other Responsibility Matters form.

INTERPRETATION OF QUANTITIES

When Unit Prices are requested on the BID SCHEDULE, the quantities listed are to be considered approximate and are to be used only for the comparison of the BIDS and as a basis for computing amounts of security of penal sums of BONDS to be furnished. The unit prices to be tendered by the BIDDERS are to be tendered expressly for the scheduled quantities and they may be increased or decreased by duly authorized CHANGE ORDER.

Unless otherwise specified in the CONTRACT DOCUMENTS, the Lump Sum Prices and Unit Prices set forth shall include all materials, equipment, labor, delivery, installation, overhead, profit, and any other cost or expense, in connection with or incidental to, the performance of that portion of the WORK to which the prices apply.

Where there is a conflict between the Unit Price and the extension thereof, the Unit Price shall govern and the correct extension of such Unit Price shall be made and such corrected extension shall be used in comparing BIDS.

It is understood that the scheduled quantities of WORK to be done and materials to be furnished may increase, decrease or be deleted entirely after execution of the Agreement.

Payments, except for lump sum BIDS, and except for lump sum items in unit price BIDS, will be made to the CONTRACTOR for the actual quantities only of WORK performed or materials furnished in accordance with the CONTRACT DOCUMENTS.

The successful BIDDER will be further required to furnish the OWNER with a complete breakdown of the labor and material costs associated with unit prices and/or lump sum BID items, to the satisfaction of the ENGINEER, before beginning construction. The unit price and/or lump sum breakdown shall be in sufficient detail to provide a check of claims for partial payment requests.

EXAMINATION OF CONTRACT DOCUMENTS AND WORK SITE

The BIDDER is required to examine carefully the site of the WORK, the BID SCHEDULE, PLANS and

SPECIFICATIONS, and to read and acquaint oneself with the Agreement form for the WORK contemplated. The BIDDER, in submitting a BID, warrants that the BIDDER has investigated and is acquainted with the conditions to be encountered for performing the WORK including the character, quality, and quantities of WORK to be performed and materials to be furnished, and the requirements of the CONTRACT DOCUMENTS hereinafter defined. It is mutually agreed that submission of a BID shall be considered satisfied as to all the conditions which will affect the WORK.

CONSTRUCTION AND MATERIAL SPECIFICATIONS

The City of Westerville requirements, as adopted by Ordinance 2023-05, the 2018 edition of the City of Columbus Construction and Materials Specifications (COLS) and the 2023 edition of the State of Ohio Department of Transportation Construction and Material Specifications (ODOT), where referenced, including all supplements, shall govern all materials and workmanship involved in the improvements shown on this plan. Notwithstanding the foregoing, the General Provisions, Section 100 of these COLS specifications, are not applicable to this PROJECT except where specifically referenced.

INTERPRETATION

The CONTRACT DOCUMENTS contain the provisions required for the construction of the PROJECT.

Information obtained from an officer, agent, or employee of the OWNER or any other person shall not affect the risks or obligations assumed by the CONTRACTOR or relieve the CONTRACTOR from fulfilling any of the conditions of the CONTRACT.

If any person contemplating submitting a BID for the proposed PROJECT is in doubt as to the true meaning of any part of the CONTRACT DOCUMENTS, they may submit a written request for an interpretation thereof to either the Point of Contact identified in the CONTRACT DOCUMENTS or the Project Portal.

The Q&A period for this opportunity ends 3:00 p.m. (local time) on Wednesday, April 29, 2026.

The person submitting the request will be responsible for its prompt delivery. Any interpretation of the CONTRACT DOCUMENTS will be made only by ADDENDUM duly issued, a minimum of 72 hours prior to the BID closing date and time. The CITY will endeavor to have a copy of such ADDENDUM delivered to each person receiving a set of CONTRACT DOCUMENTS; however, it is ultimately the BIDDER’s responsibility to check the CITY’s Bonfire Procurement Portal (https://westerville.bonfirehub.com/opportunities/216826) for verification of any issued addenda. The awarding authority will not be responsible for any other explanations or interpretations of the CONTRACT DOCUMENTS.

DUTY TO NOTIFY THE CITY OF ERRORS

BIDDERS shall promptly notify the CITY of errors and omissions in the CONTRACT DOCUMENTS which the BIDDER discovers in the exercise of ordinary and reasonable care. The BIDDER’s notification shall be made by submitting a written request for interpretation in accordance with the above paragraph.

