General Maintenance

Invitation No.: 114-23 Location: DISTRICTS 1, 2, 6, 7 AND 8 Commodity: General Maintenance Multiple Award Pricing: http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/PurchDocs/114pricing.xlsx INVITATION TO BID (ITB) State of Ohio, Department of Transportation Office of Contract Sales, Purchasing Services Jack Marchbanks, Ph. D., Director Bid Submission Deadline (Bid Opening Date): October 11, 2022, at 1:00 p.m. eastern time Submitted by: Company Name: Federal Tax ID No.: Physical/Mailing Address: Remit to Payment Address: Street Address: P.O. Box: City: St: Zip: Contact Person and Phone Number: (authorized to answer questions about your company’s bid) E-Mail Address (required): (person who filled out bid) E-Mail Address (required): (for notification of future bid opportunities) Telephone Number 800 Number Fax Number Return Properly Marked,

Complete Bid Packages To: contracts.purchasing@dot.ohio.gov - Paper bids will NOT be accepted. VENDORS MUST SUBMIT ANY QUESTIONS, CLARIFICATIONS, OR INQUIRIES REGARDING THIS PROCUREMENT VIA THE FOLLOWING WEBSITE: https://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Pages/PurchasePBQ1.aspx mailto:contracts.purchasing@dot.ohio.gov https://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Pages/PurchasePBQ1.aspx Attachments to be submitted in the emailed bid response: Completed Front Page (Separate Attachment) Completed Signature Page (Separate Attachment) Completed Affirmation and Disclosure form (Separate Attachment) Completed Excel Pricing Page (Separate Attachment) Anything Else You wish to Submit (Separate Attachments) Send multiple emails, as needed, to complete your submission to contracts.purchasing@dot.ohio.gov - Paper bids will NOT be accepted. Zip files CANNOT be sent. mailto:contracts.purchasing@dot.ohio.gov Invitation No. 114-23 1 ITB 114 DISTRICTS 1, 2, 6, 7 AND 8 GENERAL MAINTENANCE CONTRACT 09/19/2022 REQUIREMENTS/SPECIFICATIONS Section 1: Intent The purpose of this request is to establish contracts with general contractors to provide all labor, tools, materials, equipment, incidentals and supervision required in the performance of improvements, maintenance, emergency maintenance and/or repair needs to structures that may be required by the Department of Transportation District 1 at twenty-seven (27) locations in Allen, Defiance, Hancock, Hardin, Paulding, Putnam, Van Wert and Wyandot counties; Department of Transportation District 2 at fifteen (15) locations in Fulton, Henry, Lucas, Ottawa, Sandusky, Seneca, Williams and Wood counties; Department of Transportation District 6 at thirty-six (36) locations in Delaware, Fayette, Franklin, Madison, Marion, Morrow, Pickaway and Union counties; Department of Transportation District 7 at thirty-five (35) locations in Auglaize, Champaign, Clark, Darke, Logan, Mercer, Miami, Montgomery and Shelby counties; Department of Transportation District 8 at twenty eight (28) locations in Butler, Clermont, Clinton, Green, Hamilton, Montgomery, Preble and Warren counties (a complete listing of site locations with addresses is listed at the end of these specifications in Section 17: Site Locations), all in accordance with specifications terms and conditions contained herein. Section 2: Contract Duration The effective duration of this agreement shall be from November 1, 2022, through October 31, 2024. Section 3: Multiple Award Due to the wide variety of work items and various locations across Northwest, Central, West, and West central Ohio that may need serviced throughout the duration of this agreement, ODOT will accept all responsive bids submitted on or before the specified bid opening date and make an award to all responsive bidders pursuant to O.R.C. 5513.02. This contract shall be utilized on an as needed basis by the Department and nothing in these specifications should be construed by bidders as a guarantee that any of the services outlined herein will be contracted. Vendors should only bid on districts within their geographical region where they can provide service in accordance with Section 7: Labor of these specifications. Section 4: Site Visit The signing of this Invitation to Bid shall indicate that the vendor has made site visits to all locations listed and is familiar with existing conditions of District 1, District 2, District 6, District 7, and District 8 facilities. Section 5: Scope of Work Due to the many unforeseen factors that relate to the operation and upkeep of the various District 1, District 2, District 6, District 7, and District 8 facilities, it is impossible to guarantee that work will be performed at any/all sites in any/all Districts. Work may be performed at as many as twenty- seven (27) sites throughout District 1, fifteen (15) sites throughout District 2, thirty-six (36) sites throughout District 6, thirty-five (35) sites throughout District 7 and twenty-eight (28) sites throughout District 8. Award of this contract does not guarantee any of the following: 1. All sites will need contracted services 2. The exact scope of contracted services for all sites 3. That any work will be contracted at any site 4. A bidder will receive any work pursuant to this contract The exact nature of work is not known but may include, and is not limited to the following contracted services on District structures: • Dismantle various building systems • Rearrange and reassemble de-mountable wall systems • Install or relocate cloth partitions Invitation No. 114-23 2 • Paint interior walls • Paint exterior walls • Patch plaster and/or gypsum board • Install and/or repair windows • Repair/replace concrete floors, curbs and/or sidewalks • Install shingle roofing • Perform minor roof repairs • Install electrical circuitry • Perform electrical repairs and installations • Perform plumbing repairs and installations • Perform mechanical system repairs and installations • Welding and fabrication of steel • Replacement or new installation of fencing/vehicle gate systems • Repair and installation of suspended lay-in ceiling systems • Relocate furniture and office equipment within buildings • Gypsum board installation and/or finishing • Rough and finish carpentry • Dismantle and/or construct metal, wood and/or masonry concrete block walls • Catch basin repair and/or replacement • Masonry block wall repair 5.1: Contracted Services Workflow Process 5.1.1: Initial Contact and Site Visit Once a project is identified, the awarded vendor shall perform a site visit within two (2) working days (excluding state observed holidays) or at a mutually agreeable time beyond the two (2) working days requirement, after being contacted by the appropriate district Facilities Maintenance Supervisor or their designated representative at the project site to discuss and define the scope of work for the requested project. Compensation for the time involved for the site visit shall be built into the labor rates listed on the pricing page. 5.1.2: Presentation of Project Plan and Cost The awarded vendor shall present a written project plan within five (5) business days from date of site visit. A template of how the costs should be detailed is included with the excel pricing file for your use. The written plan and the pricing template shall include at least the items listed below: • Estimated material list • A list of which trades will be on the job • Estimated project cost • Project schedule as required by ODOT including: o Estimated start date upon acceptance and delivery of purchase order o Estimated length of time to complete project o Project milestones (when appropriate) • Site preparation details • Site cleanup and waste disposal measures • Detailed proposed labor breakdown showing number and classification of employees including on the job Site Supervisor when requested and approved by the appropriate district Facilities Department • Construction drawings and specifications when required by the appropriate district Facilities Department or if required for permits • Required building permits and associated fees 5.1.2.1: Notification to Statewide Facilities Operations For all project proposals more than $25,000, the vendor personnel shall communicate the proposal by email to Statewide Facilities Operations Office in addition to the requesting District staff. The proposals shall be sent to: Timothy.Brunney@dot.ohio.gov mailto:Timothy.Brunney@dot.ohio.gov Invitation No. 114-23 3 5.1.3: Acceptance of Project and Commencement of Work Upon written acceptance of project plan by the appropriate district Facilities Maintenance Supervisor or their designated representative, the District will provide the vendor with a purchase order that is directly associated with the project as soon as possible. Once the vendor is in receipt of the purchase order, they will commence work in accordance with the project plan. The awarded vendor shall not commence work without written prior approval of Project Plan and vendor receipt of purchase order, or as directed by the appropriate district Facilities Maintenance Supervisor or their designated representative. 5.2: Requirements To ensure a successful and satisfactory project, the points below represent essential processes that must be managed between the vendor and the appropriate District Facilities Maintenance Supervisor or their designated representative. 5.2.1: Communication Communication must be maintained between all parties in a continual, prompt, and respectful manner from project commencement to completion. 5.2.2: Quality of Work The contracted services provided must be performed in a workmanlike manner by properly trained personnel and shall conform to the highest professional standards. 5.2.3: Safety All work must be performed in compliance with the current Occupational Safety and Health Act and any revisions thereto. Any citations issued by OSHA shall be the responsibility of the Vendor. Section 6: Items Provided by the Vendor 6.1: Materials and Supplies All materials and supplies shall be specifically designed for the use. The Vendor shall utilize all replacement parts from manufacturers whose parts are equal to or better than the original equipment manufacturer (OEM) components whenever possible. All parts must be installed according to manufacturer’s specifications and recognized practices. The use of reconditioned parts or components shall not be permitted under any circumstances unless OEM components are no longer available. Compensation for the time involved obtaining materials and parts shall be included in the labor breakdown portion of the approved project plan. The Department acknowledges that vendors utilize thousands of materials and supplies that may vary between suppliers and manufacturers depending on the individual repair needs for each project. Therefore, all materials and supplies vendors provide shall be considered on contract. The Department will pay the awarded vendor the actual cost for all materials and supplies utilized in the performance of this contract, plus the vendor specified markup not to exceed 15%. ODOT has determined that the vendors actual cost for a part includes the following: • The vendor’s acquisition cost from the manufacturer or supplier; and • The shipping cost charged by the manufacturer or supplier to get the part to the vendor’s location, OR • The shipping cost incurred by the vendor to get the part to the ODOT location For ALL parts, the vendor shall include with its invoice the vendors’ original invoice and the Department will pay for the part including the costs noted above, where applicable, plus the vendor specified markup not to exceed 15%. If the vendor had acquired in the parts in bulk or through a prior purchase and had the parts in stock and an invoice is not readily available, the vendor should use its best estimate for the value of the part plus the vendor specified markup not to exceed 15%. All invoices and charges are subject to ODOT audit at any time. All unused items included in the accepted project plan and cost shall become the property of the Ohio Department of Transportation and shall be stored or disposed of at ODOT’s recommendation. Invitation No. 114-23 4 6.2: Equipment 6.2.1: Vendor Owned Equipment All vendor owned equipment used to complete the project will be paid by the department at the appropriate vendor provided rate listed in the equipment pricing spreadsheet by specific county. All equipment rates shall include fees for the equipment use and mobilization fees where necessary. Costs for operation of equipment shall be itemized and paid based on the hourly rates bid for labor. 