ITB 114A-27

ITB 114A DISTRICT 1 GENERAL MAINTENANCE CONTRACT

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 thirty-four (34) locations in Allen, Auglaize, Hancock, Hardin, Mercer, Paulding, Putnam, Van Wert and Wyandot counties (a complete listing of site locations with addresses is listed at the end of these specifications in Section 19: 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, 2026, through October 31, 2028.

Section 3: Multiple Award

Due to the wide variety of work items and various locations across Northwest 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 must submit their Bid Responses electronically in OhioBuys before the published deadline date & time, Columbus, Ohio local time on the Proposal due date. Vendors will not be able to submit Bid Responses, or unsolicited Proposal amendments after the deadline.

Vendors must allow adequate time for uploading a Bid Response prior to the due date and time. ODOT recommends that vendors submit Bid Responses as early as possible. If a second round is issued for any reason, vendors must resubmit their bid if they had already submitted in a previous round, as the previously submitted Bid Responses do NOT carry over to the new round.

The Signature process takes place after the award now. The email will come from documents@esign.ohio.gov and will go to the signatory that was identified in the bid submission. The subject line will be the bid # Signature Request, (example: 114A-27 Signature Request).

No contract can be issued to your company until we receive your signature to complete the process. And you must have an OAKS Payor ID before a contract can be issued. To obtain that, you will need to go into https://ohiopays.ohio.gov.

Vendors should only bid on districts within their geographical region where they can provide service in accordance with Section 8: Labor of these specifications.

Section 4: Registration with The Secretary of State

The contractor certifies that it is one of the following:

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

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

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

Section 5: 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 facilities.

Section 6: Scope of Work

Due to the many unforeseen factors that relate to the operation and upkeep of the various District 1 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 thirty-four (34) sites throughout District 1. 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

• 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

6.1: Contracted Services Workflow Process

6.1.1: 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.

6.1.2: Presentation of Project Plan and Cost

The awarded vendor shall present a written project plan within five (5) business days from the date of the 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

6.1.2.1: Notification to Statewide Facilities Operations

For all project proposals more than $50,000, 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

6.1.3: 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.

6.2: 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.

6.2.1: Communication

Communication must be maintained between all parties in a continual, prompt, and respectful manner from project commencement to completion.

6.2.2: Quality of Work mailto:Timothy.Brunney@dot.ohio.gov

The contracted services provided must be performed in a workmanlike manner by properly trained personnel and shall conform to the highest professional standards.

6.2.3: 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 7: Items Provided by the Vendor

7.1: Materials and Supplies

All materials and supplies shall be designed for 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 the 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.

7.2: Equipment

7.2.1: Vendor Owned Equipment

All vendor owned equipment used to complete the project will be paid for 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.

7.2.2: 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.

7.3: Plans

The vendor shall be responsible for providing project plans as requested by the department and/or required for necessary regulatory permits.

7.4: 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 8: Labor

8.1: Work Hours

All work must be performed between the hours of 6:00 a.m. and 4:00 p.m. Monday through Friday excluding state holidays. Work at other than these hours or days of the week must be arranged in advance 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.

8.2: 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.

8.3: 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.

8.4: 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.

8.5: State of Ohio Prevailing Wage Rates

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 awarding 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.

8.6: Prevailing Wage Compliance

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 Gary Kramer Gary.Kramer@dot.ohio.gov 419-999-6809 419-516-7684 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 9: 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 10: 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 11: 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 mailto:Gary.Kramer@dot.ohio.gov mailto:Teresa.Vannoy@dot.ohio.gov mailto:Thomas.Yanka@dot.ohio.gov subcontractor(s) as proof of costs. The 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 12: 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 13: Vendor Coordination of Services

ODOT requires a single contact point for scheduling, contract administration and billing to eliminate confusion for questions to responsible parties after the 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 14: 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: Troy Stolzenburg 1705 North McCullough Street Lima, OH 45801 troy.stolzenburg@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 7.1: 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 15: 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 mailto:troy.stolzenburg@dot.ohio.gov 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 16: Compliance with E-Verify Workforce Integrity Act

Contractor and any Subcontractor must, at all times during performance of the Contract, comply with the provisions of the State of Ohio’s E-Verify Workforce Integrity Act (Ohio Revised Code 4151.01 to 4151.03) and must verify the identity and legal working status of each employee hired to perform work on the Project through the e-verify program.