The BIDDER’s duty to disclose errors and omissions is not only a bidding requirement but is also a legal requirement that cannot be ignored.

Failure to provide the required notification prior to the BID closing date and time shall constitute a waiver by the CONTRACTOR and shall not obligate the CITY for any costs based upon any apparent https://westerville.bon%EF%AC%81rehub.com/opportunities/216826 or patent ambiguity arising from insufficient data or obvious errors in the CONTRACT DOCUMENTS.

Knowingly withholding information regarding an error or omission in the CONTRACT DOCUMENTS, or intentionally misrepresenting an item of WORK for financial or competitive gain, may result in civil or criminal penalties.

REJECTION OF UNBALANCED BID

The BIDDER is required to BID each item as indicated in THE CONTRACT DOCUMENTS. The CITY reserves the right to reject any materially unbalanced BID. A “materially unbalanced bid” is a BID that contains lump sum or unit prices that do not reflect reasonable labor, equipment, and material costs plus a reasonable proportionate share of overhead and other indirect costs and anticipated profit, and the CITY determines that the Bid may not be in the best interest of its citizens.

BID GUARANTY

prescribed by Section 153.571 of the Ohio Revised Code. Other acceptable forms of BID GUARANTY include a bid bond equal to ten percent (10%) of the bid plus all add alternates. Bid security issued in bond form, shall be issued by a Surety Company or Corporation licensed in the State of Ohio to provide said surety. The City of Westerville and the Ohio Department of Transportation shall be named as obligees on all bonds.

WITHDRAWAL OF BIDS PRIOR TO CLOSING DATE AND TIME

Any BID may be withdrawn prior to the above scheduled closing date and time for the submission of BIDS or authorized postponement hereof. Any BID received after the time and date specified shall not be considered.

WITHDRAWAL OF BIDS AFTER CLOSING DATE AND TIME

If for any reason, other than as authorized by the Ohio Revised Code, the BIDDER fails to enter into a CONTRACT, and the CITY awards the CONTRACT to the next lowest BIDDER, the BIDDER and the surety on the BIDDER’s bond are liable to the CITY for the difference between the bid and that of the next lowest bidder, or for a penal sum not to exceed ten percent (10%) of the amount of the bond, whichever is less. If the CITY does not award the CONTRACT to the next lowest BIDDER but resubmits the PROJECT for bidding, the BIDDER failing to enter into the CONTRACT and the surety on the BIDDER’s bond, except as provided in the Ohio Revised Code, are liable to the CITY for a penal sum not to exceed ten percent (10%) of the amount of the BID or the costs in connection with the resubmission of printing new CONTRACT DOCUMENTS, required advertising, and printing and mailing notices to prospective bidders, whichever is less.

PUBLIC OPENING OF BIDS

BIDS will be publicly opened and read immediately after the deadline for the submission of BIDS.

BIDDERS, their authorized agents, other interested parties, and the general public are invited to be present. The public opening of bids will be held at the City’s Walnut Street administrative offices, located at 64 E. Walnut Street, Westerville, Ohio 43081. The public opening will also be shared online via Google Meet. Instructions for joining the Google Meet session will be posted to the City’s website in advance of the public opening.

CONSIDERATION OF BIDS AND AWARD OF CONTRACT

The OWNER shall make such investigations as the OWNER deems necessary to determine the lowest and best BIDDER to perform the WORK. The BIDDER shall furnish to the OWNER all such information and data for this purpose as the OWNER may request. In determining the award, consideration, among other items, will be given to (a) whether BIDDER maintains a permanent place of business,

(b) suitability of the BIDDER’S plant and equipment for the WORK, including the amount of subcontracted WORK, (c) BIDDER’S financial status and organization, (d) BIDDER’S record of experience and performance in constructing improvements of this type and (e) lowest BID. The OWNER, in its discretion, may consider and give such weight to these criteria as it deems appropriate.

The OWNER reserves the right to reject any BID if the evidence submitted by, or investigation of, such BIDDER fails to satisfy the OWNER that such BIDDER is properly qualified to carry out the obligations of the Agreement and to complete the WORK contemplated therein.

As part of the OWNER’S investigation, the OWNER requires that the BIDDER submit a completed Experience Record form, Subcontractors form, Federally Required Equal Employment Opportunity Certification form, Certification Regarding Lobbying form, and Certification Regarding Debarment, Suspension, and Other Responsibility Matters form. BIDDERS are urged to include a completed Experience Record form, Subcontractors form, Federally Required Equal Employment Opportunity Certification form, Certification Regarding Lobbying form, and Certification Regarding Debarment, Suspension, and Other Responsibility Matters form with their BID. If not included with the BID such forms shall be submitted to the CITY within two (2) business days of the BID Closing Date and Time.

