INVITATION TO BID. State of Ohio, Department of Transportation Office of Contract Sales, Purchasing Services Jerry Wray, Director

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1 Invitation No.: Location: All Districts Commodity: Annual Emergency Power Generator Inspection, Testing, Preventative Maintenance and Repair Services Pricing: INVITATION TO BID State of Ohio, Department of Transportation Office of Contract Sales, Purchasing Services Jerry Wray, Director Opening Date: 4/30/2015 Time: 11:00 a.m. DO NOT SUBMIT MORE THAN ONE BID PROPOSAL FOR EACH BID Company Name: Federal Tax ID No.: NAME AND ADDRESS INFORMATION MUST APPEAR BELOW Submitted by: Physical/Mailing Address: Remit to Payment Address: Street Address: P.O. Box: City: St: Zip: Contact Person and Phone Number: (authorized to answer questions about your company s bid) Address (required): (person who filled out bid) Address (required): (for notification of future bid opportunities) Telephone Number 800 Number Fax Number Return To: Ohio Department of Transportation Purchasing Services, Mail Stop West Broad St. Columbus, OH Purchasing Coordinator: Jim Schurch Address: jim.schurch@dot.state.oh.us Telephone: (614) or (800)

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3 TABLE OF CONTENTS REQUIREMENTS/SPECIFICATIONS... 4 PRICING SECTION INSTRUCTIONS, TERMS AND CONDITIONS FOR BIDDING GENERAL DEFINITIONS STANDARD TERMS AND CONDITIONS DISTRICT MAP SIGNATURE PAGE APPENDICES

4 ITB 112 EMERGENCY BACKUP GENERATOR MAINTENANCE AND SERVICE 04/14/2015 REQUIREMENTS/SPECIFICATIONS Section 1: Intent The purpose of this request is to establish pricing for the inspection, testing, preventive maintenance and repair services for the emergency power generators and associated systems owned by the State of Ohio, Department of Transportation including all ODOT Districts in accordance with the applicable generator manufacturer's recommendations and as specified herein. Vendor shall furnish all labor, equipment, materials, and incidental items necessary to perform the requested services. Section 2: Contract Term The duration of this agreement shall be from the Date of Award through April 30, Section 3: Split Award This invitation to bid shall be awarded to the vendor providing the lowest responsive and responsible bid by individual ODOT District (and Central Office/Aviation). The lowest bid will be determined by adding together the annual inspection cost of all generators and the optional three (3) hour load bank test cost of all generators within a single ODOT District (and Central Office/Aviation). Failure to bid on all equipment within an individual district will be just cause for the vendor s bid to be considered non-responsive for that individual district only. Vendors should only bid on districts within their physical region where they can provide service at competitive prices. 3.1 Multiple Award Generator rental pricing shall be awarded as a multiple award. 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

5 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 generators, contact the appropriate District Facilities Manager listed below between the hours of 8:00 A.M. and 3:00 P.M. Monday thru Friday, excluding State holidays. District Address Contact Telephone N. McCullough, Lima, Ohio Tony Lotz E. Poe Rd., Bowling Green, OH Greg Strasbaugh Clark Ave., Ashland, OH Dick Feldkamp S. Arlington Rd., Akron, Ohio Nathan Crozier Jacksontown Road, P.O. Box 306 Jacksontown, Ohio Bob Roahrig East William St., Delaware, Ohio Karl Newman St. Mary's Ave, Sidney, Ohio Chad Haning South SR 741, Lebanon, OH John Burnie Eastern Avenue, Chillicothe, Ohio Shaun Bennett Muskingum Drive, Marietta, Ohio Rich Oster Reiser Ave SE, New Philadelphia, Ohio Steve Limbacher Transportation Boulevard Garfield Heights, Ohio Tom Vanek CO 1980 West Broad Street, Columbus, OH Todd Efkeman AV 2829 W. Dublin Granville Road, Columbus, OH Robin Dersoon Section 5: General Requirements Proper emergency backup generator operation is essential to a core function of ODOT; therefore, downtime must be kept to a minimum. See Section 8: Labor, 8.1 and 8.2 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 be in sufficient detail to meet compliance requirements and allow the owner to maintain an accurate record of maintenance. It shall be understood that, from time to time: Equipment may be updated or removed at the discretion of the Department or by regulatory requirement 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 Maintenance Supervisor or their designated representative, the awarded vendor and the Department and shall be included in or removed from the contract. Sites listed in red in the pricing spreadsheets are newly constructed sites where we do not have specific unit information. All work must be performed in compliance with the Occupational Safety and Health Act and any revisions thereto. Any citations issued by OSHA shall be the responsibility of the Vendor. Before repairs are made or parts are replaced, the vendor must submit to ODOT a written estimate to be approved in writing by ODOT. 5