6.2.2: Rental Equipment All rental equipment used to complete the project will be reimbursed by the department at invoice cost with no vendor markup. Compensation for the time involved to pick up and return rental equipment where delivery and pick up are not included in the rental fees shall be included in the labor breakdown portion of the approved project plan. 6.3: Plans Vendor shall be responsible for providing project plans as requested by the department and/or required for necessary regulatory permits. 6.4: Permits Any permits required by the appropriate Authority Having Jurisdiction shall be obtained by the vendor and will be reimbursed by the Department at cost. The awarded vendor(s) shall be wholly responsible for interpreting the permitting requirements for each specific project. If an awarded vendor fails to obtain the required permits for any project and is subsequently found in violation by the appropriate Authority Having Jurisdiction, all costs (labor, permit fees, stamped construction drawings, etc.) associated with obtaining the required permits shall be wholly borne by the vendor performing the work. Section 7: Labor 7.1: Work Hours All work must be performed between the hours of 6:00 a.m. and 4:00 p.m. Monday thru Friday excluding state holidays. Work at other than these hours or days of the week must be arranged in advanced and pre-approved by the appropriate district Facilities Maintenance Supervisor or their designated representative. If ODOT directs and requires the vendor to perform work outside of normal work hours (nights, weekends, or holidays), the vendor shall be entitled to compensation in the form of overtime pay due to its employees. These overtime hours shall be computed and paid at one and a half times the normal hourly rate by trade. 7.2: Sign In Vendor personnel must sign in upon arrival at the Facility and must sign out upon departing. It shall be the responsibility of the Vendor to coordinate with the District Facilities Maintenance Supervisor or their designated representative on a procedure for the Vendor’s personnel to follow when entering or leaving the District facilities. 7.3: Guarantee of Workmanship The contactor shall guarantee its workmanship and materials for a period of one (1) year from the date of acceptance by the facility and shall promptly remedy, at the contractor’s expense, all defects due thereto which becomes evident during the guarantee period and pay all expenses for any damages to other systems or structures resulting from work the awarded contractor performed. 7.4: Standard Wage Rates Projects amounting to less than the biennially adjusted current prevailing wage threshold levels for Reconstruction, enlargement, alteration, repair, remodeling, renovation or painting for Building Construction by the State of Ohio Department of Commerce, Division of Industrial Compliance, Bureau of Wage and Hour Administration shall be subject to the standard wage rates submitted by the vendor. 7.5: State of Ohio Prevailing Wage Rates Invitation No. 114-23 5 The Ohio Department of Commerce, Division of Industrial Compliance, Bureau of Wage and Hour Administration has determined that work identified in this bid and to be performed under this contract may be subject to the requirements of Ohio Revised Code Sections 4115.03 to 4115.16, Prevailing Wage. Upon award of the Contract by ODOT, the successful Contractor, and all its sub- contractors, guarantees that the prevailing wage for the area, to include any adjustments thereto, as published by the Ohio Department of Commerce, Division of Industrial Compliance, Bureau of Wage and Hour Administration will apply to any worker assigned by the Contractor and all its sub- contractors to any project that requires prevailing wage. It is the responsibility of the Contractor to determine on a project by project basis if prevailing wage rules and regulations apply. Projects amounting to more than the biennially adjusted current prevailing wage threshold levels for Reconstruction, enlargement, alteration, repair, remodeling, renovation, or painting for Building Construction shall be subject to the prevailing wage rates for the specific construction discipline and location at the time of the project. Projects are not to be split into phases to circumvent Prevailing Wage requirements. If a project is initially estimated and quoted below prevailing wage threshold, but after extra work items, change orders, or other factors raise the project total over the prevailing wage threshold the vendor is responsible for paying prevailing wages to all workers on the project. The original estimate/quote for the project shall be revised to reflect the additional payment of prevailing wages to all workers. The vendor shall post or make available to all labor employed on the contract the prevailing wages listed in this proposal and any modifications to the wage rates that may come after award of this contract. On the first pay date of contract work the vendor shall furnish each employee covered by prevailing wage a completed form whpw1512 in accordance with section 4115.05 Ohio Revised Code, showing the classification, hourly pay rate, fringes, and identifying the District Prevailing Wage Coordinator (DPWC), if such employees are not covered by a collective bargaining agreement or understanding between employers and bona fide organizations of labor. These forms shall be signed by the vendor and employee and kept in the vendor’s payroll files. For projects that the Contractor, in coordination with the Ohio Department of Commerce, has determined must be quoted at Prevailing Wage rates, the Contractor must calculate the hourly rates to be charged to the Department. The hourly rates will be calculated for each required job classification by multiplying the exact Prevailing Wage rate currently in effect for the project site by the appropriate Overhead % from the Bid Price Pages and add this to the exact Prevailing Wage rate to get the Prevailing Wage rate for the quote. The project quote must break out each job classification and show the calculation of each Prevailing Wage rate. Example: If the Bidder enters $50.00 per hour on the Labor Rates Page for Standard Wages (including overhead) and pays the employee a base $30.00 per hour, the Overhead % to be entered on the Labor Rates Page would be 66.6%. ($50.00 - $30.00) =$20.00 / $30.00 * 100=66.6% To calculate the Contractor’s maximum allowable wage rate for quotes that require Prevailing Wage, the Contractor would get the Ohio Department of Commerce Prevailing Wage rates for the project site and multiply each one by the Overhead % and add that to the exact Prevailing Wage rates. If the exact prevailing wage rate for the above job classification was $42.56, then the maximum allowable wage rate on quotes requiring Prevailing Wage rates would be $70.90. $42.56 + ($42.56 * 66.6%). ODOT reserves the right to request all payroll records from an awarded vendor to verify the payment of prevailing wages to workers. This information may be requested at any time and the vendor shall have two (2) business days to provide all that is requested by the Department. A vendor’s refusal or failure to provide payroll records, copies of checks to workers, etc. shall be grounds for immediate contract termination. Failure to pay prevailing wage rates to workers on projects meeting or exceeding the biennially adjusted current prevailing wage threshold levels for Reconstruction, enlargement, alteration, repair, remodeling, renovation, or painting for Building Construction shall be grounds for immediate contract termination and may also prohibit the vendor from being able to bid with the Department in the future. 7.6: Prevailing Wage Compliance Invitation No. 114-23 6 For any project proposal submitted in accordance with these specifications that exceeds the prevailing wage threshold levels identified above, the vendor shall provide a copy of the proposal to the appropriate District Contract Compliance Program Manager within the ODOT Division of Opportunity, Diversity and Inclusion’s Office of Civil Rights Compliance listed below to ensure the Department follows Prevailing Wage regulations. The Program Managers will answer any questions you may have pertaining to prevailing wages and the process to be followed for this contract. Districts Contact Email Office Mobile 1, 2, 7 and 8 Rhonda Voisard Rhonda.Voisard@dot.ohio.gov 937-497-6871 937-538-0975 3, 6, 9 and 10 Teresa Vannoy Teresa.Vannoy@dot.ohio.gov 740-833-8087 614-230-6509 4, 5, 11 and 12 Tom Yanka Thomas.Yanka@dot.ohio.gov 740-323-5138 614-867-4319 Section 8: Emergency Response Emergency response for any listed trade shall be within two (2) hours of notification. The time measurement will be from time of call (land phone, cell phone, pager, etc.) to the time of sign in at the designated ODOT site. Failure to meet the immediate emergency response provision shall result in late delivery charges equal to twice the hourly rate quoted for the trade required, for each full hour past the required two-hour response time. Repeated non-compliance with this requirement may be just cause for termination by breach of contract of the awarded vendor. Section 9: Housekeeping The awarded vendor(s) shall always maintain good housekeeping conditions. Regular and routine clean up from projects shall be all inclusive of areas where work was performed and shall be returned to conditions equal to or better than they were initially received by the vendor. Section 10: Subcontracting The awarded bidder(s) will perform work amounting to not less than fifty (50) percent of the actual contracted work with its own organization, unless otherwise approved by the Department. The phrase “its own organization” includes only workers employed and paid directly, inclusive of employees who are employed by a lease agreement acceptable to the Department, and equipment owned or rented with or without operators by the Contractor. The phrase does not include employees or equipment of a subcontractor, assignee, or agent of the Contractor. The Contractor’s percentage of the actual contracted work includes the cost of materials and manufactured products purchased by the Contractor, but not the cost of materials and manufactured products purchased by subcontractors. Vendor shall not subcontract more than fifty (50) percent of the work covered by the contract unless specifically authorized to do so by ODOT. All subcontracting will be supplied to ODOT at cost with no vendor markup. The vendor will be required to submit copies of invoices from subcontractor(s) as proof of costs. Contractor will be fully responsible for making all subcontractor payments and ensuring that subcontractors follow all laws, rules, safety procedures and ODOT expectations as though they were the Contractor. Section 11: Vendor References The bidder must have a minimum of five (5) years’ experience in public improvement and emergency maintenance and/or repair services. Therefore, each bidder must submit on the pricing page “References” tab, the names, addresses, organization, email address and telephone numbers of at least three (3) references with whom they have provided like services to in