As part of the OWNER’s investigation, the OWNER may require that the BIDDER submit a complete breakdown of the labor and material costs associated with unit prices and/or lump sum BID items.

If alternative bid items are listed in the BID SCHEDULE, the OWNER shall determine the Alternate Items so selected by the OWNER in determining the lowest and best BID. The OWNER reserves the right not to award a contract and to reject any and all BIDS.

In the event that only one (1) lowest and best BID is received, the OWNER reserves the right to establish a fair and reasonable price with the lowest and best BIDDER.

In the event that two (2) or more identical low BIDS are received from potential BIDDERS, the OWNER reserves the right to award the CONTRACT in any manner deemed in the best interest of its citizens or the OWNER may request the submission of a Best and Final Offer from the identical BIDDERS to determine the lowest and best BIDDER.

The OWNER may waive any informalities or minor defects or reject any and all BIDS. The OWNER may hold the BIDS for 60 days after the actual BID Closing Date and Time, and may award the CONTRACT at any time during that period. Should there be reasons why the CONTRACT cannot be awarded within the specified period; the time may be extended by mutual agreement between the OWNER and the

BIDDER.

CANCELLATION OF AWARD

The CITY may cancel a CONTRACT award at any time before all parties sign the CONTRACT without liability to the CITY.

RETURN OF BID GUARANTY

The CITY will retain all bid securities until the CONTRACT has been executed by all parties and the NOTICE TO PROCEED has been issued.

CONTRACT PERFORMANCE BOND AND PAYMENT BOND

A Performance Bond and Payment Bond in the amount of one hundred percent (100%) of the CONTRACT price, each meeting the requirements of Sections 153.54, 153.57, and 153.571 of the Ohio Revised Code, with a Surety qualified to do business in the State of Ohio will be required for the faithful performance of the WORK. The City of Westerville and the Ohio Department of Transportation shall be named as obligees on all bonds.

EXECUTION OF CONTRACT

The BIDDER to whom the CONTRACT shall be awarded will be required to execute 2 copies of the CONTRACT on the form included in the CONTRACT DOCUMENTS and to furnish insurance certificates and Workers’ Compensation certificates as required.

The successful BIDDER will be required to execute and submit the following completed forms, as included in the CONTRACT DOCUMENTS, prior to the issuance of the NOTICE TO PROCEED:

Noncollusion Affidavit and Personal Property Tax Affidavit. BIDDERS are urged to include these documents in their BID.

The NOTICE TO PROCEED shall be issued within 60 days of the execution of the Agreement by the OWNER. Should there be reasons why the NOTICE TO PROCEED cannot be issued within such period;

the time may be extended by mutual agreement between the OWNER and CONTRACTOR. If the NOTICE TO PROCEED has not been issued within a 60-day period or within the period mutually agreed upon, the CONTRACTOR may terminate the Agreement, by duly executed WRITTEN NOTICE without further liability on the part of either party.

FAILURE TO EXECUTE CONTRACT

In case of the BIDDER’s refusal or failure to execute the Contract within ten (10) days after its receipt of formal notice of award, BIDDER may be considered to have abandoned all rights and interests in the award, and the BIDDERS’s BID GUARANTY may be declared forfeited to the OWNER. The award may then be made to the next lowest and best BIDDER or the work re-advertised for BIDS as the OWNER may elect.

RESPONSIBILITY TO GENERAL PUBLIC

To the extent authorized by law, CONTRACTOR shall indemnify and hold harmless the CITY, its officers, elected officials, agents and employees from and against all claims, damages, losses and expenses including attorney’s fees arising out of or resulting from the CONTRACTOR’s performance, provided that any such claims, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom;

and is caused in whole or in part by any negligent or willful act or omission of the CONTRACTOR, subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable.

CONTRACTOR agrees that in the hiring of employees for the performance of work under this CONTRACT or any subcontract, no CONTRACTOR, subcontractor, or any person acting on their behalf shall, by reason of race, color, religion, sex, national origin, age, familial status, military status, disability, pregnancy, sexual orientation, gender identity, or gender expression, or any prohibition provided by federal or state law, discriminate against any citizen of the State in the employment of labor or workers who are qualified and available to perform the work to which the employment relates, nor shall the CONTRACTOR, subcontractor, or any person acting on their behalf, in any manner, discriminate against or intimidate any employee hired for the performance of work under the CITY’s CONTRACT on account of race, color, religion, sex, national origin, age, familial status, military status, disability, pregnancy, sexual orientation, gender identity, or gender expression, or any prohibition provided by federal or state law.

