CITY OF TOLEDO, OHIO

Department of Transportation

Division of Engineering and Construction Management

NOTICE TO BIDDERS, PROPOSAL, CONTRACT

BONDS AND SPECIFICATIONS

PART 'B' - BID BOOK

FOR

SBE GOAL = 7%

BID RECEIVED:

NAME OF CONTRACTOR:

CONTRACT NO.:

CONTRACT DATE:

Christy L. Soncrant, P.E.

DIRECTOR COMMISSIONER

DEPARTMENT OF ENGINEERING AND

CONSTRUCTION MANAGEMENTTRANSPORTATION

Telegraph Road & Alexis Road Resurfacing & Multi-Use Path

LUC-US24-28.3

PID NO. 117877

11/17/2026

Wade Kapszukiewicz

MAYOR

Jeremy Mikolajczyk

DATE OF AUTHORIZATION = 9/11/26

i

T A B L E O F C O N T E N T S

NOTICE TO BIDDERS ...................................................................................NB-1 TO NB-6

ODOT/LPA REQUIRED CONTRACT PROVISIONS………………….....LPA-1 TO LPA-28

FHWA-1273 …………………………………………………………………………FH-1 to FH-14

UTILITY ADVISEMENT ......................................................................………UTIL-1 to UTIL-3

ENVIRONMENTAL IMPACTS...............................................................…………….. ENV-1

DAVIS-BACON WAGE RATES.....................................................……….. WR-1 TO WR-51

PREVAILING WAGES…………….…………………………………………..PR-X TO PR-72

SPECIAL PROVISIONS ............................................................................. SP-1 TO SP-29

SWP3 SHEETS ............................................................................. SWP3-1 TO SWP3-26

PROPOSAL

Unit Price Contract** .......................................................................... UP-1 TO UP-4

Proposal Forms*** .................................................................................. F-1 TO F-13

Public Notice .................................................................................... F-1 to F-2

Acknowledge and Acceptance.................................................................... F-3

Living Wage Contract Addendum........................................................... F-4

LPA Template EEO Form........................................................................F-5

Insurance Requirements……………………………………….…….F-6 TO F-8

Bid Guaranty……...................................................................................... F-9

Performance Bond.................................................................................... F-10

Contract Forms ................................................... ..................................C-1 TO C-6

**Unit Pricing must be entered on Planet Bids

***Documents will be in separate packets on Planet Bids

NB-1

Updated 10-3-2025

NOTICE TO BIDDERS

1. PROPOSAL

The City of Toledo desires to enter into a contract for the Telegraph Road & Alexis Road

Resurfacing & Multi-Use Path LUC-US24 28.3 Project, PID 117877.

This project will resurface 1.04 miles of pavement on Telegraph Road, from Detroit Avenue to New Towne Square Drive. This project will also resurface 0.32 miles of pavement on Alexis Road from 712’ West of Telegraph to 976’ East of Telegraph. Part of the resurfaced pavement will become a 10’ multi-use path while the Northern part will have a 10’ multi-use path off of the road. Roadway signals and striping will be updated as well.

The quantities specified are estimated and informative only and not a binding offer of purchase on the part of the City. The City of Toledo reserves the right to either increase or decrease the contract quantities.

Proposals for the work as described in this document, PART ‘B’ - BID BOOK Telegraph Road & Alexis Road Resurfacing & Multi-Use Path LUC-US24 28.3 Project, PID 117877, endorsed with the name of the bidder, any other interested persons, the date of its presentation, will be received through the Planet Bids website (accessible through the City of Toledo Website at https://toledo.oh.gov/business/how-to-do-business-with-the-city), until 1:30 p.m., Toledo LOCAL Time, on the BID RECEIVED date shown on the cover of this book, at which hour the online bids will be publicly opened and read at the office of the Commissioner of Purchases and Supplies Division, One Government Center, Suite 2000 (located at Erie and Jackson Streets), Toledo, Ohio. No bids will be accepted that are not submitted through the Planet Bids website.

All bids must conform to the attached specifications. Any and all deviations from the specifications must be clearly detailed.

The successful bidder assumes all obligations and liabilities, and expressly makes all representations and warranties imposed within the contract provisions. No effort is made to emphasize any particular provisions of the Contract, but bidders must be familiar with every provision and its effect.

By signing a contract, the Contractor agrees to work with the City in organizing, controlling and expediting these efforts at no cost to the City.

The City of Toledo, Division of Engineering and Construction Management, “PART ‘A’ - STANDARDS – 2026” and the “2026 City of Toledo Construction Standards”, shall govern and are a part of this Proposal and Contract, unless specifically noted in this book.

Where apparent conflicts exist between “PART ‘A’ - STANDARDS – 2026” and “PART ‘B’ - BID BOOK”, the terms of “PART ‘B’ - BID BOOK” will govern.

A copy of “PART ‘A’ - STANDARDS – 2026” and the “2026 City of Toledo Construction

NB-2

Standards” are available at the City of Toledo Website (https://toledo.oh.gov/departments/transportation/engineering-construction-management) via For Contractors & Consultants/Construction Standards drop down menu.

2. PROJECT PLANS

A download of the plans for this project can be obtained from the Planet Bids website at no charge.

3. QUESTIONS PERTAINING TO THE PLANS AND SPECIFICATIONS

All questions regarding the plans and specifications must be in writing by through the Planet Bids website. The City’s response will be placed on Planet Bids for all potential bidders.

This will assure that all potential bidders have the benefit of the same answers to the same questions.