the last five (5) years. The references must be positive and address the overall ability of the vendor and its employees to perform public improvement and emergency maintenance and/or repair services to be considered a responsible bidder. It is a requirement of the contract that the vendor must have performed like services. References shall only be accepted from the companies for whom public improvement and emergency maintenance and/or repair services were performed. Failure to provide references as set forth above may result in determining a bid nonresponsive. Section 12: Vendor Coordination of Services mailto:Rhonda.Voisard@dot.ohio.gov mailto:Teresa.Vannoy@dot.ohio.gov mailto:Thomas.Yanka@dot.ohio.gov Invitation No. 114-23 7 ODOT requires a single contact point for scheduling, contract administration and billing to eliminate confusion for questions to responsible parties after award. All bidders shall specify on the pricing documents, Vendor Contacts tab, a list including name, position/function, email address, phone number and alternate contact number for each office that will service facilities covered by this contract. Vendor staffing may require that the contact(s) for scheduling, contract administration and billing be three different people. The awarded vendor(s) shall update this contact list whenever changes are made during the term of this contract. Section 13: Invoicing Requirements Two (2) copies of each invoice are to be sent by standard mail or electronically to the appropriate District contact below: ODOT District 1 Facilities Attn: Tony Lotz 1705 North McCullough Street Lima, OH 45801 tony.lotz@dot.ohio.gov ODOT District 2 Facilities Attn: Greg Strausbaugh 317 E. Poe Road Bowling Green, OH 43402 Gregory.Strausbaugh@dot.ohio.gov ODOT District 6 Facilities Attn: Mark Nichols 400 E. William Street Delaware, OH 43015 mark.nichols@dot.ohio.gov ODOT District 7 Facilities Attn: Ryan Noll 1001 St Marys Avenue Sidney, OH 45365 Ryan.noll@dot.ohio.gov ODOT District 8 Facilities Attn: Bob Montgomery 505 S. State Route 741 Lebanon, OH 45036 Bob.Montgomery@dot.ohio.gov Vendor shall provide on each invoice the vendor’s Tax ID number, a description of the work performed, date(s) performed, the hourly rate charged, and the actual hours worked for any invoice involving labor along with a copy of the accepted project plan showing total detailed project cost. For any invoice involving purchasing of materials and/or supplies, vendor shall provide documentation in accordance with Section 6.1: Materials and Supplies, of these specifications. Vendors shall not charge for any items outside of the contract including but not limited to shop supplies and drive time. The Department will not pay any additional charges for such items. Section 14: Right to Audit The Ohio Department of Transportation reserves the right to audit all invoices submitted by a Vendor. In addition, when discrepancies arise, the vendor will be required to pay the difference of the amount quoted in the contract and the amount charged on the invoice, plus twenty percent (20%) of the amount invoiced or fifty dollars ($50.00), whichever is more. Section 15: Bid Pricing All vendors shall provide all required information listed on the pricing page. All labor rates submitted must include the bidder’s profit and overhead. All rates must be regular hourly rates, no mailto:tony.lotz@dot.ohio.gov mailto:Gregory.Strausbaugh@dot.ohio.gov mailto:mark.nichols@dot.ohio.gov mailto:Ryan.noll@dot.ohio.gov mailto:Bob.Montgomery@dot.ohio.gov Invitation No. 114-23 8 overtime rates, regardless of hours worked. The link to the excel pricing sheet is listed on the front page of the bid packet. Vendors shall submit pricing on the excel pricing sheet for the following items: 1. Labor Rates: All labor rates shall include all profit and overhead in the bid rate per hour. a. Standard Wage Rate for one (1) hour labor for each construction discipline within each specific county as outlined in the excel pricing file. b. Percentage (%) of Bid Rates attributed to Overhead as described in Section 7.5: State of Ohio Prevailing Wage Rates 2. Vendor specified markup on supplies and materials not to exceed fifteen (15) percent. 3. Vendor owned equipment hourly, daily, and weekly rates including mobilization without operator labor. Bidders may submit bids for any or all counties within each ODOT District. Bids may be considered non-responsive for the use of ditto marks, arrows, or other markings, other than labor rates are placed in pricing columns. Section 16: Public Liability Insurance The bidder must furnish proof with their bid that they carry public liability insurance with limits of not less than three hundred thousand ($300,000) dollars for any one person and one million ($1,000,000) dollars for any one occurrence. All insurance policies required under this section shall include an endorsement requiring the insurance company to give thirty (30) days prior written notice to ODOT before any change or cancellation becomes effective. All insurance policies shall be through insurance companies licensed to conduct business in the State. Section 17: Site Locations District Site Code Site Street Address City Zip County RRA # DISTRICT 1 1 ALL31 RRA 01-31 US 30 EB US 30 EB MM 42.79 Cairo 45820 Allen 01-31 1 ALL32 RRA 01-32 US 30 WB US 30 WB MM 43.07 Cairo 45820 Allen 01-32 1 ALLDG District 1 HQ Garage 1705 N. McCullough St Lima 45801 Allen 1 ALLHQ District 1 Headquarters 1885 N. McCullough St Lima 45801 Allen 1 ALLPCT Lima/4th Street Outpost 1835 E 4th Street Lima 45804 Allen 1 ALLPNE Beaverdam Outpost 6545 Swaney Rd Beaverdam 45808 Allen 1 ALLPNW Delphos Outpost 7525 Grone Rd Delphos 45833 Allen 1 DEFCG Defiance Full Service 2340 Baltimore St Defiance 43512 Defiance 1 DEFPSW Hicksville Outpost 560 Defiance Ave Hicksville 43526 Defiance 1 HAN25 RRA 01-25 I-75 NB I 75 NB MM 152.68 Findlay 45840 Hancock 01-25 1 HAN26 RRA 01-26 I-75 NB I 75 SB MM 153.02 Findlay 45840 Hancock 01-26 1 HANCG Hancock Full Service 1645 Lima Ave Findlay 45840 Hancock 1 HANPCT Findlay Outpost 1600 Mary St Findlay 45840 Hancock 1 HARCG Hardin Full Service 13052 US 68 Kenton 43326 Hardin 1 HARPNE Forest Outpost 543 SR 37 Forest 45843 Hardin 1 HARPSW Roundhead Outpost 15965 SR 235 Belle Center 43310 Hardin 1 PAUCG Paulding Full Service 833 W Wayne St Paulding 45879 Paulding 1 PUTCG Putnam Full Service 617 11th Street Ottawa 45875 Putnam 1 VAN27 RRA 01-27 US 30 EB US 30 EB MM 9.58 Van Wert 45891 Van Wert 01-27 1 VAN28 RRA 01-28 US 30 WB US 30 WB MM 9.61 Van Wert 45891 Van Wert 01-28 Invitation No. 114-23 9 1 VANCG Van Wert Full Service 10238 Van Wert-Decatur Rd Van Wert 45891 Van Wert 1 WYA29 RRA 01-29 US 23 NB US 23 NB MM 161.7 Upper Sandusky 43351 Wyandot 01-29 1 WYA30 RRA 01-30 US 23 SB US 23 SB MM 164.72 Upper Sandusky 43351 Wyandot 01-30 1 WYA33 RRA 01-33 US 30 EB 3125 US 30 EB Nevada 44849 Wyandot 01-33 1 WYA34 RRA 01-34 US 30 WB 3376 US 30 EB Nevada 44849 Wyandot 01-34 1 WYACG Wyandot Full Service 10976 County Road 121 Upper Sandusky 43351 Wyandot 1 WYAPNW Carey Outpost SR 23 & SR 97 Carey Wyandot DISTRICT 2 2 FULFS Fulton Full Service 8878 State Route 108 Wauseon 43567 Fulton 2 HENCG Henry Full Service 9733 SR 110 Napoleon 43545 Henry 2 LUCFS Lucas Full Service 4080 Technology Dr. Maumee 43537 Lucas 2 OTT04 RRA 2-04 SR 2 WB SR 2 WB MM 114.57 Port Clinton 43452 Ottawa 02-04 2 OTTCG Ottawa Full Service 307 S. Railroad St. Oak Harbor 43449 Ottawa 2 OTTPEA Edison Bridge Outpost 4650 E. State St. Port Clinton 43452 Ottawa 2 SANFS Sandusky Full Service 1891 N State Route 53 Fremont 43420 Sandusky 2 SENCG Seneca Full Service 3390 SR 100 Tiffin 44883 Seneca 2 WILCG Williams Full Service 1825 Magda Dr. Montpelier 43543 Williams 2 WOO27 RRA 2-27 I 75 NB I 75 NB MM 178.6 Bowling Green 43402 Wood 02-27 2 WOO28 RRA 2-28 I 75 SB I 75 SB MM 178.6 Bowling Green 43402 Wood 02-28 2 WOOCG Wood Full Service 13982 Mitchell Rd. Bowling Green 43402 Wood 2 WOOHQ District 2 HQ 317 E. Poe Rd. Bowling Green 43402 Wood 2 WOOPNE Northwood Full Service 200 Lemoyne Rd. Northwood 43619 Wood 2 WOOPS North Baltimore Outpost 1218 S. Dixie Highway North Baltimore 45872 Wood DISTRICT 6 6 DEL25 RRA 6-25 I 71 NB I 71 NB MM 127.55 Galena 43021 Delaware 06-25 6 DEL26 RRA 6-26 I 71 SB I 71 SB MM 129 Galena 43021 Delaware 06-26 6 DELCG Delaware Full Service 1150 US 42 Delaware 43015 Delaware 6 DELHQ District 6 HQ 400 E William St Delaware 43015 Delaware 6 DELHQ District 6 HQ Garage 400 E William St Delaware 43015 Delaware 6 DELLN1 Weigh Station I 71 NB I 71 NB Just South of SR 36 Sunbury 43074 Delaware 6 DELPEA Sunbury Yard Morning St Sunbury 43074 Delaware 6 DELPSE Berkshire Outpost 7016 State Route 36 Galena 43021 Delaware 6 FAY09 RRA 6-09 I 71 NB I 71 NB MM 67.79 Jeffersonville 43128 Fayette 06-09 6 FAY10 RRA 6-10 I 71 SB I 71 SB MM 67.45 Jeffersonville 43128 Fayette 06-10 6 FAYFS Fayette Full Service 2331 US 22 SW Washington Courthouse 43160 Fayette 6 FAYYNW Jeffersonville Yard State Route 435 and State Route 35 Jeffersonville 43128 Fayette 6 FRACG Franklin Full Service 4730 E Dublin Granville Rd Westerville 43081 Franklin 6 FRAHFS Roberts Road Full Service 4400 Currency Dr Columbus 43228 Franklin 6 FRAPEA Fifth Avenue Full Service 3500 E Fifth Ave Columbus 43219 Franklin 6 FRAPFG State Fairgrounds Outpost State Fairgrounds Property Columbus 43211 Franklin 6 FRAPNO Worthington/Wilson Bridge Outpost 387 E Wilson Bridge Rd Columbus 43085 Franklin 6 FRAPSW Grove City Full Service 6000 Haughn Rd Grove City 43123 Franklin 6 MAD21 RRA 6-21 I 70 EB I 70 EB MM 70.67 South Vienna 45369 Madison 06-21 Invitation No. 114-23 10 6 MAD22 RRA 6-22 I 70 WB I 70 WB MM 70.67 South Vienna 45369 Madison 06-22 6 MADFS Madison Full Service 6640 SR 29 West Jefferson 43162 Madison 6 MADPSE Mount Sterling Outpost 15664 Columbus St Mount Sterling 43143 Madison 6 MAR17 RRA 6-17 US 23 NB 3060 US Route 23 Marion 43302 Marion 06-17 6 MAR18 RRA 6-18 US 23 SB 3061 US Route 23 Marion 43302 Marion 06-18 6 MARCG Marion Full Service 1775 Marion-Williamsport Rd E Marion 43302 Marion 6 MRW27 Truck Parking 6-27 I 71 NB I 71 NB MM 149.3 Cardington 43315 Morrow 06-27 6 MRW28 Truck Parking 6-28 I 71 SB I 71 SB MM 149.45 Cardington 43315 Morrow 06-28 6 MRWCG Morrow Full Service 710 E Union St Mount Gilead 43338 Morrow 6 MRWPEA Chesterville Outpost 3988 County Road 172 Mount Gilead 43338 Morrow 6 PIC23 RRA 6-23 US 23 SB US 23 SB MM 73.4 Ashville 43103 Pickaway 06-23 6 PICCG Pickaway County Garage 150 Highland St Circleville 43113 Pickaway 6 PICFS Pickaway Full Service Progress Parkway Circleville 43113 Pickaway 6 UNI03 RRA 6-03 US 33 SB US 33 SB MM 97.94 Marysville 43040 Union 06-03 6 UNI04 RRA 6-04 US 33 NB US 33 NB MM 97.86 Marysville 43040 Union 06-04 6 UNIFS Union Full Service 1660 Collins Ave Marysville 43040 Union 6 UNIPNE Richwood Outpost 11304 SR 47 Richwood 43344 Union DISTRICT 7 7 AUG25 RRA 07-25 I 75 NB I 75 NB MM 113.99 Wapakoneta 45895 Auglaize 07-25 7 AUG26 RRA 07-26 I 75 SB I 75 SB MM 114.11 Wapakoneta 45895 Auglaize 07-26 7 AUG33 RRA 07-33 US 33 EB US 33 EB MM 29.85 Saint Marys 45885 Auglaize 07-33 7 AUG34 RRA 07-34 US 33 WB US 33 WB MM 29.94 Saint Marys 45885 Auglaize 07-34 7 AUGCG Auglaize Full Service 511 Commerce Drive Wapakoneta 45895 Auglaize 7 AUGPWE Saint Marys Outpost 802 E Armstrong St Saint Marys 45885 Auglaize 7 CHPCG Champaign Full Service 217 S Edgewood Ave Urbana 43078 Champaign 7 CHPPEA Mechanicsburg Outpost 1544 SR 559 Woodstock 43084 Champaign 7 CHPPWE Saint Paris Outpost 2030 N SR 235 St. Paris 43072 Champaign 7 CLACG Clark Full Service 1630 West First St Springfield 45504 Clark 7 CLAPEA Harmony Outpost 7875 US Route 40 South Charleston 45368 Clark 7 CLAPSW Enon Outpost 2310 Enon Rd Enon 45323 Clark 7 DARFS Darke Full Service 5240 SR 49 Greenville 45331 Darke 7 DARPNO Dawn Outpost 10382 Greenville-St Marys Rd Versailles 45380 Darke 7 DARPSO Fort Jefferson Yard