ITB 226 OVERHEAD DOOR SERVICES

REQUIREMENTS/SPECIFICATIONS

Section 1: Intent

The purpose of this invitation is to establish contract pricing for the service, maintenance, repair/emergency repair and replacement of overhead door systems and their associated components at various ODOT locations in all twelve (12) ODOT Districts and Central Office in accordance with these specifications and ODOT’s standard terms and conditions contained herein with vendors within a reasonable geographical region of the District requesting service.

Section 2: Contract Duration

The effective duration of this agreement shall be from January 1, 2026, through December 31, 2027, with one (1) optional one (1) year renewal that could extend the end date to no later than December 31, 2028.

Section 3: Multiple Award

ODOT will accept all responsive and responsible bids submitted on or before the specified bid opening date and make an award to all responsive and responsible bidders pursuant to O.R.C. 5513.02. Vendors should only bid on Districts within their geographical region where they can provide service in accordance with Section 7: Labor of these specifications.

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

Vendors are advised that ODOT is now conducting contracts through the Ohio Buys system. Prospective bidders are required to complete the necessary steps in Ohio Buys before they will be permitted to bid on this invitation. Vendors can find additional information on Ohio Buys at the link below:

OhioBuys Overview | State of Ohio Procurement

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: 240-26 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.

https://procure.ohio.gov/state-and-local-agencies/resources/ohiobuys-overview https://ohiopays.ohio.gov/

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Section 4: Site Conditions

Submission of this bid shall indicate that the vendor is familiar with existing conditions and equipment at

ODOT facilities. If you need to familiarize your company with current site conditions and equipment covered by this invitation, contact the appropriate District Facilities Program Administrator or their designated representative, between the hours of 7:00 AM and 4:00 PM Monday thru Friday, excluding

State holidays to schedule a site visit.

District Address Contact Email Telephone

1885 N. McCullough St.

Lima, OH 45801 Tony Lotz tony.lotz@dot.ohio.gov 419-999-6791

317 E. Poe Rd. Bowling

Green, OH 43402

Greg

Strausbaugh gregory.strausbaugh@dot.ohio.gov 419-373-4310

906 Clark Ave. Ashland, OH

44805 Dick Feldkamp richard.feldkamp@dot.ohio.gov 419-207-7122

2088 S. Arlington Rd. Akron, OH 44805

Nathan Crozier nathan.crozier@dot.ohio.gov 330-786-2238

9600 Jacksontown Rd.

Jacksontown, OH 43030 Hank Pillsbury robert.pillsbury@dot.ohio.gov 740-323-5150

400 E. William St. Delaware, OH 43015

Mark Nichols mark.nichols@dot.ohio.gov 740-833-8232

1001 St. Mary's Ave. Sidney, OH 45365

Ryan Orseno ryan.orseno@dot.ohio.gov 937-497-6730

505 S. SR 741, Lebanon, OH

45036

Bob

Montgomery bob.montgomery@dot.ohio.gov 513-933-6539

650 Eastern Ave. Chillicothe, OH 45601

Ed Cox edward.cox@dot.ohio.gov 740-774-8917

338 Muskingum Dr.

Marietta, OH 45750 Tim Marty timothy.marty@dot.ohio.gov 740-568-3924

2201 Reiser Ave. SE New

Philadelphia, OH 44663

Shannon

Blocker shannon.blocker@dot.ohio.gov 330-308-3910

5500 Transportation Blvd.

Garfield Heights, OH 44125 Tom Vanek thomas.vanek@dot.ohio.gov 216-584-2040

CO

1980 W. Broad St. Columbus, OH 43223

Charlie Stewart charles.stewart@dot.ohio.gov 614-387-3093

Section 5: General Requirements

• Proper overhead door operation is essential to a core function of ODOT; therefore, downtime must be kept to a minimum. See Section 7: Labor, 7.1.1.1 and 7.1.2.1 for normal and emergency response times.

• The awarded vendor(s) will be required to maintain a file of all maintenance work performed for the life of the contract. The owners are to have a copy of the work performed immediately upon completion, for their records. The description of the work performed, or items checked shall have enough detail to meet compliance requirements and allow the owner to maintain an accurate record of maintenance.

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• The contractor shall be responsible for any act or neglect of their employees when performing work under this contract. The contractor’s employees shall observe the rules and regulations of the facility when engaged in work under this contract on the facility’s premises and those adjacent private or public properties.