4. REQUIREMENTS FOR PROPOSALS

Bidders are warned that all bids, which are deficient in any of the following requirements, may be rejected:

Each bid must be accompanied by a sufficient Surety Bond on the form included in the project’s B Book (marked "Proposal Guaranty") executed by the bidder and a Surety Company together with a power of attorney showing the authority of the person or persons executing the bond for the surety or the sureties, and the date of the bond, to the satisfaction of the Mayor, or else by a certified check on some solvent bank payable to the City of Toledo in the sum of not less than five percent (5%) of the Estimated Total Contract price shown on the bidder's Proposal, but no more than $200,000. Should any bidder whose Proposal has been accepted by the Mayor refuse or fail to enter into the Contract and furnish the Contract Bond therefore as specified herein, the Mayor shall be entitled to collect on the said Proposal Guarantee Bond or deduct from the said check an amount equal to the excess of the Estimated Total Contract Price shown in the Proposal finally accepted over that contained in the Proposal of the originally accepted bidder. This deduction will be in the form of liquidated damages to the City and not in the nature of a penalty.

Each proposal must also be accompanied by the following:

If the bidder is a corporation, a statement of the names and residences of its officers and directors, a certified copy of its Certificates of Incorporation, and proof of its authority to do business in the State of Ohio. If a partnership, a statement of the names and residences of its members indicating which are general and which are specific partners. If an individual, a statement of his residence is required.

Unless otherwise specified, bids shall be guaranteed for Ninety (90) days.

NB-3

5. RIGHT TO ACCEPT AND REJECT PROPOSALS

The City of Toledo reserves the right to reject any, or any part of any, or all bids, to waive technicalities, to advertise for new bids or to make the award if, in the judgment of the City, the best interest of the City will be promoted thereby.

6. OTHER REQUIREMENTS

Attention is called to Section 100, General Provisions, of the 2023 State of Ohio, Department of Transportation "Construction & Material Specifications” as amended by the City of Toledo “Part ‘A’ – Standards – 2026”, which contain specifications and provisions supplementing this proposal and contract. The materials and methods for the work to be accomplished shall be in accordance with industry standards and the latest local, State and Federal regulations for the type of work involved and those specifically stated herein.

The Contractor shall take particular note of contract form provisions, dealing with Time of Performance and Liquidated Damages, which will be used in the determination of resulting damages in the event this contract obligation is not fulfilled by the specified completion date.

Not less than the minimum salaries and wages as set forth in the contract documents shall be paid on this project. The Contractor shall insure that employees and applicants for employment are not discriminated against because of their race, religion, color, national origin, sex, age, ancestry or handicap.

In compliance with the Affirmative Action Program as promulgated by the U.S. Department of Labor - Office of Contract Compliance, Governor of Ohio's executive order of January 27, 1972, and the City of Toledo Ordinance No. 527-73, the successful bidder shall be required to execute "Bidder Certification Forms" on the bidder's compliance to the Affirmative Action Program. The successful bidder shall execute the said forms before a contract may be entered into.

Any documents submitted with bid or proposal, will be treated by the City as a public document unless informed in writing by bidder that bidder considers such document to contain trade secrets under Ohio law. The City may require additional information in support of such claim.

The successful vendor shall protect the City from any and all infringements of patents, royalties or damages arising from the transaction.

The contracting party and all subcontractors performing services under this contract within the City of Toledo, Ohio, are subject to the provisions of the Toledo Income Tax Ordinance requiring a payment to the City of Toledo of two and one half percent (2 ½ %) tax on all net profits attributable to their activities within the limits of the City of Toledo, and shall withhold said tax on the entire wages paid to both resident and nonresident employees performing services within the limits of the said city.

NB-4

As soon as the recommendation of award of bid is made, the contract documents will be sent to the successful vendor for execution, complete with required bonding, insurance and indemnification. If the contracts are not executed, completed and returned to the City within ten (10) calendar days of the date of sending, the bid bond/check may be declared forfeited as liquidated damages.

The City of Toledo is a public entity that must comply with certain legal requirements and internal review procedures prior to awarding any contract. No party has a right to expect that he/she/it will be awarded a contract with the City absent adherence to these legal requirements and review procedures. All contracts with the City of Toledo must contain the signature of the Mayor or the Mayor's duly authorized designee.

The City reserves the right to refuse to enter into a contract with any party unless and until all legal requirements have been met, all internal review procedures have been adhered to, and the Mayor or the Mayor's duly authorized designee executes the contract.

PERFORMANCE BOND (may be applicable per TMC 187.28) Every contract involving an expenditure of the amount of forty thousand dollars ($40,000) or more for the performance of work and labor and for the installation of equipment upon any street, highway, bridge, building or other public improvement in which both labor and material are involved, shall be accompanied by a bond in the Ohio statutory form, in an amount not less than the bid price, of the contractor to the City, guaranteeing the performance of the contract according to its provisions and payment of all lawful claims of subcontractors, material suppliers and laborers for work performed or materials furnished in performing the contract, and indemnifying the City against damages suffered by failure to perform the contract. Such bond shall be for the benefit of any subcontractor, material supplier or laborer having a just claim as well as the City.

PREVAILING WAGE

This is a prevailing wage project. The latest prevailing wage rates at the time this bid was posted are available on the “Documents” tab of this bid in PlanetBids. The successful bidder shall submit certified payrolls to the City for all labor performed on the project 2 weeks after start dates and weekly thereafter. Please Note; Pre-Construction meeting w/ Compliance is required prior to work starting.