Hollansburg-Samson Rd Fort Jefferson Darke 7 LOG29 RRA 07-29 US 33 EB US 33 EB MM 64.97 Bellefontaine 43311 Logan 07-29 7 LOG30 RRA 07-30 US 33 WB US 33 WB MM 65.02 Huntsville 43324 Logan 07-30 7 LOGCG Logan Full Service 149 Northview Dr Bellefontaine 43311 Logan 7 LOGPNW Lakeview Outpost 9254 SR 235 N Lakeview 43331 Logan 7 LOGPSE East Liberty Outpost 4315 SR 292 Zanesfield 43360 Logan 7 MERCG Mercer Full Service 4444 SR 29 Celina 45822 Mercer 7 MERPNO Mercer Outpost 5729 Mercer Rd Celina 45822 Mercer 7 MERPSO Cassella Outpost 5882 SR 119 St Henry 45883 Mercer 7 MIA23 RRA 07-23 I 75 NB I 75 NB MM 80.47 Piqua 45356 Miami 07-23 7 MIA24 RRA 07-24 I 75 SB I 75 SB MM 80.8 Piqua 45356 Miami 07-24 7 MIACG Miami Full Service 2423 W SR 55 Troy 45373 Miami 7 MIAPNO Piqua Outpost 9015 Looney Rd Piqua 45356 Miami 7 MOTCG Montgomery Full Service 300 Smith Dr Clayton 45315 Montgomery 7 MOTDFS Dryden Road Full Service 3500 Dryden Road Moraine 45439 Montgomery Invitation No. 114-23 11 7 MOTPNE Shull Rd Outpost 7130 Shull Rd Huber Heights 45424 Montgomery 7 MOTPSE Lyons Rd Outpost 3100 Lyons Rd Miamisburg 45342 Montgomery 7 SHECG Shelby Full Service 2190 SR 29 Sidney 45365 Shelby 7 SHEHQ District 7 Headquarters 1001 St Marys Ave. Sidney 45365 Shelby 7 SHEPNO Dixie Yard 15825 County Rd 25A Botkins 45306 Shelby 7 SHEPSW Newport Outpost 4339 W SR 47 Fort Loramie 45845 Shelby DISTRICT 8 8 BUT35 RRA 8-35 I75 NB I 75 NB MM 27.4 Liberty Township 45044 Butler 08-35 8 BUT36 RRA 8-36 I75 SB I 75 SB MM 27.4 Liberty Township 45044 Butler 08-36 8 BUTCG Butler Full Service 4560 Kyles Station Road Hamilton 45011 Butler 8 BUTPNE Middletown Outpost 4011 Tytus Ave. Middletown 45042 Butler 8 BUTHQ Old Traffic Building 3701 Tytus Ave. Middletown 45042 Butler 8 BUTYRT Ross Township Shared Salt Facility 3133 Hamilton-Cleves Road Hamilton 45013 Butler 8 CLE03 RRA 8-03 US 52 EB US 52 EB MM 50.03 New Richmond 45157 Clermont 08-03 8 CLECG Clermont Full Service 3600 SR 132 Amelia 45102 Clermont 8 CLEPNW Milford Full Service 927 US Route 50 Milford 45150 Clermont 8 CLEPSW New Richmond Outpost 9339 Old US Route 52 New Richmond 45157 Clermont 8 CLICG Clinton Full Service 3382 US Route 68 South Wilmington 45177 Clinton 8 CLIPNO Wilmington Full Service 5996 US Route 68 Wilmington 45177 Clinton 8 GREFS Greene Full Service 81 Innovation Drive Xenia 45385 Greene 8 HAMART ARTIMIS 805 West Third Street Cincinnati 45202 Hamilton 8 HAMCG Hamilton Full Service 1400 East Seymour Ave. Cincinnati 45237 Hamilton 8 HAMPCT Mount Adams Elevator Shaft Bldg. 898 Monastery Street Cincinnati Hamilton 8 HAMPNE Blue Ash Full Service 11564 Grooms Road Cincinnati 45242 Hamilton 8 HAMPWE Miamitown Full Service 5903 State Route 128 Miamitown 45002 Hamilton 8 MOTPEA Huffman Dam Outpost 4557 Valley Street Dayton 45404 Montgomery 8 PRE39 RRA 8-39 I 70 EB I 70 EB MM 2.87 Eaton 45320 Preble 08-39 8 PRECG Preble Full Service 234 Quaker-Trace Road West Alexandria 45381 Preble 8 PREPCT Eaton Full Service 5996 US Route 127 Eaton 45320 Preble 8 PRESW Morning Sun Outpost State Route 732 Camden 45311 Preble 8 WAR37 RRA 8-37 I 71 NB I 71 NB MM 33.51 Lebanon 45036 Warren 08-37 8 WAR38 RRA 8-38 I 71 SB I-71 SB MM 33.56 Oregonia 45054 Warren 08-38 8 WARCG Warren Full Service 1790 Cornett Road Lebanon 45036 Warren 8 WARHQ District 8 HQ 505 South State Route 741 Lebanon 45036 Warren 8 WARPWE Monroe Outpost 6101 State Route 63 Lebanon 45036 Warren Section 18: Required Ohio Shared Services Vendor Registration All vendors that are deemed awarded any portion of this invitation to bid are required to be registered through the Ohio Shared Services Office to obtain an OAKS Vendor Identification Number, if they have not already obtained one, for an award of this invitation to occur. An award of this invitation cannot be completed until this vendor registration process has taken place and an OAKS Vendor Identification Number has been assigned. It is strongly encouraged that prospective bidders submit their vendor registration paperwork to Ohio Shared Services before the day of the bid opening of this invitation to bid. This will avoid delays in the awarding of this invitation to bid and allow contract purchasing to commence sooner. Invitation No. 114-23 12 The required forms to become registered through Ohio Shared Services can be found by following the link below: http://www.ohiosharedservices.ohio.gov/VendorsForms.aspx Completed forms are required to be submitted directly to Ohio Shared Services, per the submission instructions on the forms. Completed forms or questions regarding this vendor registration process should not be directed to ODOT. Any questions regarding this registration process should be directed to Ohio Shared Services Customer Service by calling 1-877-644-6771. PLEASE NOTE: THIS VENDOR REGISTRATION PROCESS DOES NOT APPLY TO VENDORS WHO REGULARLY PARTICIPATE ON ODOT PURCHASING CONTRACTS. IF THE DEPARTMENT HAS ISSUED TO YOUR COMPANY A PURCHASE ORDER IN THE PAST SEVERAL YEARS, AS A DIRECT RESULT OF AN AWARDED PURCHASING CONTRACT SUCH AS THIS ONE, YOU WOULD HAVE ALREADY OBTAINED AN OAKS VENDOR IDENTIFICATION NUMBER THROUGH OHIO SHARED SERVICES. http://www.ohiosharedservices.ohio.gov/VendorsForms.aspx Invitation No. 114-23 13 State of Ohio, Department of Transportation (ODOT) Office of Contract Sales, Purchasing Services Terms and Conditions for Submitting Excel Pricing File in Bid Package (Last Revised 07/2020) 1. DOWNLOADING THE EXCEL PRICING FILE: Bidders can access and download the most current Excel Pricing File for this procurement by following the hyperlink provided below: http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/PurchDocs/114pricing.xlsx 2. SUBMISSION OF EXCEL PRICING FILE: Bidders should submit the pricing page in the original excel format. 3. UNAPPROVED ALTERATIONS TO EXCEL PRICING FILE: Bidders who materially alter the original content of the Excel pricing file (e.g. specifications, formulas, etc.) issued by the Department may be found non-responsive and ineligible for award of this procurement. 4. CHANGES TO EXCEL PRICING FILE: The Department will only make modifications to the Excel pricing file by written addendum only. Where changes are necessary to the Excel pricing page, the Department will issue a new Excel pricing page indicating the revisions made and a revision date for the changes. It is the sole responsibility of the bidder to check for issued addenda prior to submitting a bid package to ensure the most updated Excel pricing file is being utilized. 5. DESCRIPTIVE LITERATURE: Bidders may electronically provide any descriptive literature (e.g. brochures, spec/cut sheets, drawings, MSDS, etc.) regarding the products and/or services offered by the bidder. As this literature may be publicly posted for viewing by purchasers, bidders must not submit any literature electronically in which they consider to be a trade secret, proprietary, or confidential in any way. (the remainder of this page has been left intentionally blank) http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/PurchDocs/114pricing.xlsx Invitation No. 114-23 14 State of Ohio, Department of Transportation (ODOT) Office of Contract Sales, Purchasing Services INSTRUCTIONS, TERMS AND CONDITIONS FOR BIDDING (Last revised 11/30/2020) 1. BIDDER REGISTRATION: The Department requires awarded bidder(s) to successfully register as a State of Ohio Supplier with the Department of Ohio Shared Services and successfully obtain an OAKS vendor identification number (OAKS ID) within fourteen (14) calendar days from the date of contract award and execution. The Department cannot utilize awarded Contracts to purchase from a bidder who cannot obtain an OAKS ID from Ohio Shared Services. In the event an awarded bidder is unable to obtain an OAKS ID, the Department shall reserve the right to revoke its award to the bidder and immediately cancel any resulting Contract. A Supplier Information Form and W-9 must be completed and sent back directly to Ohio Shared Services in order to register and apply for an OAKS ID. The following website can be accessed by bidders to obtain both the forms and specific instructions for obtaining an OAKS ID: http://ohiosharedservices.ohio.gov/SupplierOperations/Forms.aspx It is strongly recommended that all interested bidders not already registered with Ohio Shared Services submit the above paperwork prior to the bid submission deadline. 2. HOW BIDS MUST BE PACKAGED: All submitted bids in response to this procurement must be emailed to contracts.purchasing@dot.ohio.gov – Paper bids will NOT be accepted. 3. WHAT NEEDS INCLUDED IN BID PACKAGE: Submitted bid packages should include, at a minimum, a completed Signature Page, a completed Excel pricing page, and all necessary supportive documentation, forms, and any other information required herein. The Department may deem a bid non-responsive for failure to submit any of the documents requested above. 4. PREBID QUESTIONS, DISCREPANCIES, AND CLARIFICATIONS: Any discrepancies, omissions, ambiguities, or conflicts in or among the bidding documents or doubts as to the meaning shall be brought to the Department’s attention by the bidder no less than three (3) business days prior to the bid submission deadline. All questions, discrepancies, clarifications, etc. must be submitted electronically (hyperlink below). During the competitive bidding process, bidders (and their agents) are prohibited from contacting any ODOT office, including District offices, other than the Office of Contract Sales, Purchasing Services section to obtain responses to any questions. The Department may find a bidder non-responsive for failing to adhere to any of the above requirements. Pre-bid questions/inquiries must be submitted electronically through the following website: https://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Pages/PurchasePBQ1.aspx Answers to Pre-Bid Questions/Inquiries will be posted on the following document available for download at the following website: http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Purchase/PBQ-Answers.doc It is each bidder’s sole responsibility to check the website for updates to pre-bid questions and answers before submitting its bid package to the Department. 