INSURANCE

The CONTRACTOR and the CONTRACTOR’S subcontractors shall secure and maintain Liability and Property Damage Insurance (1) in an amount not less than One Million Dollars ($1,000,000) for bodily injuries, including wrongful death, to any one person, subject to the same limit for each person, in an amount not less than Two Million Dollars ($2,000,000) for bodily injury damages for any one accident;

and (2) in an amount not less than One Million Dollars ($1,000,000) for property damages on account of one accident and in an amount not less than Two Million Dollars ($2,000,000) for damages for all accidents. Greater amounts shall apply, where required by law. If the CONTRACTOR and the CONTRACTOR’S subcontractors maintain higher limits than the minimums shown above, the CITY shall be entitled to coverage for the higher limits.

The Insurance policies secured in compliance with the above requirements shall be with acceptable insurance companies authorized to do business in the State of Ohio and shall bear endorsements extending automatic coverage on all operations of the CONTRACTOR incidental to the performance of the WORK to be done under this CONTRACT, whether such operations are listed in the insurance contracts or not, and whether the WORK is being done at the site of the project or not. The OWNER shall be named as an additional insured. The CONTRACTOR will be required to submit a Certificate of Insurance and a current Worker’s Compensation Certificate to the OWNER prior to the execution of the Agreement.

COMPLIANCE WITH APPLICABLE LAWS

All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the PROJECT shall apply to the CONTRACT throughout.

In performing the WORK, CONTRACTOR shall comply with all applicable laws, rules, regulations, codes and ordinances, including but not limited to the U.S. Department of Labor “Safety and Health Regulations for Construction” identified as Chapter XVII of Title 29, Code of Federal Regulations (CFR) Part 1926 (formerly Part 1518) and subsequent amendments.

The CONTRACTOR agrees that it is currently in compliance and will continue to adhere to the requirements of the Ohio Ethics Law as provided in Section 102.03 and 102.04 of the Ohio Revised Code.

The CONTRACTOR and the CONTRACTOR’S subcontractors shall be enrolled in, and maintain good standing in, the Ohio Bureau of Workers’ Compensation Drug-Free Safety Program, or a similar program approved by the Bureau of Workers’ Compensation.

DUTY TO NOTIFY THE CITY OF CYBERSECURITY INCIDENTS

CONTRACTOR shall promptly notify the City of any actual or suspected cybersecurity incident, data breach, security incident, or unauthorized access, use, or disclosure involving any data or information provided by the CITY or generated in connection with the performance of this CONTRACT. Such notice shall be provided as soon as practicable and in no event later than three (3) calendar days after discovery of the breach or incident. CONTRACTOR shall cooperate fully with the CITY in investigating and mitigating the effects of any such breach or incident and shall bear all costs associated with the incident, including any notifications, remediation, and compliance required under applicable law.

SALES AND INCOME TAXES

Materials to be incorporated in the WORK may be purchased by the CONTRACTOR free of Ohio State sales tax.

The successful BIDDER will be required to withhold all CITY income taxes due or payable under the provisions of the Income Tax Ordinance, for wages, salaries, and commissions paid to its employees and further agrees that any of its subcontractors shall be required to agree to withhold any such CITY income taxes due under said chapter for services performed under this CONTRACT.

WORK SCHEDULES

All work schedules must be presented to the ENGINEER’S office a minimum of one week prior to the pre-construction meeting. Any deviations from the work schedule submitted to the ENGINEER’S office must be acceptable to the ENGINEER.

PUBLIC RECORDS

In entering into a contract with the CITY of Westerville, Ohio (or responding to a CITY solicitation), all BIDDERS are hereby notified that all BIDs, proposals, quotations, RFI responses, agreements, invoices, correspondence and any other documents submitted to the CITY become public property and are subject to public disclosure in accordance with Ohio Public Records Law. All public records will be made available upon request, at the earliest time permitted by law.

FEDERAL PROCUREMENT STANDARDS AND CONTRACTING PROVISIONS

This PROJECT includes Federal funds and is subject to applicable Federal procurement standards and contracting provisions. As such, the CONTRACTOR and all its SUBCONTRACTORS must follow applicable Federal procurement standards and contracting provisions. All contractors must be eligible for capital projects in which Federal monies are utilized.