6 Section 6: Outside Scope of Work Any work outside the scope of service of these specifications found to be necessary for the safety, operation and/or regulatory compliance of the systems and associated components of this contract shall be brought to the attention of the District Facilities Maintenance Supervisor or their designated representative immediately. The vendor shall submit a proposal explicitly detailing the work required and individually listing the labor, materials and other charges or items necessary to perform the work in accordance with these specifications. The properly formatted proposal shall then constitute a quote for the performance of the work. An approved quote for work shall be paid by approved methods and timeframes after receipt of a properly formatted invoice. Written approval must be given by ODOT prior to repairs being made. Non-contract work performed without the approval of ODOT will be at the vendors expense. The Department reserves the right to the following without affecting the terms and conditions of this contract: Perform any work not covered by this contract with Department personnel Place any work not covered by this contract out for bid Section 7: Scope of Service The contractor shall perform the inspection, non-load testing, full-load testing when selected and preventive maintenance service of the generators and associated systems at the ODOT locations on an annual scheduled basis as specified herein and in accordance with any and all manufacturer recommendations during the term of this contract. Any inspections required to comply with State and Federal regulations in effect during the contract period must be included in the bid price. 7.1: Annual Inspection Check coolants levels. Analyze coolant for proper antifreeze percentages and adjust accordingly. Inspect cooling system hoses. Tighten hose clamps as needed. Replace fuel filters. Clean air cleaner. Service belts as required. Check engine heater operation. Drain exhaust line. Check battery charger operation and charge rate. Check battery electrolyte levels and specific gravity. Check generator output voltage and adjust as necessary. Emergency system operation with load transfer. Emergency system operation without load transfer. Frequency check / governor adjustment. Check Transfer switch and accessory operation. Check engine alternator charge rates. Check engine and generator gauge and indicator operation. Check generator set controller operation including shut-down functions and emergency stop. Lube, oil and filter change. Engine tune-up with parts. 7.2: Load Bank Testing Optional three hour external resistive load bank test: (one hour at 50%, one hour at 75%, one hour at 100%). 6

7 7.3: Reporting Requirements Following completion of each inspection, the contractor s team shall review with the Facility Manager s designee, 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 Office of Facilities Management within ten (10) days from the ODOT request. Vendor must submit to the ODOT Facility manager or their designee a written report covering the inspection, testing and any repairs made within thirty (30) days of inspection and testing. The report will include all call backs and the corrective actions taken and will detail why specific repairs were needed. The report will include the dates of inspection, testing and repairs, the labor and materials used, the generator serviced ID Number (example: GEN-D1-XX), model number, serial number and location. 7.4: 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, 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. 7.5: Removal of Generator from Service If any generator must be removed from service during normal work hours, the awarded vendor s technician must coordinate the removal from service with the Facility Manager or designated representative. The technician shall post signage on the unit and isolate the power supply to the equipment with their own lockout/tagout device in accordance with OSHA standard : Equipment 7.7: Parts Generators at ODOT facilities are of various sizes, manufacturers, designs, types and installations. They include many common manufacturers. All replacement parts shall be specifically designed for the use. The Vendor shall utilize all replacement parts from manufacturers whose parts are equal to or better than the original equipment manufacturer (OEM) components of the lifting system. All parts must be installed according to manufacturer s specifications. All parts and component replacements shall be made with new parts or components like in kind to the original and in no case less than equal in quality. The use of reconditioned parts or components shall not be permitted under any circumstances. The Department acknowledges that vendors utilize thousands of parts that may vary between suppliers and manufacturers depending on the individual repair needs for each repair event. Therefore, all parts vendors provide shall be considered on contract. The Department will pay the awarded vendor the actual cost for all parts 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 The shipping cost charged by the manufacturer or supplier to get the part to the vendor s location The shipping cost incurred by the vendor to direct ship the part to the ODOT location 7