5. MODIFICATIONS TO THE BIDDING DOCUMENTS: When it is deemed necessary to modify these bidding documents, the Department will only do so by written addendum. The issuance of an addendum is dependent upon the information received and the impact on the competitive bid process. All issued addenda will be posted to the Department’s Upcoming ITB’s website and shall be automatically incorporated into the bidding/contract documents: http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Lists/PurchaseUpcomingITBs/UpITBs.aspx In addition to posting on the above website, the Department also may email addenda information out to all known bidders for convenience purposes only. The Department shall not be held responsible for a bidder’s http://ohiosharedservices.ohio.gov/SupplierOperations/Forms.aspx mailto:contracts.purchasing@dot.ohio.gov https://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Pages/PurchasePBQ1.aspx http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Purchase/PBQ-Answers.doc http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Lists/PurchaseUpcomingITBs/UpITBs.aspx Invitation No. 114-23 15 failure to receive the email with the addenda information. It is the sole responsibility of all interested bidders to diligently visit the above-listed website to see if any addenda have been issued prior to submitting their bid to the Department. Those interested in obtaining addenda information via email for a particular procurement must send the Department its request in writing to the following email address: Contracts.Purchasing@dot.ohio.gov 6. PRE-BID CONFERENCES: The Department reserves the right to hold mandatory or optional pre-bid conferences at its discretion. Conferences may be held either in-person or via webinar/phone conference formats. Bidders will be required to sign-in at all pre-bid conferences. The sign-in sheet for all pre-bid conferences is considered a public record, will be kept in the bid file, and will be shared with any requesting party. Additionally, any business cards collected during any pre-bid conference shall be considered public records and may be distributed out to all conference attendees. Any changes to the requirements or specifications of a procurement, as a result of the pre-bid conference content, will be made by written addendum and publicly posted. For mandatory pre-bid conferences, the Department requires that those companies intending on submitting a bid be in attendance for the entire duration of the pre-bid conference. Mandatory pre-bid conferences will officially begin five (5) minutes after the scheduled date and start time at the location specified in the Special Terms and Conditions. Those bidders not in attendance at that time will be considered ineligible to submit a bid. The conference will be considered adjourned and complete when a representative of the Office of Contract Sales, Purchasing Services section indicates so. To be considered in attendance and eligible to bid, a bidder must have at least one representative of the company in attendance. A single representative cannot be present on behalf of two or more companies (bidders). Each company (bidder) must send its own representative on behalf of their organization. It is the sole responsibility of the bidder to ensure that the representative follows the sign-in procedures to properly document the bidder’s attendance. The Department shall not be held responsible for a bidder’s failure to arrive at the meeting on time, properly sign-in, or failure to stay for the entire duration of the meeting. 7. WHERE BIDS MUST BE DELIVERED TO: contracts.purchasing@dot.ohio.gov - Paper bids will NOT be accepted. 8. LATE BIDS: A bid received after 1:00 p.m. eastern time, on the bid submission deadline (bid opening date) established, shall be deemed “Late” and will not be considered for award of this procurement. The late bid package will be marked as late, remain sealed, and will be kept in the Department’s bid file to serve as official record of a late bid having been received. Note: The Office of Contract Sales, Purchasing Services timeclock takes precedence over any other timekeeping device (e.g. cell phones, other ODOT clocks, wrist watches, etc.) and will be utilized by the Department to determine whether or not a bid was received by the 1:00 p.m. deadline. 9. BID OPENING PROCEDURE: Bids will usually be available within a day of the bid opening. Vendors can submit requests for the bid tab to contracts.purchasing@dot.ohio.gov. 10. BIDS FIRM: Once opened, all bids are firm and cannot be altered by the bidder. Once a Contract is awarded and executed, the Vendor shall deliver all products and/or services at the bid prices and terms contained in the Contract. All submitted bids shall remain valid for a period of sixty (60) calendar days after the date of the public bid opening. Beyond sixty (60) calendar days, bidders will have the option to either honor their submitted bid or make a written request to withdraw their bid from consideration. The Ohio Department of Transportation shall receive the benefit of any decrease in price during the sixty (60) day period. 11. WITHDRAWAL OF BIDS: A bidder may, by way of written notice to the Purchasing Services section, request to withdraw their bid response prior to the bid submission deadline. The request must be received by the Purchasing Services Section PRIOR to the start of the public bid opening (beginning at 1:01 p.m.) on the date of the bid submission deadline. Such written notice must set forth the specific reasons for the bid withdrawal. For requests to withdrawal a bid after the bid opening has begun, the bidder may request to withdraw their bid response from consideration if the unit bid price(s) submitted are unreasonably lower than the other bids received, provided the bid was submitted in good faith, and the reason for the unit bid price(s) being substantially lower was due to an unintentional and substantial arithmetical error or unintentional omission mailto:Contracts.Purchasing@dot.ohio.gov mailto:contracts.purchasing@dot.ohio.gov mailto:contracts.purchasing@dot.ohio.gov Invitation No. 114-23 16 of a substantial quantity of material or labor in the compilation of the bid. Written notice of any such request to withdraw after the bid opening must be received by the Purchasing Services section within no later than forty-eight (48) hours of the scheduled bid opening. The decision to allow a bid to be withdrawn is at the sole discretion of the Purchasing Services section. If the bid is to be awarded by category, lot, or group the withdrawal request will apply to all items within the category, lot, or group. All documents and conversations relating to any withdrawal request will become a part of the permanent bid file. 12. MODIFICATION OF SUBMITTED BIDS PRIOR TO BID OPENING: A bidder may request to modify their bid response prior to the scheduled date and time set for the public bid opening (i.e. bid submission deadline). To modify a bid response, the bidder must provide an alternate, complete bid package containing all required forms and necessary documents. The alternate bid package must have in the email subject line “REVISED”. 13. UNIT BID PRICES: The unit bid price(s) submitted shall govern the award of this procurement unless otherwise specified in the bid evaluation criteria. The unit bid price should be entered for each required bid item on the Department’s pricing page. Use of ditto marks, arrows, or other markings in lieu of the actual unit price may result in a non-responsive bid determination. Lot or group prices listed in the unit bid price area shall be considered as the unit price unless clearly identified as the lot price. Unless specifically allowed in the contract’s terms and conditions, requests to change or alter unit bid prices after the public bid opening are prohibited. The following requirements also apply to unit bid prices: a. DECIMAL POINT: Bidders should not insert a unit cost of more than two (2) digits to the right of the decimal point. Digit(s) beyond two (2) will be dropped and not recognized by the Department for the purposes of bid evaluation or contract award. b. CREDIT CARD FEES: Bidders must incorporate into their unit bid price(s) submitted all costs and fees associated with the State’s use of a payment (credit) card. c. DISCOUNTS: While bidders may offer to the Department discounts for prompt payment and other similar incentives, discounts and incentives these will not be used to alter the submitted unit bid price(s) for purposes of bid evaluation and contract award. This section only applies to bids awarded to the lowest responsive and responsible bidder either by individual bid item or group of bid items and does not include bids which are awarded to all responsive and responsible bidders (i.e. Multiple Award Contracts). d. MULTIPLE AWARD CONTRACTS: Pursuant to Ohio Revised Code 5513.02, the Department may award Contracts to all responsive and responsible bidders for articles (i.e. bid items) meeting the general specifications provided. These are referenced by the Department as ‘Multiple Award Contracts’. Unit bid prices submitted for Multiple Award Contracts shall be considered by the Department as an amount-not-to-exceed unit bid price for the entire duration of the Contract. These awarded, amount-not-to-exceed bid prices often do not reflect potential quantity discounts, freight discounts, nor other similar discounts/incentives offered periodically by a distributor, manufacturer, or supplier. Where like or similar bid items are being offered by two or more awarded Vendors (bidders) on the awarded Contract, the Department reserves the right to obtain quotes from all awarded bidders on the Contract in order to achieve the best and most up-to-date pricing available to the Department at the time of ordering. e. UNBALANCED BIDS: The Department will not accept unit bid prices that are deemed to be either materially or mathematically unbalanced. The final determination of an unbalanced unit bid price shall be at the Department’s sole discretion. f. TIE BID PROCESS: If two or more responsive bids offer the same unit bid price, ODOT may break the tie as follows: during the bid evaluation process, the bidders that submitted tie bids will be contacted and given up to three (3) business days to submit a written revised unit price for the affected item or items. Bidders are not required to submit a revised unit price. In the event a tie still exists after the above-prescribed deadline has passed, ODOT will schedule a coin flip to be Invitation No. 114-23 17 conducted in the presence of both bidders. The winner of the coin flip will be deemed awarded the affected bid item(s). 14. PREFERENCE FOR OHIO/BORDER STATE PRODUCTS: The bid award for this procurement may be subject to the domestic preference provisions of the Buy America Act, 41 U.S.C.A., 10a-10d, as amended, and to the preference for Ohio products under O.R.C. Sections 125.09 and 125.11 and Ohio Administrative Code Rule 123:5-1-06. A bidder must complete the enclosed Ohio Bid Preference Certification Statement form to be eligible to receive any applicable bid preferences. 15. RESPONSIVE BIDDER: A bidder is responsive if its bid responds to the bid specifications in all material respects and contains no irregularities or deviations from the specifications that would affect the amount of the bid or otherwise give the bidder an unfair competitive advantage. 16. MINOR INFORMALITIES OR IRREGULARITIES IN BIDS: A minor informality or irregularity is one that is merely a matter of form and not of substance. It also pertains to some immaterial defect in a bid or variation of a bid from the exact requirements of the invitation that can be corrected or waived without being prejudicial to other bidders. The defect or variation is immaterial when the effect on price, quantity, quality, or delivery is negligible when contrasted with the total cost or scope of the supplies or services being acquired. The Department either shall give the bidder an opportunity to cure any deficiency resulting from a minor informality or irregularity in a bid or waive the deficiency, whichever is to the advantage of the Department. 17. BIDDER RESPONSIBILITY: The Department will only award this procurement to what it deems to be a responsible bidder. The Department’s determination of a bidder’s responsibility includes, but is not limited to, the following factors: a) experience of the bidder; b) bidder’s financial condition; c) bidder’s conduct and performance on previous contracts; d) the bidder’s facilities; e) the bidder’s management skills; f) the bidder’s employees; g) past experience and/or quality of bidder’s proposed subcontractors; h) the bidder’s ability to execute the contract; i) review of Federal and Department debarment lists; j) bidder has history of successful performance on contracts of similar size and scope; and k) current or impending legal actions against a bidder. 18. APPARENT CLERICAL MISTAKES: Clerical mistakes apparent on the face of the bid may be corrected, at the Department’s discretion, before contract award. The Department first shall obtain from the bidder a verification of the information intended and will attach written verification of the mistake by the bidder in the contract file and award documents. Example of apparent clerical mistakes are: (1) Obvious misplacement of a decimal point or comma; (2) Obvious incorrect discount factor; or (3) Transcription error in Part Number. 