Please refer to the FEDERAL PROVISIONS and FHWA - 1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS sections of this Project Manual for further information.

PREVAILING WAGES

This PROJECT includes Federal funds and is subject to the requirements of the Davis-Bacon Act and the Federal Department of Labor (DOL) regulations. As such, the CONTRACTOR and all subcontractors are required to pay wages at rates not less than those prevailing on similar projects within the area as determined by the U.S. Secretary of Labor. All contractors must be eligible for capital projects in which Federal monies are utilized.

CONFLICTING REQUIREMENTS

Where conflicts exist between federal, state and local requirements, federal requirements shall prevail.

PREVAILING WAGE RATES

This PROJECT is Federally Funded and shall follow all program guidelines contained within the CONTRACT DOCUMENTS. The CONTRACTOR shall comply with all applicable laws regarding Federal prevailing wages. The wage rates for this PROJECT were determined by the Secretary of Labor in accordance with Federal-Aid requirements.

Contractors shall use only the classifications and wage rates set forth in the United States Department of Labor (USDOL) wage decision found at the website noted below on payrolls submitted to the District Office. Additionally, please note that the wage modification in effect at the time of the project sale date, shall be used by all contractors.

This USDOL wage decision may be viewed at https://sam.gov/wage-determinations http://www.wdol.gov/dba.aspx#3

The OWNER shall notify only the CONTRACTOR under a CONTRACT with the OWNER for a public improvement of any changes in the Davis-Bacon Act Rates. The CONTRACTOR shall then notify all SUBCONTRACTORS of changes in the Davis-Bacon Act Rates within seven business days of receipt from the OWNER.

https://sam.gov/wage-determinations http://www.wdol.gov/dba.aspx#3

EXPERIENCE RECORD

As part of the OWNER’S investigation to determine the lowest and best BID, the BIDDER is required to provide detailed information on the forms herein, or on a sheet attached to this page, evidence of the BIDDER’S responsibility, experience, skill, and financial standing to complete this CONTRACT in the time allotted. The OWNER may make other such investigations to determine the ability of the BIDDER to perform the WORK. BIDDERS are urged to include a completed Experience Record form with their BID. If not included with the BID, a completed Experience Record form shall be submitted to the CITY within two (2) business days of the BID Closing Date and Time.

1. List similar projects (a minimum of 3) completed in the last 5 years including the following:

Name of Project #1:

Project Location:

Project Description:

Original Completion Date:

Final Completion Date:

Original Contract Amount:

Final Contract Amount:

Project Owner:

Owner’s Contact Name:

Owner’s Contact Phone:

Owner’s Email Address:

Name of Project #2:

Project Description:

Original Completion Date:

Final Completion Date:

Original Contract Amount:

Final Contract Amount:

Project Owner:

Owner’s Contact Name:

Name of Project #3:

Project Description:

Original Completion Date:

Final Completion Date:

Original Contract Amount:

Final Contract Amount:

Project Owner:

Owner’s Contact Name:

Owner’s Contact Phone:

EXPERIENCE RECORD CONTINUED

2. List all current and uncompleted private and public work including the following information:

Name of Project:

Project Description:

Original Completion Date:

Proposed Completion Date:

Original Contract Amount:

Estimated Final Contract Amount:

Project Owner:

Owner’s Contact Name:

Project Description:

Original Completion Date:

Proposed Completion Date:

Original Contract Amount:

Estimated Final Contract Amount:

Project Owner:

Owner’s Contact Name:

Project Description:

Original Completion Date:

Proposed Completion Date:

Original Contract Amount:

Estimated Final Contract Amount:

Project Owner:

Owner’s Contact Name:

Owner’s Contact Phone:

SUBCONTRACTORS

As part of the OWNER’S investigation to determine the lowest and best BID, the BIDDER is required to state the proposed SUBCONTRACTORS to be utilized in the WORK. BIDDERS are urged to include a completed Subcontractors form in their sealed BID. If not included with BIDDERS sealed BID, a completed Subcontractors form shall be submitted to the City within two (2) business days of the BID opening.

The CONTRACTOR must perform no less than 30 percent of the total original contract price. The CONTRACTOR shall submit an updated subcontractor reporting form with each pay request application, reflecting the subcontract amount and percentages at the time of the pay request application is made. The Subcontractor Reporting Form is provided in the Appendix.

Any changes from the listed SUBCONTRACTORS should be communicated to the OWNER in writing.