Section 17: 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 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 8.5: 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 18: 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 19: 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 AUG35 RRA 01-35 I 75 NB I 75 NB MM 113.99 Wapakoneta 45895 Auglaize 01-35 1 AUG36 RRA 01-36 I 75 SB I 75 SB MM 114.11 Wapakoneta 45895 Auglaize 01-36 1 AUG37 RRA 01-37 US 33 EB US 33 EB MM 29.85 Saint Marys 45885 Auglaize 01-37

1 AUG38 RRA 01-38 US 33 WB US 33 WB MM

29.94 Saint Marys 45885 Auglaize 01-38

1 AUGCG Auglaize Full Service 511 Commerce Drive Wapakoneta 45895 Auglaize

1 AUGPWE Saint Marys Outpost 802 E Armstrong St Saint Marys 45885 Auglaize 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 MERCG Mercer Full Service 4444 SR 29 Celina 45822 Mercer 1 MERPNO Mercer Outpost 5729 Mercer Rd Celina 45822 Mercer 1 MERPSO Cassella Outpost 5882 SR 119 St Henry 45883 Mercer 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

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

STANDARD TERMS & CONDITIONS

Rev. 6.4.26

I. GLOSSARY

The following definitions are applicable to all components of the Contract. If a conflict exists between these definitions and any definition listed in the specifications or scope of work, the specifications or scope shall prevail.

A. ACCEPTANCE: Approval and retention by ODOT of any goods, products, services or other Deliverables, delivered to fulfill Contract requirements.

B. AGENCY/ODOT/DEPARTMENT: Ohio Department of Transportation

C. AUTHORIZED DEALER/DISTRIBUTOR: The vendor that maintains written legal agreements with manufacturers to act as their agent and provide goods, products, or services listed in the bid/RFQ/contract. The authorized Dealer/Distributor must maintain active and sufficient facilities necessary to perform the awarded Contract, own title to the goods, products, or services and maintain available stock on a continuous basis and in sufficient quantity to provide uninterrupted access to the Contract Deliverable.

D. BIDDER: The company and/or authorized representative of the company who has signed and is submitting a bid response and who will be responsible for ensuring proper performance of the contract awarded pursuant to the bid. The term bidder, proposer, contractor, supplier, or vendor may be used interchangeably in this document.

E. CONTRACT DATA: State data that the Contractor has access to, transmits, processes, possesses, creates, or stores in providing service to ODOT.

F. DEFAULT: The omission or failure to perform any obligation under this Contract.

G. DELIVERABLE: Any Contractor-provided products, supplies, services, work or product described in the specifications of the Contract.

H. F.O.B PLACE OF DESTINATION: The Vendor pays, and includes the cost of such in its bid, and bears the risk for the transportation and delivery of goods delivered to the specified locations provided by the Department.

I. GOODS: Anything that can be purchased that is not a service or real property.

J. INVOICE: An itemized listing showing delivery of the goods or performance of the services described in the order that must include the date of the purchase or rendering of the service, an itemization of the things done, material supplied, equipment used or labor furnished, and the sum due pursuant to the contract or obligation.

K. LOWEST RESPONSIVE AND RESPONSIBLE BIDDER: A bidder who offers the lowest cost for the goods or services listed in the bid; and whose proposal responds to bid specifications in all material respects and contains no irregularities or deviations from the specifications which would affect the amount of the bid or otherwise give them a competitive advantage; and whose experience, financial condition, conduct and performance on previous contracts, facilities, management skills evidences their ability to execute the contract properly.

L. MBE OR EDGE CERTIFIED: MBE means Minority Business Enterprise and EDGE means Encouraging Diversity, Growth and Equity.

M. ORDER: A copy of a contract or a statement of the nature of a contemplated expenditure, a description of the goods to be purchased or services to be performed, other than services performed by officers and regular employees of the state, and per diem of the national guard, and the total sum of the expenditure to be made therefor, if the sum is fixed and ascertained, otherwise the estimated sum thereof, and an authorization to pay for the contemplated expenditure, signed by the person instructed and authorized to pay upon receipt of a proper invoice.