19. ADDITIONAL INFORMATION: The Department reserves the right to request additional information to evaluate a bidder’s responsiveness to the procurement’s requirements and/or to evaluate a bidder’s overall responsibility. These requests may require the bidder’s submission of confidential materials (e.g. financial statements). If a bidder does not provide all of the requested information within the prescribed timeframe, the Department may find the bid non-responsive and ineligible for award. 20. PRODUCT SAMPLES: The Department may require bidders, by procurement or by request during bid evaluation, to provide sample supplies or equipment or examples of work, at the Bidder’s expense. Samples must clearly identify the Bidder, the bid number, and the item the sample represents in the bid. The Department will return samples that are not destroyed by testing, at the Bidder's expense, upon the Bidder’s timely request. The Department may keep the samples of the Bidder awarded the contract until the completion of the contract. Unsolicited samples submitted in response to this procurement will not be evaluated and the Department may dispose of them in any way it chooses. Invitation No. 114-23 18 21. SPECIFICATIONS: The Department is authorized by Sections 5513 and/or 125.02(B) of the Ohio Revised Code to prepare specifications and establish contracts to obtain the supplies, equipment, and/or services referenced within this procurement. The purpose of the provided specifications is to describe the supplies, equipment, and/or services to be purchased and will serve as a fair and equitable basis for comparison of submitted bids. The Department may use any form of specification it determines to be in the best interest of the Department and that best describes the supplies or services to be purchased. Specifications may be in the form of a design specification or a combination thereof. If the department determines that a design, performance or a combination specification is not in the best interest of the Department, it may use brand name or equal specifications. Unless otherwise specified in this procurement, all products, equipment, supplies, etc. offered by bidders must be in a new condition. A ‘new’ product is one that will be first used by the Department after it has been manufactured or produced. Used, reconditioned, or previously titled products, supplies, or equipment will not be considered for award of this procurement. The Department uses qualified products list (QPL) and/or approved products lists (APL) developed by either itself or other qualified institutions to specify acceptable products and supplies that have been through proper application and testing procedures to verify conformance with technical and/or performance specifications. Where the Department requires products and supplies to be included on a specific QPL/APL listing, the Department will not accept bids for products/supplies that are not included on a specified QPL/APL at the time of public bid opening. A bidder may not be compensated for damages arising from inaccurate or incomplete information in the procurement specifications or from inaccurate assumptions based upon the specifications. 22. USE OF BRAND NAMES: Unless otherwise provided in this solicitation, the name of a certain brand, make, or manufacturer does not restrict bidders to the specific brand, make, or manufacturer named, but conveys the general style, type, character, and quality of the article desired. Any article which the Department, in its sole discretion, determines to be the equivalent of that specified, considering quality, workmanship, economy of operation, or suitability for the purpose intended, may be accepted. The bidder is responsible to clearly and specifically identify the product being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable the Department to determine if the product offered meets the requirements of the solicitation. Failure to furnish adequate data for evaluation purposes may result in declaring a bid nonresponsive. Unless the bidder clearly indicates in its bid that the product being offered is an equivalent product, such bid will be considered to offer the exact brand, make, or manufacturer name referenced in the bid solicitation. 23. DEVIATIONS: Statements or modifications made by a bidder in their submitted bid package that deviate from this procurement’s terms, conditions, specifications and requirements may render a bid non- responsive and ineligible for award. Acceptance of any deviations or modifications will be confirmed by the Department in writing, if accepted. If the Department does not specifically approve submitted deviations or modifications in writing, an award of this procurement shall not constitute acceptance of the bidder’s submitted modifications. 24. ESTIMATED QUANTITIES: Any purchase estimates indicated for bid item(s) are to be considered as estimates only. The Department makes no representation or guarantee as to the actual amount of item(s) to be purchased by the Department or Political Subdivisions. 25. OVERLAPPING CONTRACT ITEMS: The products and/or services included in this solicitation may be available from other State of Ohio contracts and/or other contracts made available for the Department’s use. The existence of these contracts containing like or similar products and/or services could be either known or unknown to the Department at the time this procurement has been published. Unless otherwise stated in this contract, the Department may acquire these products and/or services from any available source. The Department will make purchases from sources that are deemed to be in the best interest of the Agency. 26. REJECTION/PARTIAL AWARD OF BIDS: The Department reserves the right to reject any or all bid responses, award partial contracts, or choose to rebid when: Invitation No. 114-23 19 (1) Product, supplies and/or services are not in compliance with the requirements, specifications, and terms and conditions set forth in this procurement; or (2) Pricing offered is determined to be excessive in comparison with existing market conditions, or exceeds the available funds of the Department; or (3) Only one bid is received, and the Department cannot determine the reasonableness of the bid prices submitted; or (4) It is determined that the award of any or all items would not be in the best interest of the Department; or (5) The Department, in its opinion, did not achieve the desired amount of competition amongst qualified bidders for the products, supplies, and/or services being offered in the bid solicitation; or (6) Inadequate or ambiguous specifications were cited in the bidding documents; or (7) The Department determines that specifications and/or requirements were missing from the bidding documents; or (8) A bidder imposes additional terms and conditions against the Department. 27. NOTICE TO BIDDERS OF REJECTED BIDS: When the Department deems it necessary to reject a bid, the Department will notify each affected bidder and the reasons for such actions. 28. BID PROTESTS: Any apparent low bidder either deemed not responsible or whose bid has been deemed non-responsive shall be notified by the Department of that determination and the reasons for it. The notification will be provided by the Department in writing and sent by U.S. mail and at the email address provided on the front cover of the bidder’s bid. The bidder will have five (5) calendar days after receipt (by mail or email confirmation) of this notification to file a written, valid protest of the Department’s determination. A valid written protest must contain substantive information and evidence so as to refute the Department’s asserted claims against either the bid’s responsiveness or bidder’s responsibility, whichever apply. The Department will only review and respond to valid written protests containing substantive information and evidence. After review of the valid written protest, the Department will either affirm or reverse its original determination. If a valid written protest is not received by the Department within five (5) calendar days of receipt, the Director of ODOT will move forward awarding the Contract and the affected bidder will have effectively waived its right to protest the Department’s decision. For the purposes of this paragraph, “receipt” shall be defined as verification (via either certified mail return receipt or electronic read or delivery receipt) that the apparent low bidder has received the Department’s written determination against the affected bidder. Upon the bidder’s receipt, the five (5) calendar day response deadline shall commence. 29. DELAYS IN CONTRACT AWARD: Delays in the award of this procurement beyond the anticipated Contract start date may result in a change in the contract period as indicated in the Special terms and conditions of this bid solicitation. In these instances, ODOT shall reserve the right to award a contract covering a period equal to or less than the initial contract term than originally specified in this bid solicitation. 30. CONTRACT AWARD AND FORMATION: Successful bidder(s) will receive via U.S. regular mail and/or email a Notice of Contract Award letter as well as a photocopy version of the Signature Page executed by both Parties. These documents shall serve to form the Contract between the Parties. The Signature Page must be executed by both the bidder and the Director of ODOT for the Contract to be deemed valid and enforceable. The Department will maintain in the Contract file the Signature Page document containing each parties’ original signature(s). Upon award of a procurement, the bid invitation number (e.g. Invitation No. 999-16) will subsequently become the number assigned to the resulting Contract (e.g. ODOT Contract number 999-16) and will be referenced by the Department in all matters and documents related to said Contract. Invitation No. 114-23 20 Upon award of a procurement, successful bidders will thereafter be referenced as “Vendor” or “Contractor” by the Department in all matters and documents related to the resulting Contract. 31. PUBLIC POSTING OF AWARDED CONTRACTS: All Contracts awarded by the Office of Contract Sales, Purchasing Services section are posted to the Department’s website and open for public review. Successful bidders and awarded Contract pricing can be found by viewing the Contract’s award tab (Excel file). Award tabs can be accessed via the following website: http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Lists/PurchaseCurrentContracts/CurrentKs.aspx 32. PUBLIC RECORD: All opened bids and their contents are subject to the Public Records Law, Section 149.43 of the Ohio Revised Code. Copies of bid responses must be requested and will be provided within a reasonable period of time and at a fee established by the Director of ODOT. To expedite and properly respond to such public records requests, a written request must be submitted to the Department. To prevent delays in evaluating bids and awarding contracts, such requests for recently opened bids, will be honored after a Contract has been executed. Bidders may request that specific information, such as trade secrets or proprietary data, be designated as confidential and not considered as public record. Material so designated shall accompany the bid and be in a sealed container duly marked, and shall be readily separable from the bid in order to facilitate public inspection of non-confidential portion. Prices, makes, models, catalog numbers of items offered, deliveries and terms of payment cannot be considered as confidential. The decision as to whether or not such trade secrets or proprietary data shall be disclosed at the bid opening rests solely with the Department. Requests to view previously submitted bids must be submitted in writing to either of the following addresses: Contracts.Purchasing@dot.ohio.gov Ohio Department of Transportation Office of Contract Sales, Purchasing Services 1980 West Broad St. Mail Stop 4110 Columbus, OH 43223 (the remainder of this page has been left intentionally blank) http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Lists/PurchaseCurrentContracts/CurrentKs.aspx mailto:Contracts.Purchasing@dot.ohio.gov Invitation No. 114-23 21 State of Ohio, Department of Transportation (ODOT) Office of Contract Sales, Purchasing Services GENERAL DEFINITIONS (Last revised 11/30/2020) When used in this procurement or any ensuing contract, the following definitions shall apply. If a conflict exists between these definitions and any definition listed in the bid specifications, the bid specifications shall prevail. 