TARIFFS

Proposers must clearly identify any portion of their pricing that may be subject to fluctuation due to current or future tariffs, duties, or trade restrictions imposed by the United States or other governing bodies.

If any materials, products, or components included in the proposal are subject to tariffs or similar trade measures, the proposer should identify these items and specify the associated cost impact within the pricing section of their proposal. The awarded contractor shall not adjust pricing after contract execution unless such adjustment is directly attributable to a documented and material change in tariff costs that could not have been reasonably anticipated at the time of the proposal.

NB-5

Any request for price adjustment due to tariff changes must include detailed supporting documentation and will be subject to review and approval by the City.

BID SUBMISSION

Bids for this project can be accepted via e-bid only through the City of Toledo’s PlanetBids portal. Bid submittals or other transmissions of information have not been completed until an email confirmation of the transmission has been issued by PlanetBids. Bids prices shall be to two (2) decimal places (i.e. $0.00) or four (4) decimal places (i.e. $0.0000). Only one (1) price per line item will be accepted with this bid.

In order to be considered, the bidder must have submitted the City Paperwork Packet* to the City of Toledo. If any information pertaining to this document changes, it is the company’s responsibility to notify the city and update the applicable information. This submission includes:

Vendor Registration Form Business Tax Registration Form Child Support Affidavit, notarized Vendor Utility

In order to be considered, the bidder must have submitted the following forms to the City of Toledo once in the calendar year the project is advertised:

Annual Paperwork Packet*, which includes:

o Equal Employment Opportunity Certification o Living Wage Affidavit, updated no later than February 1st o Debarment Certification o W-9

Certificate of Insurance, naming the City of Toledo as an additional insurer & through expiration and then annually

Bureau of Worker’s Compensation Certificate, through expiration and then annually

In order to be considered, the bidder must submit the following forms to the City of Toledo for each project the company bids on:

ODOT Project Paperwork Packet*, which includes:

o Acknowledgement and Acceptance of Terms & Conditions o Living Wage Contract Addendum

Signed Contract by the Vendor* Tax Exemption Certificate* Bid Guaranty (bid bond or certified check / cashier's check on a solvent bank) Line Items**

*Located on PlanetBids in the "Documents" tab **Located on PlanetBids in the “Line Items” tab

NB-6

Bid Guaranty requirements are located on the “Bid Information” tab on PlanetBids. The bid guaranty shall be in the form of a cashier’s check/official check on a solvent bank or a bid bond. If using a check as the bid guaranty, the check must be scanned and uploaded with your bid. In addition, the check must be received by the Division of Purchases and Supplies no later than the due date and time to be deemed responsive.

No Company / No Personal checks will be accepted. Checks shall be made payable to “City of Toledo.” If your company is using a bid bond, scan and upload with bid; the original does not need to be received by the City of Toledo. If your company does not provide a bid guaranty, your bid submittal will be deemed non-responsive. (TMC 187.09)

City of Toledo Division of Purchases and Supplies One Government Center, Suite 2000 640 Jackson Street Toledo, OH 43604

ODOT Local-let Federal Bid Doc Template Revised (07/08/2026)

ODOT’s LPA Template (ODOT SpecificaƟon Book and LPA SpecificaƟon Book)

Required Contract Provisions

1 ODOT’S 2023 CONSTRUCTION AND MATERIAL SPECIFICATIONS

(C&MS) AND ITS SUPPLEMENTS

ODOT’s ConstrucƟon and Material SpecificaƟons (C&MS) and its supplements are fully incorporated by reference, as if they were rewriƩen here. This incorporaƟon does not affect the order of precedence outlined in SecƟon 105.04 of the C&MS Manual.

When bidding on this project, the Prime Contractor should replace the terms “the department,” “the engineer,” “the DCE,” and “the DCA” with “the Local Public Agency (LPA).” AddiƟonally, this document does not change the LPA’s duty to comply with the Ohio Revised Code (O.R.C.), local ordinances, and/or other applicable requirements.

2 PN (PROPOSAL NOTE) 100 FOR LPA PROJECTS

LPAs have the opƟon to incorporate PN 100 into their contracts to include specific preferences.

PN 100 Inclusion OpƟons (Check One):

PN 100 is included in the contract ☐

PN 100 is not included in the contract ☒

If PN 100 is included, it must be edited and added to the contract.

3 PN 133 – 07/18/2025 – PRODUCTS PRODUCED IN THE UNITED

STATES

The requirements of this note replace the domesƟc material requirements in 106.09 of the C&S.

Furnish products that are produced in the United States according to the applicable provisions of the

Infrastructure Investment and Jobs Act (IIJA), Pub. L. No. 117-58, which includes the Build America, Buy

America Act (BABA) Pub. L. 117-58, §§ 70901-27, and 23 CFR 635.410.

A. Federal Requirements. All steel or iron products incorporated permanently into the work must be made of steel or iron produced in the United States and all subsequent manufacturing must be performed in the United States. “Manufacturing” is any process that modifies the chemical content;

physical shape or size; or final finish of a product. Manufacturing as it relates to steel or iron products begins with the iniƟal melƟng and mixing and conƟnues through the bending and coaƟng stages.

“Manufactured products” means arƟcles, materials, or supplies that have been processed into a specific form and shape, or combined with other arƟcles, materials, or supplies to create a product with different properƟes than the individual arƟcles, materials, or supplies. If a domesƟc product is taken out of the

United States for any process, it becomes a foreign source material.