• The vendor shall bring all tools, chemicals, and materials, etc., with them to each service call and take all items with them when finished. No on-site storage shall be provided by ODOT.

• All work shall be performed as to not interfere with building operation or such interference is kept to a minimum. The vendor shall leave all areas neat and clean when finished.

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

• All vendors must have enough properly trained employees on active payroll and an adequate number of supervisory personnel to guarantee satisfactory performance of this contract. All work must be performed by trained and competent personnel qualified to perform the services contained herein.

These personnel must be under the guidance of a supervisor that is a direct employee of the Vendor.

The vendor shall be regularly engaged in the business of providing the services described herein.

• Upon completion of services, the contractor’s team shall leave the systems in satisfactory operation; if not in operation, the team shall contact the appropriate District Facilities Program Administrator or their designated representative and state why the system is inoperative, and what must be done to put into satisfactory operation.

• It shall be understood that, from time to time sites may be opened or closed during the life of the contract. Any potential changes in service locations and revised pricing, where applicable, shall be mutually agreed upon by the District Facilities Program Administrator or their designated representative, the awarded vendor and the Department and shall be included in or removed from the contract.

• Communication must be maintained between all parties in a continual, prompt, and respectful manner during the entirety of the effective duration of the resulting contract.

• Removal and proper disposal of all material, including, but not limited to, oil, fluids, and any solids, shall be the responsibility of the vendor and must be done in compliance with all State laws and regulations.

When necessary, the vendor will be required to provide a manifest to show oils and fluids were disposed of in accordance to State requirements.

• 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.

• In accordance with OSHA 29 CFR 1910.1200 Hazard Communication Standard a chemical inventory listing all products used, manufacturers name, and copies of Material Safety Data Sheets/Safety Data

Sheets (MSDS/SDS) used in performing work outlined in these specifications shall be maintained by the vendor and available when work is being performed. In case of an emergency both the inventory and

MSDS/SDS must be readily accessible. All chemical product containers must be properly labeled.

• The Vendor shall always provide and utilize Personal Protective Equipment (PPE) for their employees as appropriate. PPE includes but is not limited to substantial footwear, eye and face protection, hearing protection, and gloves.

• All vendor personnel working in or around buildings designated for service under this contract are required to wear distinctive clothing/uniforms. Employees of the vendor shall wear at least one clothing item with the vendor name and/or other identifying wording to provide their identification to anyone entering facilities or properties where they are providing services pursuant to these specifications.

• The awarded vendor(s) shall remove all rubbish, replaced materials and supplies and packaging materials regularly and at the completion of their work to ensure neat and tidy housekeeping conditions.

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Section 6: Scope of Service

6.1: On Demand and Emergency Service and Repairs

Vendors shall perform service, maintenance, repair and emergency repair based on the bid labor rates for the systems covered by this contract at the requested site(s) when contacted by the District Facilities

Program Administrator or their designated representative.

6.2: Additional Quoted Services and/or Replacement System Projects

If the District Facilities Program Administrator or their designated representative determines that additional services or replacement systems are to be purchased and installed, the awarded vendor(s) shall perform a site visit within five (5) working days (excluding state observed holidays) or at a mutually agreeable time beyond the five (5) working days requirement, after being contacted by the District

Facilities Program Administrator or their designated representative at the project site to discuss and define the scope of work for the requested project.

6.2.1: Presentation of Services/Project 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 in the excel pricing spreadsheet. The plan shall include the items listed below:

• Estimated material list

• 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 and number of hours proposed

• Construction drawings and specifications when required by the appropriate District Facilities

Department and/or if required for permits by the authority having jurisdiction

• Required building permits and associated fees

6.2.2: Acceptance of Services/Project and Commencement of Work

Upon written acceptance of additional quoted services plan by the District Facilities Program

Administrator or their designated representative, the District will provide the vendor with a purchase order that is directly associated with the additional quoted services as soon as possible. Once the vendor is in receipt of the purchase order, they will commence work in accordance with the additional quoted services plan.

The awarded vendor shall not commence work without written prior approval of the additional quoted services plan and vendor receipt of purchase order, or as directed by the District Facilities Program

Administrator or their designated representative. Non-contract work performed without the approval of

ODOT will be at the vendors’ expense.