1. AGENCY: Ohio Department of Transportation. 2. AUTHORIZED DISTRIBUTOR: The bidder/vendor who maintains written legal agreements with manufacturers/producers to act as their agent and provide supplies, materials, equipment or services listed in the bid/contract. The authorized distributor must maintain active and sufficient facilities necessary to perform the awarded contract, own title to the goods inventoried within these facilities and maintain a true stock of these goods on a continuing basis and in sufficient quantity to provide uninterrupted service to ordering agencies. 3. BIDDER: The company and/or authorized representative of the company who has signed and is submitting a bid response and who will be responsible to ensure proper performance of the contract awarded pursuant to the bid. The term bidder, proposer, contractor, or vendor may be used interchangeably in this document. 4. DEPARTMENT: Ohio Department of Transportation 5. EQUIPMENT: Items, implements and machinery with a predetermined and considerable usage life. 6. F.O.B. PLACE OF DESTINATION: meaning the Vendor pays, and includes the cost of such in their bid, and bears the risk for the transportation/delivery of goods delivered to the specified locations provided by the Purchaser. 7. PROCUREMENT/CONTRACT: All documents, whether attached or incorporated by reference, utilized for soliciting bids. Upon completion of the evaluation and award of the bidder's response, the procurement then becomes the contract between ODOT and the successful bidder, both governed by the laws of the State of Ohio. 8. INVOICE: An itemized listing showing delivery of the commodity or performance of the service described in the order, and the date of the purchase or rendering of the service, or an itemization of the things done, material supplied, or labor furnished, and the sum due pursuant to the contract or obligation. 9. LOWEST RESPONSIVE\RESPONSIBLE BIDDER: A bidder who offers the lowest cost for the goods or services listed in the bid; and whose proposal responds to bid specifications in all material respects and contains no irregularities or deviations from the specifications which would affect the amount of the bid or otherwise give him a competitive advantage; and whose experience, financial condition, conduct and performance on previous contracts, facilities, management skills evidences their ability to execute the contract properly. 10. MINORITY BUSINESS ENTERPRISE (MBE): means an individual, partnership, corporation or joint venture of any kind that is owned and controlled by U. S. Citizens and residents of Ohio, who are and have held themselves out as members of the following socially and economically disadvantaged groups. Only businesses certified by the State of Ohio Equal Opportunity Division in accordance with Section 123.151 of the Ohio Revised Code shall be recognized as being MBE certified within the purpose of this invitation. 11. MATERIALS: Items or substance of an expendable or non-expendable nature from which something can be made, improved or repaired. Invitation No. 114-23 22 13. PURCHASE: To buy, purchase, installment purchase, rent, lease, lease purchase or otherwise acquire equipment, materials, supplies or services. "Purchase" also includes all functions that pertain to obtaining of equipment, materials, supplies or services, including description of requirements, selection and solicitation of sources, preparation and award of contracts, and all phases of contract administration. 14. SERVICES: The furnishing of labor, time or effort by a person, not involving the delivery of a specific end product other than a report which, if provided, is merely incidental to the required performance. "Services" does not include services furnished pursuant to employment agreements or collective bargaining agreements. 15. SPECIFICATION: Any description of the physical or functional characteristics or of the nature of supplies, equipment, service, or insurance. It may include a description of any requirements for inspecting, testing, or preparing supplies, equipment, services, or insurance. 16. SUPPLIES: Provisions and items normally considered expendable or consumable. 17. UNBALANCED: Any unit price contained in the bid schedule which is obviously unbalanced either above or below reasonable cost analysis and or unreasonably disproportionate to current market prices as determined by the Director of ODOT, or if such unbalanced prices are contrary to the interest of the department. 18. VENDOR: The bidder who, upon awarding of a contract, then becomes a Vendor who is considered to be a primary source for providing the goods and/or services included in the awarded contract and the party to whom payment will be made upon delivery of the goods and/or completion of the contract. 19. SUBVENDOR/SUBCONTRACTOR: An individual, firm or corporation to whom the Vendor sublets part of the contract to be performed. (the remainder of this page has been left intentionally blank) Invitation No. 114-23 23 State of Ohio, Department of Transportation (ODOT) Office of Contract Sales, Purchasing Services STANDARD CONTRACT TERMS AND CONDITIONS (Last Revised 11/30/20) 1. HEADINGS: The headings used in this Contract are for convenience only and shall not be used to affect the interpretation of any of the Contract terms and conditions. 2. ENTIRE CONTRACT: This Contract consists of the complete procurement, including the Instructions, Terms and Conditions for Bidding, these Standard Contract Terms and Conditions, the Special Contract Terms and Conditions, ODOT Cooperative Purchasing Program Requirements, mutually executed Signature Page, Specifications and Requirements, awarded unit bid pricing, and any written addenda to the procurement; the completed competitive sealed bid, including proper modifications, clarifications and samples; and applicable, valid State of Ohio purchase orders or other ordering documents (“Contract”). 3. APPROPRIATION OF FUNDS. Pursuant to the Constitution of the State of Ohio, Article II Section 22, ODOT’s funds are contingent upon the availability of lawful appropriations by the Ohio General Assembly. If the Ohio General Assembly fails at any time to continue funding for the payments or obligations due hereunder, the Work under this Contract that is affected by the lack of funding will terminate and ODOT will have no further obligation to make any payments and will be released from its obligations on the date funding expires. The current Ohio General Assembly cannot commit a future Ohio General Assembly to a future expenditure. If the term of this Contract extends beyond a biennium, the Contract will expire at the end of a current biennium and the State may renew this Contract in the next biennium by issuing written notice to the Vendor no later than July 1 of the new biennium. The operating biennium expires June 30th of each odd-numbered calendar year. 4. OBM CERTIFICATION: None of the rights, duties, or obligations in this Contract will be binding on the Department, and the Vendor will not begin its performance, until all of the following conditions have been met: 1. All statutory provisions under the O.R.C., including Section 126.07, have been met; and 2. All necessary funds are made available by the Ohio Office of Budget and Management; or 3. If ODOT is relying on Federal or third-party funds for this Contract the ODOT gives the Vendor written notice that such funds have been made available. 5. CONTRACT MODIFICATIONS: Amendments or modifications to this Contract must be executed in writing between the parties and signed by the Director of ODOT. Amendments or modifications to this Contract made between the Vendor and other Department personnel shall be void and unenforceable. 6. CONTRACT CONSTRUCTION: Any general rule of construction to the contrary notwithstanding this Contract shall be liberally construed in favor of the effect the purpose of this Contract and the policy and purposes of the Department. If any provisions in this Contract are found to be ambiguous, an interpretation consistent with the purpose of this Contract that would render the provision valid shall be favored over any interpretation that would render it invalid. 7. GOVERNING LAW / SEVERABILITY: This Contract shall be governed by the laws of the State of Ohio, and the venue for any disputes will be exclusively with the appropriate court in Franklin County, Ohio. If any provision of the Contract or the application of any provision is held by that court to be contrary to law, the remaining provisions of the Contract will remain in full force and effect. 8. ASSIGNMENT / DELEGATION: The Vendor will not assign any of its rights nor delegate any of its duties under this Contract without the written consent of the Director of ODOT. Any assignment or delegation not consented to may be deemed void by the Department. 9. PLACEMENT OF ORDERS/METHODS OF PAYMENT: The Department shall use either State of Ohio Purchase Order or State of Ohio Payment Card (i.e. credit card) to authorize performance under this Contract and to issue payments for supplies, products, and/or services acquired. Vendors are required to Invitation No. 114-23 24 accept both forms of payment. For Department purchases over $2,500.00, an official State of Ohio purchase order must be generated and obtain approvals from the Office of Budget and Management, the Department of Administrative Services, and the Director of Transportation prior to its effectiveness. An approved State of Ohio purchase order will be sent to the Vendor and the Vendor will provide the goods and/or services listed on the ordering documents and in accordance with the Contract’s terms and conditions. Any order placed not using an approved ODOT purchase order or against a State payment card, shall not be considered a valid order and may result in denial of payment and/or return of goods at the Vendor's expense. 10. ACCEPTANCE OF ORDERS: The Vendor must accept orders placed by the Department pursuant to this Contract up through the last day of the Contract’s effectiveness, inclusive of any contract extensions exercised or agreed-upon between the Parties. 11. BLANKET PURCHASE ORDERS: The Department utilizes blanket purchase orders to pre-authorize funding for use on Contracts containing bid items that, due to the urgent nature of maintaining the Department’s highways and facilities, are critical to the Department executing its mission and objectives. The generation of blanket purchase orders are not used by the Department to place a specific order, rather as a means to make funding more readily available for use when Contract items are needed. The Vendor shall keep all blanket purchase orders on file and make them readily available for use by Department personnel to place orders against. When placing orders against a blanket purchase order, the Department will telephone or email orders referencing the blanket purchase order and its associated ODOT purchase order number. All of the Contract’s terms and conditions shall apply to the Department’s orders referencing a blanket purchase order. For all blanket purchase orders, quantities and amounts to be purchased from these purchase orders is unknown by the Department and Vendors must not construe these purchase orders as a commitment to purchase a specific amount of goods and/or services. Accordingly, the Department reserves the right to increase or decrease the available funding on these blanket purchase orders at its discretion. 