All manufactured products used in the project must be manufactured in the United States (“final assembly requirement”) and have greater than 55 percent of the manufactured product’s components, by cost, be mined, produced, or manufactured in the United States (“55 percent requirement”).

“Component” means an arƟcle, material, or supply, whether manufactured or unmanufactured, incorporated directly into a manufactured product or, where applicable, an iron or steel product. If a manufactured product is predominately iron, steel or a combinaƟon of both it must meet the above requirements for steel or iron products. Predominately iron or steel or a combinaƟon of both means the total cost of the iron and steel content exceeds 50 percent of the total cost of all its components.

Manufactured products on projects that receive Federal authorizaƟon on or aŌer October 1, 2025 must meet the final assembly requirement. Manufactured products on projects that receive Federal authorizaƟon on or aŌer October 1, 2026 must meet the final assembly requirement and the 55 percent requirement.

All construcƟon materials must be manufactured in the United States—this means that all manufacturing processes for the construcƟon material occurred in the United States.

“ConstrucƟon materials” includes an arƟcle, material, or supply—other than an item of primarily iron or steel; cement and cemenƟƟous materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or addiƟves—that is or consists primarily of:

Non-ferrous metals;

PlasƟc and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber opƟc cables);

Glass (including opƟc glass);

Fiber opƟc cable (including drop cable);

OpƟcal fiber;

Lumber;

Engineered wood; and

Drywall.

To provide clarity to item, product, and material manufacturers and processers, we note that items that consist of two or more of the listed materials that have been combined together through a manufacturing process, and items that include at least one of the listed materials combined with a material that is not listed through a manufacturing process, should be treated as manufactured products, rather than as construcƟon materials. For example, a plasƟc framed sliding window should be treated as a manufactured product while plate glass should be treated as a construcƟon material.

ConstrucƟon materials brought on site and combined with other materials are not considered manufactured products.

Precast concrete products that are classified as manufactured products must have their predominantly iron or steel components meet the above requirements for iron and steel. The cabinets or other enclosures of intelligent transportaƟon systems and other electronic hardware systems that are installed in the highway right of way and classified as manufactured products must comply with the above requirements for iron and steel if the cabinet or enclosure is predominately iron or steel.

B. ExcepƟons. The Director may grant specific wriƩen permission to use non-domesƟc steel or iron products in any type of construcƟon in accordance with 23 CFR 635.410(b)(4). The Director may grant such excepƟons under the following condiƟon:

The cost of products to be used does not exceed 0.1 percent of the total contract cost, or

$2,500, whichever is greater. The cost is the value of the product as delivered to the project.

The Director may grant specific wriƩen permission to use non-domesƟc construcƟon materials or manufactured products in any type of construcƟon in accordance with 2 CFR Part 184. The Director may grant such excepƟons under the following condiƟons:

The total value of the non-compliant products is no more than the lesser of $1,000,000 or 5% of total applicable costs for the project; or o applicable costs are defined as the cost of materials (including the cost of any manufactured products) used in the project that are subject to a domesƟc preference requirement o the actual cost of the materials, not the anƟcipated cost of those materials.

The total amount of the federal financial applied to the project, through awards or subawards, is below $500,000;

The Prime Contractor may request an excepƟon on forms provided by the Department.

The Buy America preference only applies to arƟcles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construcƟon site and removed at or before the compleƟon of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.

C. Proof of DomesƟc Origin. Furnish cerƟficaƟon to the engineer showing the domesƟc origin of all products covered by this secƟon before they are incorporated into the work. The Daily Source Report form itself is not acceptable cerƟficaƟon of domesƟc origin. Acceptable documentaƟon could be a specificaƟon sheet or cut sheet with the country of origin idenƟfied on the sheet. Non-domesƟc product(s) incorporated into the work does not relieve the Prime Contractor of any responsibility to correct the work up to and including removal and replacement of the non-domesƟc product(s).

Products without a traceable domesƟc origin will be treated as a non-domesƟc product.

4 PREQUALIFICATION

Only ODOT-prequalified contractors are eligible to submit bids for this project. PrequalificaƟon status must be in force at the Ɵme of bid, at the Ɵme of award, and through the life of the construcƟon contract. For work types that ODOT does not prequalify, the LPA must sƟll select a qualified contractor.

Subcontractors are not subject to the prequalificaƟon requirement. The Prime Contractor must perform no less than 30 percent of the total original contract price.

5 FEDERALLY REQUIRED EQUAL EMPLOYEMENT OPPORTUNITY

CERTIFICATION FORM

The bidder hereby cerƟfies that he or she has ...., has not ...., parƟcipated in a previous contract or subcontract subject to the equal opportunity clause, and that he or she has ...., has not ...., filed with the

Joint ReporƟng CommiƩee, the Director of the Office of Federal Contract Compliance, a Federal

Government Contract Compliance, a Federal Government contracƟng or administering agency, or the former President's CommiƩee on Equal Employment Opportunity (‘EEO”), all reports due under the applicable filing requirements. The bidder must circle the appropriate “has” or “has not” above.

6 PN 017 - 10/15/2004 - FEDERALLY REQUIRED EEO CERTIFICATION

CLAUSE

The EEO CerƟficaƟon is required by the Equal Employment Opportunity RegulaƟons of the Secretary of

Labor (41 CFR 60-1.7 (b) (1)) and must be submiƩed by bidders and proposed subcontractors only in connecƟon with contracts and subcontracts which are subject to the equal opportunity clause (41 CFR

60-1.4). Contracts and subcontracts that are exempt from the equal opportunity clause are set forth in

41 CFR 60-1.5.

Currently, Standard Form 100 (EEO-1) is the only report required by the implemenƟng regulaƟons.