The OWNER reserves the right, in its sole discretion, to reject a proposed SUBCONTRACTOR. The following information shall be provided:

Name of Firm:

Proposed Subcontracted Work:

Subcontractor Owner’s Name:

Subcontractor Address:

Subcontractor Telephone:

Subcontracted Dollar Amount:

Subcontracted Percentage:

Name of Firm:

Proposed Subcontracted Work:

Subcontractor Owner’s Name:

Subcontractor Address:

Subcontractor Telephone:

Subcontracted Dollar Amount:

Subcontracted Percentage:

Name of Firm:

Proposed Subcontracted Work:

Subcontractor Owner’s Name:

Subcontractor Address:

Subcontractor Telephone:

Subcontracted Dollar Amount:

Subcontracted Percentage:

FEDERALLY REQUIRED EQUAL EMPLOYEMENT OPPORTUNITY CERTIFICATION

BIDDERS are urged to include a completed Federally Required Equal Employment Opportunity Certification form with their BID. If not included with the BID, a completed Federally Required Equal Employment Opportunity Certification form shall be submitted to the CITY within two (2) business days of the BID Closing Date and Time.

Please refer to the FEDERAL PROVISIONS and FHWA - 1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS sections of this Project Manual for further information.

The BIDDER hereby certifies that he or she has has not participated in a previous contract or subcontract subject to the equal opportunity clause, and that he or she has has not filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity (‘EEO”), all reports due under the applicable filing requirements.

The BIDDER must select the appropriate “has” or “has not” above.

This Certification is a material representation of fact relied upon by the City of Westerville.

CERTIFICATION REGARDING LOBBYING

BIDDERS are urged to include a completed Certification Regarding Lobbying with their BID. If not included with the BID, a completed Certification Regarding Lobbying shall be submitted to the CITY within two (2) business days of the BID Closing Date and Time.

Please refer to the FEDERAL PROVISIONS and FHWA - 1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS

BIDDERS are urged to include a completed Certification Regarding Debarment, Suspension, and Other Responsibility Matters with their BID. If not included with the BID, a completed Certification Regarding Debarment, Suspension, and Other Responsibility Matters shall be submitted to the CITY within two (2) business days of the BID Closing Date and Time.

Please refer to the FEDERAL PROVISIONS and FHWA ‐ 1273 REQUIRED CONTRACT PROVISIONS FEDERAL‐AID

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS

BID GUARANTY

prescribed by Section 153.571 of the Ohio Revised Code. Other acceptable forms of BID GUARANTY include a bid bond equal to ten percent (10%) of the bid plus all add alternates. Bid security issued in bond form, shall be issued by a Surety Company or Corporation licensed in the State of Ohio to provide said surety. The City of Westerville and the Ohio Department of Transportation shall be named as obligees on all bonds.

RECOMMENDED BID GUARANTY FORM

(Form of combined Bid Guaranty and Bond prescribed by Ohio Revised Code Section 153.571)

KNOW ALL PERSONS BY THESE PRESENTS, that we, the undersigned , as Principal, at (Address) and (licensed to do business and execute bonds in the State of Ohio) as Surety, are hereby held and firmly bound unto the City of Westerville, Ohio, and the Ohio Department of Transportation as Obligee(s) in the penal sum of the dollar amount of the bid submitted by the Principal to the Obligee(s) on , 20 , to undertake the project known as 2026 FRA-WESTERVILLE, OHIO TO ERIE TRAIL PID 124397 (Project No. PC 2026-203). The penal sum referred to herein shall be the dollar amount of the Principal’s bid to the Obligee(s), incorporating any additive or deductive alternate bids made by the Principal on the date referred to above to the Obligee(s), which are accepted by the Obligee(s). In no case shall the penal sum exceed the amount of dollars ($ ). (If the foregoing blank is not filled in, the penal sum will be the full amount of the principal’s bid, including alternates. Alternatively, if the blank is filled in, the amount stated must not be less than the full amount of the bid including alternates, in dollars and cents. A percentage is not acceptable.) For the payment of the penal sum well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns.

THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that whereas the above named Principal has submitted a bid on the above referenced project;

NOW, THEREFORE, if the Obligee(s) accepts the Bid of the Principal, and the Principal fails to enter into a proper CONTRACT in accordance with the Bid, Plans, Specifications, details, and bills of material; and in the event the Principal pays to the Obligee(s) the difference, not to exceed ten percent of the penal sum hereof between the amount specified in the Bid and such larger amount for which the Obligee(s) may in good faith CONTRACT with the Bidder determined by the Obligee(s) to be the next lowest responsive and responsible to perform the Work covered by the Bid; or in the event the Obligee(s) does not award the CONTRACT to such next lowest responsive and responsible Bidder and resubmits the Project for bidding, the Principal pays to the Obligee(s) the difference not to exceed ten percent of the penal sum hereof between the amount specified in the Bid, or the costs, in connection with the resubmission, of printing new CONTRACT DOCUMENTS, required advertising and printing and mailing notices to prospective Bidders, whichever is less, then this obligation shall be null and void, otherwise to remain in full force and effect. If the Obligee(s) accepts the Bid of the Principal, and the Principal, within 10 days after the awarding of the CONTRACT, enters into a proper CONTRACT and executes the Agreement Form in accordance with the CONTRACT DOCUMENTS, including without limitation the Bid, Plans, Specifications, details, and bills of material, which said CONTRACT is made a part of this Bond the same as though set forth herein; and

NOW ALSO, IF THE SAID Principal shall well and faithfully perform each and every condition of such CONTRACT; and indemnify the Obligee(s) against all damage suffered by failure to perform such CONTRACT according to the provisions thereof and in accordance with the CONTRACT DOCUMENTS, including without limitation Plans, Specifications, details, and bills of material therefore; and shall pay all lawful claims of Subcontractors, Material Suppliers and laborers for labor performed and materials furnished in the carrying forward, performing or completing of said CONTRACT; we, agreeing and assenting that this undertaking shall be for the benefit of any Subcontractor, Material Suppliers or laborer having a just claim, as well as for the Obligee(s) herein; then this obligation shall be void;

otherwise the same shall remain in full force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall in no event exceed the penal amount of this obligation as herein stated.

THE SAID Surety hereby stipulates and agrees that no modifications, omissions or additions, in or to the terms of said CONTRACT, the Work thereunder or the CONTRACT DOCUMENTS, including without limitation the Plans and Specifications, therefore, shall in any way affect the obligations of said Surety on its bond, and it does hereby waive notice of any such modifications, omissions or additions in or to the terms of the CONTRACT, the Work, or the CONTRACT DOCUMENTS, including without limitation the Plans and Specifications.

The parties to this bond recognize that the Ohio Department of Transportation has provided funding for the project to which this bond applies thereby enabling the subject project and do hereby agree that the Ohio Department of Transportation is a third-party beneficiary of this bond and shall enjoy the same rights as The City of Westerville, Ohio to enforce this bond.

SIGNED AND SEALED this day of , 20 .

Principal: Surety:

By: By:

Title: Title:

Surety Company Address:

Surety Agent ‘s Address:

2026 FRA-Westerville, Ohio to Erie Trail PID 124397

BID SCHEDULE

(A) (B) (C)