N. PRIME VENDOR/CONTRACTOR: The vendor who, upon being awarded a contract, becomes the prime vendor who is the primary source for providing the goods or services listed in the awarded Contract and the party to whom payment will be made upon delivery of the goods and/or completion of the Contract.

O. PROCUREMENT/CONTRACT/AGREEMENT: All documents, whether attached or incorporated by reference, utilized for soliciting bids. Upon completion of the evaluation and award of the bidder’s response, the procurement becomes the contract between ODOT and the successful bidder, both governed by the laws of the state of Ohio.

P. PURCHASE: To buy, purchase, installment purchase, rent, lease, lease purchase, or otherwise acquire goods or services. "Purchase" also includes all functions that pertain to the obtaining of goods or services, including description of requirements, selection, and solicitation of sources, preparation, and award of contracts, all phases of contract administration, receipt and acceptance of the goods and services, and financial consideration for the goods and services by either a state agency or a third party.

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

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

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

T. 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.

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

V. STATE DATA: All data and information provided by, created by, created for, or related to the activities of the State and any information from, to, or related to all persons that conduct business or personal activities with the State, including, but not limited to Confidential Data. All State Data is and will remain the property of ODOT and, unless specifically provided otherwise in the Contract, Contractor acquires no right, title, or interest in or to State Data.

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

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

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

Confidential Data includes, but is not limited to:

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

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

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

4. Criminal Justice Information (CJI) under the Federal Bureau of Investigation’s Criminal Justice Information Services (CJIS) Security Policy and the Law Enforcement Automated Data System (LEADS) Policy; and

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

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

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

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

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

II. QUOTE/BID RESPONSE REQUIREMENTS

A. INFORMATION REQUESTED: Vendors shall furnish all information as requested in the solicitation. At the discretion of the Director, additional information necessary for evaluation of the quote/bid response may be attached to the solicitation and shall be properly identified as being part of the quote/bid response. ODOT reserves the right to request literature, or other documentation for clarification, although such may not have been set forth in the RFQ/bid response. Vendors must provide documentation from the manufacturer as part of the quote/bid response that they are an authorized dealer/distributor of the goods, products or services being purchased. ODOT also reserves the right to require a Vendor to be a registered supplier with the State of Ohio through the OhioPays Portal. Failure to provide the required information or complete supplier registration with the State of Ohio within seven business days of the award may render the quote/bid response invalid. Vendor shall comply with the Ohio Secretary of State’s registration requirements for domestic and foreign corporations and limited liability corporations. If a Vendor that is a foreign corporation or foreign limited liability company intends to assert an exemption as described in Section 1703.02 or Section 1706.512 of the Ohio Revised Code, a Vendor shall provide sufficient documentation that demonstrates exemption from the requirement to register with the Ohio Secretary of State’s office within seven business days of the award. Failure to do so to the satisfaction of ODOT may render the quote/bid response invalid.

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

C. SPECIFICATIONS: ODOT is authorized to prepare specifications to obtain goods, products, and services. The purpose of the specification is to describe the goods, products, or services to be purchased and will serve as a basis for comparison of quotes/bid responses. The Department may use any form of specification it determines to be in the best interest of the State and that best describes the goods, products, or services to be purchased.

Specifications may be in the form of a design or performance specification, or a combination thereof. If the Department determines that a design, performance, or combination specification is not in the best interest of the State, it may use a brand name or equal specifications.

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

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

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

For solicitations involving multiple items, the award shall be made on the basis of the total cost of all items combined, unless the RFQ/bid solicitation explicitly states that awards may be made on an individual line-item basis or by group. Vendors must ensure that unit prices are accurately provided for all items; the use of ditto marks, arrows, or other markings in lieu of entering actual unit prices may result in the offer being deemed non-responsive. Lot prices entered in the unit price area shall be considered as the unit price unless clearly labeled otherwise.

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

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

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

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

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

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

2. Evidence of collusion among Vendors.

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

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

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

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

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

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

III. REGULATORY CONTRACT REQUIREMENTS

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

B. APPROPRIATION OF FUNDS. Pursuant to Article II, Section 22 of the Ohio Constitution, ODOT’s funds are contingent upon the availability of lawful appropriations.