Proposed Prime Contractors and subcontractors who have parƟcipated in a previous contract or subcontract and have not filed the required reports should note that 41 CFR 60-1.7 (b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway AdministraƟon (FHWA) or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor.

7 PN 059 - 10/15/2004 - WAGE DETERMINATION APPEALS PROCESS

1. Has there been an iniƟal decision in the maƩer? This can be:

a. An exisƟng published wage determinaƟon

b. A survey underlying a wage determinaƟon

c. A Wage and Hour Division leƩer seƫng forth a posiƟon on a wage determinaƟon maƩer

d. A conformance (addiƟonal classificaƟon and rate) ruling

On survey related maƩers, iniƟal contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those regional offices have responsibility for the Davis-Bacon survey program. If the response for this iniƟal contact is not saƟsfactory, the process described in SubsecƟons 2. and 3. should be followed.

Regarding any other maƩer not yet ready for the formal process described within this secƟon, iniƟal contact should be made with the Branch of ConstrucƟon Wage DeterminaƟons by wriƟng to:

Branch of ConstrucƟon Wage DeterminaƟons

Wage and Hour Division

U. S. Department of Labor

200 ConsƟtuƟon Avenue, N.W.

Washington, D. C. 20210

2. If the answer to the quesƟon in SubsecƟon 1. is yes, an interested party (those affected by the acƟon) can request review and reconsideraƟon from the Wage and Hour Administrator (see 29

CFR 1.8 and 29 CFR Part 7) by wriƟng to:

Wage and Hour Administrator

U. S Department of Labor

200 ConsƟtuƟon Avenue, N.W.

Washington, D. C. 20210

The request should be accompanied by a full statement of the interested party's posiƟon and any informaƟon (wage payment data, project descripƟon, area pracƟce material, etc.) that the requester considers relevant to the issue.

3. If the decision of the Administrator is not favorable, an interested party may appeal directly to the AdministraƟve Review Board (formerly the Wage Appeals Board) by wriƟng to:

AdministraƟve Review Board

U. S. Department of Labor

200 ConsƟtuƟon Avenue, N. W.

Washington, D. C. 20210

4. All decisions by the AdministraƟve Review Board are final.

8 PN 061 – 01/20/2016 -WAGE SCALE ON ALL FEDERAL-AID PROJECTS

The wage rates for this project were determined by the Secretary of Labor in accordance with Federal- Aid requirements.

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

This USDOL wage decision may be viewed at hƩps://sam.gov/wage-determinaƟons.

This contract requires the payment of the total of the basic hourly rates plus the fringe benefits payments for each classificaƟon in accordance with the following regulaƟons, which by reference are made part of this contract:

1) The USDOL RegulaƟons, 29 CFR 5.5, 5.31, and 5.32, most recent revision at contract execuƟon.

2) Form FHWA-1273 (most recent revision at contract execuƟon) Part IV. Payment of

Predetermined Minimum Wage and Part V. Statements and Payrolls.

The failure to pay prevailing wages to all laborers and mechanics employed on this project shall be considered a breach of contract. Such a failure may result in the terminaƟon of the contract and debarment.

The Prime Contractor and all subcontractors shall pay all wages and fringe benefits by company check.

All payroll records and canceled pay checks shall be maintained for at least three years aŌer final acceptance as defined in SecƟon 109.12 of the C&MS. The Prime Contractor’s and all subcontractor’s payroll records and canceled pay checks shall be made available for inspecƟon by ODOT and USDOL, upon request, anyƟme during the life of the contract, and for three years thereaŌer by USDOL.

AddiƟonally, the Prime Contractor and all subcontractors shall permit such representaƟves to interview any employees during working hours while the employee is on the job.

The wage and fringe rates determined for this project shall be posted by the Prime Contractor in a prominent and accessible place on the project, field office, or equipment yard where they can be easily read by the workers.

The Prime Contractor and subcontractors shall submit cerƟfied payrolls each week beginning three weeks aŌer the start of work. These payrolls shall include but not limited to the following:

1. Employee name, address, social security number, classificaƟon, and hours worked.

2. The basic hourly and overƟme rate paid, total pay, and the manner in which fringe benefit payments have been irrevocably made.

3. The contract ID and pay week dates.

4. Signature of an authorized company representaƟve.

AddiƟonally, a copy of the “ApprenƟce CerƟficaƟon” obtained from the Ohio State ApprenƟceship Council, must accompany all cerƟfied payrolls submiƩed for all apprenƟces working on this project.

Please be aware that it is ulƟmately the responsibility of the Prime Contractor to ensure that all laws relaƟng to prevailing wages in the USDOL RegulaƟons, 29 CFR Parts 1 and 5, are strictly adhered to by all subcontractors on the project.

If the Prime Contractor or any subcontractor fails to comply with any of the provisions contained in this proposal note, ODOT may terminate the contract, debar the Prime Contractor or subcontractor and/or withhold or suspend pay esƟmates aŌer wriƩen noƟce and a reasonable opportunity to comply has been provided.

9 LIMITATION ON USE OF CONTRACT FUNDS FOR LOBBYING

A. The prospecƟve bidder cerƟfies, by signing and submiƫng this bid proposal, to the best of his or her knowledge and belief that:

i. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or aƩempƟng to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of

Congress, or an employee of a member of Congress in connecƟon with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperaƟve agreement, and the extension, conƟnuaƟon, renewal, amendment, or modificaƟon of any federal contract, grant, loan, or cooperaƟve agreement.

ii. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or aƩempƟng to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connecƟon with this federal contract, grant, loan, or cooperaƟve agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure

Form to Report Lobbying" in accordance with its instrucƟons.