8 For all parts costing more than one hundred ($100) dollars, 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%. For parts costing less than one hundred ($100) dollars that have been taken from vendor stock, the vendor shall not be required to include the vendor s original invoice for the part. The Department will pay for the part at the quoted cost, plus the vendor specified markup not to exceed 15% : Stocked Inventory of Parts The awarded vendor shall maintain a sufficient parts inventory in stock including parts of the latest technology to meet the normal and emergency requirements of this contract. Section 8: Labor 8.1: Normal and Scheduled Service (Annual Inspections and Testing) All non-emergency work and deliveries shall be made 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 Facility Manager to temporarily waive this requirement. Vendor shall respond to a call from the District Facility Manager or designated representative within twenty four (24) hours from the first telephone, or fax request. The contractor shall notify the appropriate District Facility Manager or designated representative not less than two (2) days prior to the inspection at each location. Mileage will not be paid for normal and scheduled service. 8.2: 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 ODOT facility. 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 ODOT facility from the first telephone, or fax request. Any situation that results in non-operational power generator will be considered an Emergency by ODOT. Emergency service shall be charged as an additional cost item at the rate quoted in the ITB. Bidders shall indicate the hourly cost for this service during normal working hours on weekdays, after normal working hours or on weekends or holidays and the mileage charge (one-way) for service. The hourly charges, as quoted by the contractor, shall include all labor costs related to providing the emergency service. The contactor must be capable of responding at any time of the day or night upon notification by telephone that a situation exists where a shut-down 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. If the awarded vendor has made arrangements to meet ODOT personnel at a locked location, the vendor shall be compensated for labor beginning at the agreed upon meeting time, should ODOT personnel not arrive at the agreed upon meeting time. 8.3: 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 designated representative on a procedure for the Vendor s maintenance personnel to follow when entering or leaving the District facilities. The Vendor s personnel shall leave a copy of the work/service ticket with the District Facilities Maintenance Supervisor or designated representative which identifies repairs or maintenance performed for the visit. 8

9 The sign in and sign out records will be used in the verification process for approval of any invoices for payment. 8.4: Labor Rates Quoted labor rates will be paid for technician(s) time on the job. Technicians will sign in and out at the location. Overtime rates must be pre-authorized by the District Facilities Maintenance Supervisor or their designated representative, and will be paid for emergency work between the hours of 4:00 PM and 7:30 AM. Travel time will not be charged as hourly rates. If travel reimbursement is desired, bidders may quote a standard flat-rate trip charge on repair work only. 8.5: General Requirements Contractor s work teams used for this contract shall consist of one or more certified technicians. The contractor should make every effort to ensure that Technician s site assignments remain constant during the life of the contract. For this contract, the awarded vendor must employ trained, experienced and certified generator service technicians. The awarded vendor must only assign Technicians to this contract that have a minimum of three (3) years experience in the inspection, testing and maintenance of generators. Inspections, testing, and maintenance service of the generators shall be performed annually, and shall be in accordance with the generator manufacturer s recommendations. Elapsed time between scheduled annual service visits at each facility or remote site shall be within a one (1) month period of the twelve (12) month scheduled visit. Deviation from this schedule may be cause for cancellation of this contract with the affected facilities if the deviations did not receive written pre-approval from the Department. The contractor shall determine in what order the Preventive Maintenance Schedule will be completed for each generator. 8.6: Contract Cancellation Irrespective of section twenty seven (27) of the Standard Terms and Conditions, if the contract is not completed within the referenced time frame for emergency response, the Department may cancel the contract by giving ten (10) days prior written notice of intent to cancel to the vendor. Section 9: Housekeeping The awarded vendor(s) shall maintain good housekeeping conditions at all times. Section 10: Subcontracting The awarded bidder(s) will perform work amounting to not less than one hundred (100) percent of the 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 and manufactured products purchased by the vendor, but not the cost of materials 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. Any authorized 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. Vendor 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 contracted vendor. 9

10 Installation of rental generator units by an electrical sub-contractor of the awarded vendor shall be exempt from the requirements of the first two paragraphs of this section, shall NOT require prior authorization and shall be billed to the Department at actual cost in accordance with paragraph 3 of this section. Section 11: Permits Any permits required by the authority having jurisdiction shall be obtained by the vendor, and will be reimbursed by the Department at cost. Section 12: Vendor References The bidder must have a minimum of five (5) years experience in maintaining and repairing generators and associated systems. Therefore, each bidder must submit with their bid, the name, 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. The references must be positive and address the overall ability of the vendor and its employees to maintain and repair generators and associated systems in order 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 maintaining and repairing generators and associated systems were performed. Section 13: Vendor Qualifications All work must be performed by trained and competent personnel qualified to inspect the safety, operation, adjustment and maintenance of the equipment. 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 OSHA compliant periodic inspections and testing, maintenance and repair/emergency repair to cranes and hoists as described herein. Section 14: Workmanship and Responsibility 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. Upon completion of an inspection, the contractor s team shall leave the systems in satisfactory operation; or, if not in operation, the team shall contact the appropriate District Facilities Maintenance Supervisor or their designated representative and state why the system is inoperative, and what must be done to put into satisfactory operation. The contactor shall guarantee his workmanship and material 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 on vehicle lift systems. In accordance with OSHA 29 CFR 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. Removal and proper disposal of all material, including, but not limited to, oil, fluids, and parts, shall be the responsibility of the vendor and must be done in compliance with all State laws and regulations. The vendor will be required to provide a manifest to show oils and fluids were disposed of in accordance to State requirements. 10