6.3: Reporting Requirements

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The awarded vendor shall leave a copy of the signed service ticket at each site for each day services are provided. The service ticket shall detail the time on site, the unit serviced with a detailed description of the reason for the visit and actions taken during the visit.

Following completion of each visit, the contractor’s team shall review with the District Facilities Program

Administrator or their designated representative, the details of the work just completed and the condition of the system, plus any recommendations for necessary repairs or improvements to the system.

Quotations for recommended repairs shall be sent to the District Facilities Program Administrator within five (5) days of the ODOT request in accordance with Section 7.2 above.

6.4: 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 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.

6.5: Removal of Equipment from Service

If any system component must be removed from service during normal work hours, the awarded vendor’s technician must coordinate the removal from service with the District Facilities Program Administrator or their designated representative. The technician shall post signage on the unit and isolate the power supply to the equipment with their own lockout/tag out device in accordance with OSHA standard

1910.147.

6.6: Equipment

The awarded vendor shall send necessary equipment (lifts, bucket trucks, etc.) sufficiently capable of completing repairs to door systems in one (1) trip whenever possible.

6.6.1: Vendor Owned Equipment

All vendor owned equipment larger than typical hand tools utilized in the execution of this contract will be paid by the Department at the appropriate vendor provided rate listed on the Vendor Owned

Equipment tab of the pricing spreadsheet. All rates shall include the equipment use and any mobilization fee. Labor expenses for the operation of vendor owned equipment shall be itemized and paid based on the hourly rates bid for labor.

6.6.2: Rental Equipment

All rental equipment utilized in the execution of this contract 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 invoice or approved project plan. The vendor shall include with its invoice the original rental equipment invoice for verification of costs.

6.7: Mobilization/Service Call Fees

Vendor(s) may submit pricing by District for and charge a mobilization/service call fee for On Demand and Emergency Service and Repairs for a single repair event. This means, if multiple trips are required to the site for a single repair, only one mobilization/service call fee may be charged per site.

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6.8: Materials and Supplies

All materials and supplies shall be specifically designed for the use. The Vendor shall utilize all replacement materials and supplies from manufacturers whose materials and supplies are equal to or better than the original equipment manufacturer (OEM) components whenever possible. All materials and supplies must be installed according to manufacturer’s specifications and recognized practices. The use of reconditioned materials and supplies shall not be permitted under any circumstances unless OEM components are no longer available.

Vendors must maintain enough inventory of materials and supplies in stock including materials and supplies of the latest technology to meet the normal and emergency requirements of this contract.

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 materials and supplies 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 materials and supplies, the vendor shall include with its invoice the vendors’ original invoice and the Department will pay for the materials and supplies including the costs noted above, where applicable, plus the vendor specified markup not to exceed 15%. If the vendor had acquired in the materials and supplies in bulk or through a prior purchase and had the materials and supplies in stock and an invoice is not readily available, the vendor should use its best estimate for the value of the materials and supplies plus the vendor specified markup not to exceed 15%. All invoices and charges are subject to ODOT audit at any time.

Section 7: Labor

7.1: Labor Rates

Quoted labor rates will be paid for technician(s) time on the job. Hourly service rates will begin when the vendor’s technician signs in at the facility.

At no time throughout the duration of the contract awarded pursuant to this invitation will the

Department pay for any of the following items for equipment or personnel:

• Hourly travel rates of any kind

• Mileage fees of any kind

No overtime charges will be paid without prior approval of the District Facilities Program Administrator or their designated representative.

Labor types and descriptions listed below categorize each service type and their respective requirements.

7.1.1: Standard and Scheduled Service

Standard and Scheduled Service shall be considered any on demand service and/or repairs, scheduled service and repairs and deliveries that are performed between the hours of 7:00 AM and 4:00 PM, Monday through Friday, excluding state holidays.

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7.1.1.1: Standard and Scheduled Service Response Time

Vendor shall respond to a call for service from the District Facilities Program Administrator or their designated representative within four (4) hours from the first telephone, e-mail or fax request. Scheduling of this labor shall be by mutual agreement of the District Facilities Program Administrator or their designated representative and the awarded vendor designated representative.