B. This cerƟficaƟon is a material representaƟon of fact upon which reliance was placed when this transacƟon was made or entered into. This cerƟficaƟon is a prerequisite for making or entering into this transacƟon imposed by 31 U.S.C. 1352. Any person who fails to file the required cerƟficaƟon shall be subject to civil penalty of not less than $10,000 and not more than

$100,000 for each such failure.

C. The prospecƟve bidder also agrees by submiƫng his or her bid proposal that he or she shall require the language of this cerƟficaƟon be included in all lower Ɵer subcontracts which exceed

$100,000 and that all such subcontractors shall cerƟfy and disclose accordingly.

10 PN 045 - 10/15/2004 - NON -COLLUSION AFFIDAVIT

In accordance with 23 U.S.C. 112 and O.R.C. Chapter 1331 et. seq. and SecƟons 2921.11 and 2921.13, the bidder hereby states, under penalty of perjury and under other such penalƟes as the law provides, that he/she or his/her agents or employees have not entered, either directly or indirectly, into any agreement, parƟcipated in any collusion, or otherwise taken any acƟon in restraint of free compeƟƟve bidding in connecƟon with this proposal. ExecuƟon of this proposal on the signature porƟon thereof shall also consƟtute signature of this Non-Collusion Affidavit as permiƩed by 28 US.C. 1746.

REPORTING BID RIGGING

To report bid rigging acƟviƟes call:

1-800-424-9071

The U.S. Department of TransportaƟon (USDOT) operates the above toll-free "hotline" Monday through

Friday, 8:00 a.m. to 5:00 p.m. Eastern Standard Time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent acƟviƟes should use the “hotline” to report such acƟviƟes.

The "hotline" is part of the USDOT's conƟnuing effort to idenƟfy and invesƟgate highway construcƟon contract fraud and abuse and is operated under the direcƟon of the USDOT Inspector General. All informaƟon will be treated confidenƟally, and caller anonymity will be respected.

Knowledge of possible bid rigging, bidder collusion, or other fraudulent acƟviƟes can also be reported via e-mail (hotline@oig.dot.gov) or through their website Report Fraud Hotline | DOT OIG

11 DRUG FREE SAFETY PROGRAM

During the life of this project, the Prime Contractor, and all its subcontractors that provide labor on the project site, must be enrolled in and remain in good standing in the Ohio Bureau of Worker’s

CompensaƟon (OBWC) Drug-Free Safety Program (DFSP) or a comparable program approved by the

OBWC.

In addiƟon to being enrolled in and in good standing in the OBWC DFSP or a comparable program approved by the OBWC, ODOT requires each Prime Contractor and subcontractor that provides labor, to subject its employees who perform labor on the project site to random drug tesƟng of 5 percent of its employees. The random drug tesƟng percentage must also include the on-site supervisors of the Prime

Contractors and subcontractors. Upon request, the Prime Contractor and subcontractor shall provide evidence of required tesƟng to ODOT.

Each subcontractor shall require all lower-Ɵer subcontractors that provide labor on the project site with whom the subcontractor is in contract with for the work to be enrolled in and be in good standing in the

OBWC DFSP or a comparable program approved by the OBWC prior to a lower-Ɵer subcontractor providing labor at the site.

ODOT will declare a bid non-responsive and ineligible for award if the Prime Contractor is not enrolled and in good standing in the OBWC DFSP Discount Program or a similar program approved by OBWC within 8 days of the bid opening. Furthermore, ODOT will deny all requests to sublet when the subcontractor does not comply with the provisions of this secƟon.

Failure of the Prime Contractor to require a subcontractor to be enrolled in and be in good standing in the OBWC DFSP or a comparable program approved by the OBWC prior to the Ɵme that the subcontractor provides labor at the site, shall result in the Prime Contractor being found in breach of the contract and that breach shall be used in the responsibility analysis of that Prime Contractor, or the subcontractor who was not enrolled in a program, for future contracts with the state for five years aŌer the date of the breach.

12 OHIO WORKERS’ COMPENSATION COVERAGE

The Prime Contractor must secure and maintain valid Ohio workers’ compensaƟon coverage unƟl the project has been finally accepted by ODOT. A cerƟficate of coverage evidencing valid workers’ compensaƟon coverage must be submiƩed to the LPA before the contract is executed by the LPA.

The Prime Contractor must immediately noƟfy the LPA in wriƟng if it or any subcontractor fails or refuses to renew their workers’ compensaƟon coverage. Furthermore, the Prime Contractor must noƟfy the LPA in wriƟng if it’s or any of it’s subcontractor’s workers’ compensaƟon policies are canceled, terminated, or lapse.

The failure to maintain valid workers’ compensaƟon coverage shall be considered a breach of contract which may result in the Prime Contractor or subcontractor being removed from the project, withholding of pay esƟmates, and/or terminaƟon of the contract.

13 PN 038 - 10/15/2004 - UNRESOLVED FINDING FOR RECOVERY

The Prime Contractor affirmaƟvely represents to the LPA that it is not subject to a finding for recovery under O.R.C. 9.24, or that it has taken the appropriate remedial steps required under O.R.C. 9.24 or otherwise qualifies under that secƟon. The Prime Contractor agrees that if this representaƟon is deemed to be false, the contract shall be void ab iniƟo as between the parƟes to this contract, and any funds paid by the state hereunder shall be immediately repaid to the LPA, or an acƟon for recovery may be immediately commenced by the LPA and/or for recovery of said funds.