12. DELIVERY INSPECTION AND ACCEPTANCE: Upon pick-up or delivery of any supplies, products, and/or services, ODOT retains the right to inspect the product/service prior to final acceptance and/or payment for the product/service. ODOT shall have sufficient and reasonable time to fully inspect supplies and/or services for compliance. The purpose of the inspection process is to ensure that the product/service is in compliance with the specifications set forth in the awarded contract. In the event that the product/service does not meet the specifications, ODOT shall notify the Vendor for removal/replacement of the product and/or service at the Vendor’s expense. ODOT shall retain all rights and remedies as described herein. Wherein products ordered by ODOT are delivered to a facility, which is not owned by ODOT and where ODOT has contracted with this facility to take delivery of products ordered by ODOT, acceptance will occur when the products have been inspected and accepted by ODOT within a reasonable amount of time after delivery to the facility. ODOT shall not be responsible for any storage costs incurred prior to the inspection and acceptance. 13. RETURN GOODS POLICY: The Department will apply the following Return Goods Policy on all purchases made under the Contract: (A) Return goods, when due to Vendor debar (i.e. over-shipment, defective merchandise, unapproved substitution, etc.) shall be returned to the Vendor, at the Vendor’s expense. The Vendor shall make arrangements to remove the return goods from the Department’s premises within five (5) calendar days after notification. The Vendor shall not apply any restocking or other charges to the Department. At the option of the Department, replacement items may be accepted and will be shipped within five (5) calendar days of notification. Failure of the Vendor to arrange for return of the items within the specified time will result in the items being deemed as abandoned property and the Department will dispose of accordingly. Invitation No. 114-23 25 (B) For orders of custom manufactured items, the Vendor will provide a production sample of the item to the Department for acceptance. The production sample will be identical to the item to be provided. The Department will provide written acceptance of the item prior to the Vendor continuing with production. Once delivery and acceptance has been completed and the Department determines for any reason that any remaining quantities will not be used, the agency may request the return of the custom manufactured items. Acceptance of the return of custom manufactured items will be at the option of the Vendor. If the Vendor agrees to the return of these items, the Department will be responsible for all costs associated with packaging, shipment and transportation, to include the original shipment to the Department and subsequent return of goods to the location designated by the Vendor. The Vendor may assess restocking fees that are equivalent to restocking fees that are normally assessed to other customers or as published by the Vendor. Failure of the Vendor to provide a production sample and obtain written approval from the Department will result in the Vendor bearing all responsibility and costs associated with the return of these goods. (C) Return goods of regular catalog stock merchandise, when due to Department error (i.e. over purchase, discontinued use, inventory reduction, etc.) will be accepted by the Vendor if notice is given by the Department within six (6) months of delivery and acceptance. All items to be returned must be unused and in their original containers and in suitable condition for resale. The Department will be responsible for all transportation costs associated with both the original shipment of items to the agency and the subsequent return of the items to the location designated by the Vendor. The Vendor may assess a restocking fee (not to exceed 10%) associated with the return of the items to the location designated by the Vendor. Return of regular stock catalog merchandise, when delivery and acceptance exceed six (6) months will be at the option of the Vendor. 14. PRODUCT RECALLS: In the event product delivered has been recalled, seized, or embargoed and/or has been determined to be misbranded, adulterated, or found to be unfit for human consumption by the packer, processor, manufacturer or by any Department or Federal regulatory agency, the Vendor shall be responsible to notify the ODOT Office of Contract Sales, Purchasing Services section and all other ordering agencies/entities within two business days after notice has been given. Vendor shall, at the option of the Department, either reimburse the purchase price or provide an equivalent replacement product at no additional cost. Vendor shall be responsible for removal and/or replacement of the affected product within a reasonable time as determined by the ordering agency. At the option of the ordering agency, Vendor may be required to reimburse storage and/or handling fees to be calculated from time of delivery and acceptance to actual removal. Vendor will bear all costs associated with the removal and proper disposal of the affected product. Failure to reimburse the purchase price or provide equivalent replacement product will be considered a default. 15. PRODUCT SUBSTITUTION: In the event a specified product listed in the Contract becomes unavailable or cannot be supplied by the Vendor for any reason (except as provided for in the Force Majeure clause), a product deemed in writing by the Department to be equal to or better than the specified product must be substituted by the Vendor at no additional cost or expense to the Department. Unless otherwise specified, any substitution of product prior to the Department’s written approval may be cause for termination of Contract. The Department reserves the right to deny any substitution request that it is deemed to not be in the best interest of the Department. In these instances, the Department may seek substitute products from another supplier and assess the difference in cost, if any, as damages against the Vendor for their material breach. 16. INVOICE REQUIREMENTS: The Vendor must submit an original, proper invoice to the office designated on the purchase order as the “bill to” address. To be a proper invoice, the invoice must include the following information: 1. The ODOT purchase order number authorizing the delivery of products or services. 2. A description of what the Vendor delivered, including, as applicable, the time period, serial number, unit price, quantity, and total price of the products and services. 3. The Contract number pursuant to the deliverable. Invitation No. 114-23 26 17. DEFECTIVE INVOICES: In the event the Department is in receipt of defective or improper invoices, the Department shall postpone payment pursuant to Section 126.30 of the Ohio Revised Code. Invoices shall be returned to the Vendor noting areas for correction. If such notification of defect is sent, the required payment date shall be thirty (30) calendar days after receipt of the corrected invoice. 18. PAYMENT DUE DATE: Payments under this Contract will be due on the 30th calendar day after the date of actual receipt of a proper invoice in the office designated to receive the invoice, or the date the service is delivered and accepted in accordance with the terms of this Contract. The date of the warrant issued in payment will be considered the date payment is made. Interest on late payments will be paid in accordance with O.R.C. Section 126.30. 19. INSURANCE POLICIES: By way of provision in this Contract to maintain specific minimum levels of insurance coverage(s) (e.g. Commercial General liability, Auto liability, Public liability, Property Damage, etc.), the Vendor shall provide to Department upon request evidence of such insurance required to be carried by these provisions, including any endorsement affecting the additional insured status, is in full force and effect and that premiums therefore have been paid. Such evidence shall be furnished by the Vendor within two (2) business days and on the insurance industry's standard ACORD Form (Certificate of Insurance) or a certified copy of the original policy. The Certificate of Insurance or certified copy of the policy must contain an endorsement naming the State of Ohio, Department of Transportation, its officers, agents, employees, and servants as additionally insured, but only with respect to Work performed for the Department under this Contract, at no cost to Department. Vendor shall notify the Department within ten (10) calendar days of receipt of a notice of cancellation, expiration, or any reduction in coverage, or if the insurer commences proceedings or has proceedings commenced against it, indicating the insurer is insolvent. Vendor shall provide to the Department evidence of a replacement policy at least five (5) calendar days prior to the effective date of such cancellation, expiration, or reduction in coverage. All required insurance policies shall be maintained at Vendor’s sole expense and in full force for the complete term of the Contract, including any warranty periods. Reference 107.12 the Construction & Materials Specification handbook. 20. TAXATION: ODOT is exempt from federal excise taxes and all Department and local taxes, unless otherwise provided herein. ODOT does not agree to pay any taxes on commodities, goods, or services acquired from any Vendor. 21. CONTRACT TERMINATION: If a Vendor fails to perform any one of its obligations under this Contract, it will be in breach of contract and the Department may terminate this Contract in accordance with this section. Notices of contract termination shall be made in writing. The termination will be effective on the date delineated by the Department. a. Termination for Breach. If Vendor’s breach is unable to be cured in a reasonable time, the Department may terminate the Contract by written notice to the Vendor. b. Termination for Un-remedied Breach. If Vendor’s breach may be cured within a reasonable time, the Department will provide written notice to Vendor specifying the breach and the time within which Vendor must correct the breach. If Vendor fails to cure the specified breach within the time required, the Department may terminate the Contract. If the Department does not give timely notice of breach to Vendor, the Department has not waived any of the Department’s rights or remedies concerning the breach. c. Termination for Persistent Breach. The Department may terminate this Contract by written notice to Vendor for defaults that are cured, but persistent. “Persistent” means three or more breaches. After the Department has notified Vendor of its third breach, the Department may terminate this Contract without providing Vendor with an opportunity to cure. The three or more breaches are not required to be related to each other in any way. d. Termination for Endangered Performance. The Department may terminate this Contract by written notice to the Vendor if the Department determines that the performance of the Contract is endangered through no fault of the Department. Invitation No. 114-23 27 e. Termination for Financial Instability. The Department may terminate this Contract by written notice to the Vendor if a petition in bankruptcy or a Federal or State tax lien has been filed by or against the Vendor. f. Termination for Delinquency, Violation of Law. The Department may terminate this Contract by written notice, if it determines that Vendor is delinquent in its payment of federal, Department or local taxes, workers’ compensation, insu