11 Section 15: Vendor Facilities Each vendor shall specify with their bid, on the Vendor Facilities tab, a list of facilities with address, telephone number and fax number that will service the sites listed in these specifications. The Vendor shall indicate with their pricing, the corresponding Facility # that will service the specific equipment listed. Section 16: Providing Rental Generator(s): In the event a rental generator(s) is/are required, the vendor will be required to provide a generator with as close as possible KW rating to the existing generator(s) within twenty-four (24) hours from the time of the ODOT request. Rental generators shall be self-contained units with on-board fuel sources and shall be delivered to the site with full fuel tanks or maximum fuel levels allowed by law. The department shall be responsible for refueling of the rental units and shall return all units with fuel tanks at the same capacity as they were received. The vendor will be required to deliver the rental generator and coordinate installation with the vendor s electrical contractor to the satisfaction of the Department and any applicable codes. Due to the varying installations and applications of generators around the state, installation cost for rental units IS NOT INCLUDED in the daily, weekly and monthly rental fees provided on the pricing pages. The awarded vendor shall comply with all provisions set forth in Section 10 above. The vendor will be required to ensure the unit is completely operational. The vendor will be required to provide all necessary instructions for operation to the appropriate ODOT designee. The Department will require a spare or rental generator be available if the main generator will be off-line during non-daylight hours for more than one (1) hour. This will include anytime from dusk to dawn, or, in the event of severe weather. Section 17: Billing Charges for Scheduled Service at all locations shall be the Flat Rate listed in the Price Schedule. The flat rate quoted by each bidder must include all labor and travel expenses associated with the inspection for all locations. Charges for all emergency services shall be billed at the hourly rate quoted. Two (2) copies of each invoice are to be sent to the Ohio Department of Transportation, at the address for each District Headquarters listed in Section 4. Vendors must provide on each invoice the vendor s Tax ID number, a description of the work performed, date(s) performed, the crane and/or hoist serviced model and serial number with location, the hourly rate charged and the actual hours worked for any invoice involving labor. For any invoice involving purchasing of a part, Vendors must provide the part name, the vendors original invoice with part cost, plus the vendor specified markup not to exceed 15%. 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 18: 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 the twenty percent (20%) of the amount invoiced or fifty dollars ($50.00), whichever is less. Section 19: 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. 11

12 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 20: Pricing Vendors may bid on a single district or multiple districts. 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. Annual Inspection Cost Per Generator Optional Three (3) Hour Load Bank Test Cost Per Generator Normal Hours Emergency Service Labor Rate for Mechanic After Hours Emergency Service Labor Rate for Mechanic Emergency Service one way mileage rate (per mile) Markup on vendor supplied parts (not to exceed 15%) Daily, weekly and monthly rental fee including delivery and pick up charges for generators of various sizes as required in section 17 of these specifications. A trip charge (optional) may be bid per site for a single repair event. This means, if multiple trips are required to the site for a single repair, only one trip charge will be paid. No overtime charges will be approved without prior approval of the District Facilities Manager or designee. Hourly service rates will begin when the vendor s technician signs in at the facility. This charge shall not be assessed in addition to the periodic inspection and testing fee bid on the pricing documents. Repair service outside the scope of this contract is to be priced per hour for regular and overtime rates. All equipment is to be included in these rates. No overtime charges will be approved for payment without prior approval of the District Facilities Manager or designee. Hourly service rates will begin when the vendor s technician signs in at the facility. 12

13 Pricing Department Price Sheet Must be Submitted on a CD The Department shall not accept any Invitation to Bid that fails to include a compact disk (CD) with a completed price sheet from the Department s provided Microsoft Excel file. The Department will only accept and consider a price sheet that has been produced from the electronic completion of the Department s Microsoft Excel file which must be saved and submitted on a CD with the bid. Failure to submit a CD with a completed price sheet from the Department s Microsoft Excel file shall make the bid non-responsive. The CD shall be marked with the bidder s name and the Invitation to Bid number. The link for the price sheet from the Department s Microsoft Excel file is indicated on the front cover of this bid. A hard copy print out of the completed price sheet should also be included in the bid package. In the event there is a discrepancy between the information submitted on the CD and the hard copy price sheet submitted with the bid, the information on the CD will govern. 13