7.1.2: Emergency Service

Emergency service shall be considered any unscheduled work that is provided by the vendor during normal working hours or after normal working hours upon notification by the District Facilities Program

Administrator or their designated representative. Any situation that results in non-operational equipment for a site that could endanger the occupants or subject the facility to damage shall be considered an

“Emergency” by ODOT as directed by the District Facilities Program Administrator or their designated representative.

After Hours Emergency Service performed between the hours of 4:00 PM and 7:00 AM Monday through

Friday and twenty four (24) hours per day on Saturdays, Sundays and state holidays shall be paid at the

After Hours Overtime/Emergency labor rate(s) listed in the pricing documents. No overtime charges will be approved for payment without prior approval of the District Facilities Program Administrator or their designated representative.

The hourly charges, as quoted by the contractor, shall include all labor costs related to providing emergency service.

7.1.2.1: Emergency Service Response Time

Emergency service shall consist of having the contractor’s certified technician arrive at the applicable

ODOT Facility within two (2) hours after notification by the District Facilities Program Administrator or their designated representative that emergency service is needed from the first telephone, e-mail or fax request. The contactor must be capable of responding at any time of the day or night upon notification by telephone that a situation exists, or emergency has occurred. The contractor must have adequate personnel available to provide emergency services twenty-four (24) hours per day, three hundred sixty-five (365) days per year. Emergency service performed between the hours of 7:00 AM and 4:00 PM, Monday through Friday, excluding state holidays shall be paid at the Standard and Scheduled Service rate(s) listed in the pricing documents.

7.1.3: Additional Quoted Service

7.1.3.1: Replacement Equipment Projects

Replacement equipment projects shall be considered pre-planned, scoped and quoted projects performed in accordance with the approved additional quoted services plan. All replacement equipment projects shall be performed between the hours of 7:00 AM and 4:00 PM, Monday through Friday, excluding state holidays, unless special permission is granted in advance by the District Facilities Program

Administrator or their designated representative to temporarily waive this requirement.

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 Program Administrator or their designated representative on a procedure for the Vendor’s maintenance personnel to follow when entering or leaving the District facilities.

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7.3: Standard Wage Rates

Work performed in conjunction with this contract 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.

7.4: 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 of 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 of 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%

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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.

7.5: 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 8: Subcontracting

The awarded vendor(s) shall perform work amounting to not less than fifty (50) percent of the total contract price 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 vendor. The phrase does not include employees or equipment of a subcontractor, assignee, or agent of the vendor.

The vendor’s percentage of the total contract price includes the cost of materials, supplies and manufactured products purchased by the vendor, but not the cost of materials, supplies and manufactured products purchased by subcontractors.

Vendor shall not subcontract any of the work covered by the contract unless specifically authorized to do so by ODOT. All prior approved 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 mailto:Gary.Kramer@dot.ohio.gov mailto:Teresa.Vannoy@dot.ohio.gov mailto:Thomas.Yanka@dot.ohio.gov

Rev. 05/27/2025 10 subcontractors follow all laws, rules, safety procedures and ODOT expectations as though they were the contractor.

Section 9: Permits

Any permits required for work executed in accordance with this contract by the appropriate Authority

Having Jurisdiction shall be obtained by the vendor and will be reimbursed by the Department at cost.

The awarded vendor shall be wholly responsible for interpreting the permitting requirements for work executed in accordance with this contract. If an awarded vendor fails to obtain the required permits for any work executed in accordance with this contract 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. Invoices for permits from the authority having jurisdiction shall be provided with the vendor invoice so the Department can confirm the actual costs for required permits.

Section 10: Vendor References

Each bidder must have a minimum of five (5) years’ experience in performing the services required by this contract. Therefore, each bidder shall provide upon request, the name, email address, organization, address and telephone number of at least three (3) references with whom they have provided like services to for at least five (5) years.

It is a requirement of the contract that the vendor and its employees must have performed like services required by this contract in order to be considered a responsible bidder

Section 11: Invoicing Requirements

All work performed in conjunction with this contract shall be subject to the invoicing requirements contained herein.