14 PN 039 - 10/15/2004 - ASSIGNMENT OF ANTITRUST CLAIMS IN

STATE CONTRACT LANGUAGE

The Prime Contractor should recognize that in actual economic pracƟce, overcharges resulƟng from anƟtrust violaƟons are usually borne by ODOT and/or the LPA. As consideraƟon for the award of the contract and intent to be legally bound, the Prime Contractor acƟng herein by and through the person signing this contract on behalf of the contractor as a duly authorized agent, hereby assigns, sells, conveys, and transfers to ODOT and/or the LPA any and all right, Ɵtle, and interest to any and all claims and causes of acƟon the Prime Contractor now has or hereaŌer requires under state or federal anƟtrust laws provided the claims or causes of acƟon related to the goods or services are the subject to the contract. In addiƟon, the Prime Contractor warrants and represents that it will require all of its subcontractors and first-Ɵer suppliers to assign all federal and state anƟtrust claims and causes of acƟon to ODOT and/or the LPA. The provisions of this arƟcle shall become effecƟve at the Ɵme the LPA executes this contract without further acknowledgment by any of the parƟes.

All contracƟng enƟƟes shall assign their rights and responsibiliƟes to ODOT and/or the LPA for all anƟtrust claims and causes of acƟon regarding subcontractors.

15 PN 024 – 04/21/2006 – US ARMY CORPS OF ENGINEERS AND OHIO

ENVIRONMENTAL PROTECTION AGENCY PERMITS

The above-referenced permits are incorporated and made a part of this contract as special provisions incorporated herein. Therefore, in the event the contractor or its agents refuse or fail to adhere to the requirements of the US Army Corps of Engineers 404 Permit and/or the Ohio Environmental ProtecƟon

Agency’s 401 Water Quality CerƟficaƟon and an assessment or fine is made or levied against ODOT and/or the LPA, the Prime Contractor shall reimburse ODOT and/or the LPA within 30 calendar days of the noƟce of assessment or fine, or ODOT may withhold the amount of the fine from the Prime

Contractor's next pay esƟmate. All money collected or withheld from the Prime Contractor shall be delivered to the permiƫng agencies issuing the assessment or fine.

These fines are not to be construed as a penalty but are liquidated damages to recover costs assessed against ODOT due to the Prime Contractor's refusal or failure to comply with the permits.

16 PN 008 – 11/7/2025 – SMALL BUSINESS ENTERPRISE (SBE)

TRUCKING; SBE SUPPLIERS

COUNTING SBE TRUCKING TOWARDS SBE CONTRACT GOALS

The Apparent Low Bidder/Awarded Contractor may meet a Small Business Enterprise (SBE) contract goal using SBE trucking firms, but only when such firms perform a commercially useful funcƟon (CUF). The

Bidder/Apparent Low Bidder/Awarded Contractor must not include an SBE trucking firm on its SBE

UƟlizaƟon Plan if it is aware that the firm will not be performing a CUF. Even if an SBE trucking firm will be performing a CUF, the dollar amount of trucking services it provides may not be fully countable towards the SBE contract goal. When including an SBE trucking firm that will be performing a CUF on its

SBE UƟlizaƟon Plan, the Bidder/Apparent Low Bidder/Awarded Contractor must only include the porƟon of the dollar amount of which it is aware will count towards the SBE contract goal.

The Apparent Low Bidder/Awarded Contractor is responsible for performing any Good Faith Efforts

(GFEs) that may be necessary if it includes, in good faith, an SBE trucking firm on its SBE UƟlizaƟon Plan and the Apparent Low Bidder/Awarded Contractor becomes aware (or is made aware) that the SBE trucking firm is not performing a CUF or that the trucking services provided by the SBE trucking firm are not countable to the extent previously believed.

An SBE trucking firm performs a CUF only when:

• It provided the Bidder/Apparent Low Bidder/Awarded Contractor with a quote. The SBE trucking firm must be given the opportunity to negoƟate its rates.

• It is responsible for the management and supervision of its enƟre trucking operaƟon, including any valid arrangement(s) (as described below) in which its services are countable towards the

SBE contract goal. The extent of the SBE trucking firm’s management and supervision are considered on a case-by-case basis. The existence of a contract between the Awarded Contractor and the SBE trucking firm is not in and of itself an indicator that the SBE trucking firm is performing a CUF, especially if the contract exists for the mere purpose of creaƟng the appearance of SBE parƟcipaƟon.

• It must own and operate at least one fully licensed, properly insured, and operaƟonal truck used on the contract.

When an SBE trucking firm performs a CUF, the dollar amount of trucking services it provides counts towards the SBE contract goal only in instances meeƟng at least one of the following criteria:

• It provides trucking services using trucks it owns, properly insures, and operates using drivers it employs (i.e., that are not 1099 “employees”/independent contractors).

• It provides trucking services with trucks that are leased on a long-term basis (i.e., one year or more) from a non-SBE truck leasing company, properly insured, and operated by drivers it employs.

The dollar amount of trucking services provided using leased trucks will only be countable in cases where all the following circumstances apply:

• The SBE trucking firm’s lease indicates that the SBE trucking firm has exclusive use of and control over the leased truck(s), including responsibility for maintenance and insurance. This does not preclude the leased truck(s) from working for others during the term of the lease with the SBE trucking firm’s consent, as long as the lease gives the SBE trucking firm absolute priority for use of the leased truck(s).