(A x B)ITEM SPEC CMS DESCRIPTION QUANTITY UNIT UNIT PRICE Unit Item TOTAL IN

FIGURES

1 202 COLS CURB REMOVED 113.00 FT

2 202 COLS CURB AND GUTTER REMOVED 166.00 FT

3 202 COLS PAVEMENT REMOVED, ASPHALT (3") 10,968.00 SY

4 202 COLS PAVEMENT REMOVED, CONCRETE 243.00 SY

5 202 COLS WALK REMOVED 2,017.00 SY

6 203 COLS EXCAVATION 2,354.00 CY

7 204 COLS EXCAVATION OF SUBGRADE, CONTINGENCY, AS DIRECTED 40.00 CY

8 204 COLS SUBGRADE COMPACTION 11,490.00 SY

9 301 COLS ASPHALT CONCRETE BASE 914.00 CY

10 304 COLS AGGREGATE BASE 1,915.00 CY

11 304 COLS AGGREGATE BASE, CONTINGENCY, AS DIRECTED 40.00 CY

12 407 COLS NON-TRACKING TACK COAT 733.00 GAL

13 12452 WEST 8" NON-REINFORCED CONCRETE PAVEMENT 243.00 SY

14 12604 WEST MH, INLET, OR CATCH BASIN ADJUSTED TO GRADE 3.00 EA

15 12608 WEST 4" CONCRETE WALK, PER WEST STD-RD-05, CLASS COC 5 471.00 SF

16 12608 WEST 6" CONCRETE WALK, PER WEST STD-RD-05, CLASS COC 5 1,896.00 SF

17 12608 WEST CURB RAMP, 6", CLASS COC, 6", PER WEST STD-RD-05, CLASS COC 5 16.00 EA

18 12608 WEST DETECTABLE WARNING, TYPE "E", DARK GRAY 328.00 SF

19 12609 WEST COMBINED CURB AND GUTTER, PER WEST STD RD-02, CLASS COC 5 166.00 FT

20 12609 WEST STRAIGHT 18" CONCRETE CURB, PER WEST STD RD-03, CLASS COC 5 113.00 FT

21 614 COLS DETOUR SIGNING, OHIO TO ERIE TRAIL 1.00 LS

22 614 COLS MOBILIZATION 1.00 LS

23 630 COLS GROUND MOUNTED SUPPORT, NO. 3 POST, BLACK 130.00 FT

24 630 COLS SIGN, FLAT SHEET 110.00 SF

25 630 ODOT SIGN MISC: SOLAR POWERED RRFB SYSTEM, COMPLETE 5.00 EA

26 642 COLS CENTERLINE, SINGLE SOLID, 4", TYPE 1 0.24 MI

2026 FRA-Westerville, Ohio to Erie Trail PID 124397

BID SCHEDULE

(A) (B) (C)

(A x B)ITEM SPEC CMS DESCRIPTION QUANTITY UNIT UNIT PRICE Unit Item TOTAL IN

FIGURES

27 12642 WEST CROSSWALK LINE, 24", TYPE 1 408.00 FT

28 12642 WEST YIELD LINE, 36", TYPE 1 108.00 FT

29 12653 WEST PROCESSED TOPSOIL, FURNISHED AND PLACED 232.00 CY

30 12659 WEST SEEDING AND MULCHING 2,089.00 SY

31 807 WEST WATER VALVE BOX ADJUSTED TO GRADE 5.00 EA

32 1530 COLS ASPHALT CONCRETE, SURFACE COURSE, TYPE 1 (448) PG 64-22 435.00 CY

33 12832 WEST STORM WATER POLLUTION PLAN 1.00 LS

34 12832 WEST TEMPORARY SEDIMENT AND EROSION CONTROLS 1.00 LS

CONTRACTOR: DOING BUSINESS AS:

ADDRESS:

CITY/STATE: PHONE NUMBER:

DATE: FAX NUMBER:

TITLE: EMAIL ADDRESS:

WEBSITE :

INFORMAL TOTAL $

Insert "a corporation", "a partnership", or "an individual" as applicable

SIGNATURE:

**THE BID MUST BE SIGNED**

Bidders are required to BID the Base BID and all ALTERNATES. Unit Prices set forth shall include all materials, equipment, labor, delivery, installation, overhead, profit, and any other cost or expense, in connection with or incidental to, the performance of that portion of the WORK to which the prices apply. The City of Westerville reserves the right to award the CONTRACT to the lowest and best BIDDER for the Base Bid only or for the Base Bid plus any combination of the alternates.

To the City of Westerville, Ohio, hereinafter called OWNER. In compliance with your Advertisement for BIDS, BIDDER hereby proposes to perform all WORK in strict accordance with the CONTRACT DOCUMENTS and to the complete satisfaction of the City, within the time and at the prices stated herein. By submission of this BID, each BIDDER certifies, and in case of a joint BID, each party thereto certifies as to their own organization, that this BID has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this BID with any other BIDDER or with any competitor.

BIDDER hereby agrees to commence WORK under this CONTRACT on or after a date to be specified in the NOTICE TO PROCEED and to fully complete the PROJECT on or before .

BIDDER further agrees to pay liquidated damages as provided in Section 108.07 of the General Provisions.

BIDDER acknowledges the receipt of the following ADDENDUM(s):

September 23, 2026

Contract Forms

CONTRACT

FORMS

NONCOLLUSION AFFIDAVIT

State of:

County of:

BID Identification:

CONTRACTOR:

Being first duly sworn, deposes as says that he/she is:

of (sole owner, a partnership, president etc.) (name of company) thepartymakingtheforegoingBID;thatsuchBIDisnotmadeintheinterestoforonbehalfofany undisclosedperson,partnership,company,association,organization,orcorporation;thatsuchBIDis genuineandnotcollusiveorsham;thatsaidBIDDERhasnotdirectlyorindirectlyinducedorsolicited anyotherBIDDERtoputinafalseorshamBID,andhasnotdirectlyorindirectlycolluded,conspired, connived, or agreed with any BIDDER or anyone else to put…