To ensure timely invoice processing, the vendor shall submit an original, proper invoice by standard mail or electronically to the office designated on the purchase order as the “bill to” address for work paid by purchase order. If payment is made by purchasing card, the vendor shall submit an original, proper invoice by standard mail or electronically to the appropriate District contact listed in Section 5 above of these specifications. To be a proper invoice, the invoice must include the following information:

• Vendor name, address and contact information

• The ODOT purchase order number authorizing the delivery of products and/or services

• Contract number pursuant to the deliverable

• A description of what the Vendor delivered, including, as applicable, the time, serial number, unit price, quantity, and total price of the products and/or services

• Detailed breakdown of the hourly rate charged, and the actual hours worked for each labor type/discipline

• Detailed breakdown of the material and supply costs as required above in these specifications

• When permitted by these specifications, detailed breakdown of the mobilization fee, hourly rate charged, and the actual hours worked for each listed vendor owned equipment item

• Backup documentation as required in these specifications shall include, but not be limited to the following where applicable:

o Copy of the original proposal for project o Service reports for all labor involved o Copies of vendor original invoices for materials and supplies as required above in these specifications

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Vendors shall not charge for any items outside of the contract including but not limited to shop supplies, materials, mileage and drive time. The Department will not pay any additional charges for such items.

Section 12: 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 13: Public Liability Insurance

The bidder shall furnish with their bid, proof 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 of cancellation becomes effective. All insurance policies shall be through insurance companies licensed to conduct business in the State.

Section 14: Pricing

Vendors may bid on a single district or multiple districts. Vendors may also bid on specific counties within adjacent Districts when they desire to perform work in adjacent counties of another District without having to bid on the whole District.

Where vendors have regional offices throughout the state and they desire to bid on multiple districts, a single bid packet from the vendor for all districts being bid is required.

Vendors shall submit pricing F.O.B. the locations provided, all in accordance per the specifications, terms and conditions. Pricing shall be guaranteed firm for the contract duration.

• Overall Pricing Tab o Optional mobilization/service call fee per single repair event o Vendor identified Markup on vendor supplied materials and supplies (not to exceed 15%)

• Pricing Tab o Submit hourly Rates for Districts and Counties where you can provide services

▪ Standard and Scheduled Labor Rate for Mechanic

▪ Standard and Scheduled Labor Rate for Helper

▪ After Hours Overtime/Emergency Labor Rate for Mechanic

▪ After Hours Overtime/Emergency Labor Rate for Helper

• Vendor Owned Equipment Tab o List the Hourly, Daily and Weekly Rates for Vendor Owned Equipment by District and/or

County

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STANDARD TERMS & CONDITIONS

I. GLOSSARY

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

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

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

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

D. BIDDER: The company and/or authorized representative of the company who has signed and is submitting a bid response and who will be responsible for ensuring proper performance of the contract awarded pursuant to the bid.

The term bidder, proposer, contractor, supplier, or vendor may be used interchangeably in this document.

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

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

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

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

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

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

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

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

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

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

O. PURCHASE: To buy, purchase, installment purchase, rent, lease, lease purchase, or otherwise acquire goods

Rev. 05/27/2025 15 or services. "Purchase" also includes all functions that pertain to the obtaining of goods or services, including description of requirements, selection, and solicitation of sources, preparation, and award of contracts, all phases of contract administration, receipt and acceptance of the goods and services, and financial consideration for the goods and services by either a state agency or a third party.

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

Q. REQUEST FOR QUOTE (RFQ)/INVITATION TO BID (ITB)/COMPETITIVE

SEALED BIDDING: A solicitation for goods, products, or services in which ODOT invites vendors to submit price quotes/bid responses for the supply of such goods, products, or services.

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

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

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

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

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

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

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

Confidential Data includes, but is not limited to:

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

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

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

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

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

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

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

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

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

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

II. QUOTE/BID RESPONSE REQUIREMENTS

A. INFORMATION REQUESTED: Vendors shall furnish all information as requested in the solicitation. At the discretion of the Director, additional information, necessary for evaluation of the quote/bid response may be attached to the solicitation and shall be properly identified as being part of the quote/bid response. ODOT reserves the right to request literature, or other documentation for clarification, although such may not have been set forth in the RFQ/bid response.

ODOT also reserves the right to require a Vendor to be a registered supplier with the State of Ohio through the OhioPays Portal. Failure to provide the required information or complete supplier registration with the State of Ohio within seven business days of the award may render the quote/bid response invalid.

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

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

Where a brand name or equal specification is used, use of brand name is for the purpose of describing the base standard of quality, performance and characteristics desired only and is not intended to limit or restrict competition.

Substantially equivalent supplies or services to those designated will be considered for award.

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

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

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

Rev. 05/27/2025 18 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.