• The leased trucks display the SBE trucking firm’s name and federal idenƟficaƟon number.

• The leased truck(s), when onsite, carry a copy of the lease agreement.

SBE TRUCKING DISCLOSURE AFFIDAVITS

In order to ensure that Prime Contractors are monitoring SBE trucking/hauling operaƟons on projects with federal funding, Prime Contractors must complete a monthly SBE Trucking Disclosure Affidavit

(“Affidavit”). An Affidavit must be completed for all SBE trucking/hauling operaƟons, regardless of whether the work is counƟng towards an SBE contract goal. The Affidavit will be completed by the Prime

Contractor and emailed to the Local Public Agency (LPA) by the 10th of each month. This informaƟon will be used to affirm SBE and non-SBE trucking uƟlized by each SBE firm performing those duƟes during the previous month.

The LPA will monitor trucking with the following requirements for all Local-let projects:

1. The LPA will require Prime Contractors to provide it with a master list of trucks for all anƟcipated

SBE trucking firms at the Ɵme of the pre-construcƟon meeƟng. Prime Contractors must use the

LPA Project DBE/SBE Trucking InformaƟon form for this purpose, which is available at 7

ConstrucƟon Contract AdministraƟon | Ohio Department of TransportaƟon.

Note: If no SBE trucking is anƟcipated on a project, the Prime Contractor will check the box “No

AnƟcipated SBE Trucking Affidavit” on the first submiƩal of the Prompt Payment Spreadsheet in

GoFormz. If SBE trucking/hauling does occur, the Prime Contractor must noƟfy the LPA within seven (7) days of the SBE trucking acƟvity. The Prime Contractor will then complete the Affidavits as required below on each Prompt Payment Spreadsheet.

2. The LPA will require Prime Contractors to complete the Affidavit disclosing the SBE trucking operaƟons during the previous month when compleƟng the Prompt Payment Spreadsheet in

GoFormz. The Prime Contractor will complete the Trucking Affidavit secƟon on the Prompt

Payment Spreadsheet on each reimbursement submiƩal. The Prime Contractor will select one of the following opƟons on the Trucking Affidavit secƟon of the form:

o The SBE firm performed trucking by uƟlizing its own equipment and workforce and/or work was subcontracted to another SBE (i.e. only trucking that can be counted for SBE parƟcipaƟon was uƟlized).

Note: No other informaƟon is required. The Prime will sign and submit the Affidavit.

o The SBE firm uƟlized SBE & Non-SBE trucking.

Note: If selected, the Prime will provide a list of Non-SBE trucking that was uƟlized (i.e., not all trucking will earn SBE credit).

o No trucking was performed.

Note: No other informaƟon is required. The Prime will sign and submit the Affidavit.

3. The LPA will perform a check of the Affidavit when reviewing the Prompt Payment Spreadsheet.

The LPA will follow up on any red flags, for example, if the LPA compares informaƟon collected during the CUF process with the affidavit and sees any discrepancies.

Opening Prompt Payment (PP) Spreadsheet (Trucking Affidavit SecƟon on PP Spreadsheet) through

GoFormz:

1. Obtain a MyODOT account at hƩps://myodot.dot.state.oh.us/

2. Send an email to GoFormz.Help@dot.ohio.gov with Create GoFormz Account in the subject line.

3. GoFormz account informaƟon will be emailed back.

4. Access GoFormz at hƩps://www.goformz.com/

AddiƟonal guidance can be found in the GoFormz LPA/Prime Contractor Contract Compliance End User

Guide (Word).

SANCTIONS AND ADMINISTRATIVE REMEDIES

Failure by the Prime Contractor to follow the Affidavit requirements may result in the imposiƟon of sancƟons as follows:

1st Level Occurrence: The LPA will issue a LeƩer of Reprimand to the contractor if:

there is a failure to submit the Affidavit and/or the Affidavit is not submiƩed Ɵmely; or the Prime Contractor completes the No AnƟcipated SBE Trucking Affidavit, uƟlizes SBE trucking and does not noƟfy the LPA within seven (7) days of the acƟvity.

2nd Level Occurrence: The LPA may withhold an esƟmate in the amount due to the SBE trucking firm(s) that the Affidavit was not submiƩed for if:

there is a failure to submit the Affidavit and/or the Affidavit is not submiƩed Ɵmely; or the Prime Contractor completes the No AnƟcipated SBE Trucking Affidavit, uƟlizes SBE trucking and does not noƟfy the LPA within seven (7) days of the acƟvity.

3rd Level Occurrence: If a paƩern of not submiƫng the Affidavit persists or the Prime Contractor has falsified, misrepresented or withheld informaƟon, the LPA can pursue other remedies available by law including suspension, revocaƟon, and/or debarment.

Factors to be considered in issuing sancƟons may include, but are not limited to the following:

The Prime Contractor’s past project pracƟces;

the magnitude and the type of offense;

the degree of the Prime Contractor’s culpability;

any steps taken to recƟfy;

the Prime Contractor’s record of performance on other projects; and the number of Ɵmes the Prime Contractor has been previously sancƟoned by the LPA and/or

ODOT.

COUNTING MATERIALS AND SUPPLIES PURCHASES FROM SBE SUPPLIERS

The Bidder/Awarded Contractor may meet a Small Business Enterprise (SBE) contract goal using SBE suppliers. The dollar amount of materials purchased from an SBE supplier will not be fully countable towards the SBE contract…