14 OHIO DEPARTMENT OF TRANSPORTATION OFFICE OF CONTRACT SALES PURCHASING SERVICES INSTRUCTIONS, TERMS AND CONDITIONS FOR BIDDING 1. The original bid response must be submitted in a sealed envelope (envelope means any type of sealed, opaque container) with the bid number clearly marked on the outside of the envelope. If bidder is using an Express Mail or similar type of service, the bid response must be contained in a sealed envelope within the Express mailer (the bid number must be listed on the exterior of the sealed envelope contained within the Express mailer). A bid that is not properly and clearly marked and is inadvertently opened, before the scheduled bid opening time, may be disqualified without additional consideration. 2. The original bid response (unless otherwise stated, hereinafter referred to as "bid") must be submitted to ODOT Purchasing on or prior to 11:00 a.m., on the scheduled day of opening as listed on the Invitation to Bid (ITB). Bids must be delivered to: Ohio Department of Transportation, Purchasing Services Mail Stop 4110, 1980 W. Broad Street, Columbus, Ohio For hand delivery of bids, the Office of Contract Sales, Purchasing Services section is located on the 1 st floor of the building. Bidders will be required to sign in at the front desk of the building. It is the responsibility of the bidder to ensure enough time is allotted to allow for sign in procedures prior to the 11:00am deadline on the date of the opening. Bids shall be considered late if not delivered by 11:00am. Delivery to any other location, does not constitute bid being received by ODOT Purchasing Services. Bids submitted with insufficient postage will not be accepted. Bids will be received during regular business hours, 7:00 a.m. - 4:30 p.m., Monday through Friday, excluding recognized holidays. Bids with stamped or copied signatures will be considered non-responsive. Telegraphic, facsimiles, or any other mode of transmission other than stated above shall not be considered as a valid submission to ODOT Purchasing. Bidders using "express mail" or similar types of service, should verify with the service as to which address is required to ensure proper delivery of the response to ODOT Purchasing Services. ODOT will not be held liable for non-delivery and/or late delivery of any bid response due to a bidder listing an incorrect address. 3. The original bid response with all pages must be properly completed, signed by the bidder, accompanied by copies of all necessary supportive documentation and returned in its entirety. The original bid response must contain an authorized original signature of the bidder on the signature page. If the entire ITB is not submitted with all pages, the bid may be deemed non responsive and ineligible for award. 4. Any bid received after 11:00 a.m., on the scheduled day of opening, will be marked as late, remain sealed, and will receive no further consideration for award. Late bids will be returned to the Vendor. Bidders should allow sufficient time for mailing/delivery of their bids to ensure delivery to ODOT Purchasing Services prior to the opening time and date. ODOT will not be responsible for a late bid due to failure of the bidder to allow sufficient time for mailing/delivery of the bid. 5. In order to protect the integrity of the bidding process, bids shall not be prepared, completed or altered on the premises of ODOT. Any bid which is prepared, completed or altered on the premises of ODOT shall be immediately disqualified and receive no further consideration for award. 6. Pursuant to Section of the Ohio Revised Code, ODOT Purchasing is required to notify potential bidders of bidding opportunities. The A copy of this ITB may be obtained by visiting the Office of Contract Sales, Purchasing Services during regular business hours. Vendors who wish to become registered to receive ITBs by , should the Purchasing Services Section at Contracts.Purchasing@dot.state.oh.us for further information. 7. Bids shall be publicly opened, at ODOT Central Office, Office of Contract Sales, Purchasing Services section, starting at 11:01 a.m. on the scheduled date of opening. All bids will be opened and read. Bids, unless otherwise provided herein, are subject to the Public Records Law, Section of the Ohio Revised Code. Copies of bid responses must be requested and will be provided within a reasonable period of time and at a fee established by the Director of ODOT. To expedite and properly respond to such public records requests, a written request should be submitted. To prevent delays in evaluating bids and awarding contracts, such requests for recently opened bids, will be honored upon completion of the contract award by the Director of ODOT. Bidder may request that certain information, such as trade secrets or proprietary data, be designated as confidential and not considered as public record. Material so designated shall accompany the bid and be in a sealed container duly marked, and shall be readily separable from the bid in 14

15 order to facilitate public inspection of non-confidential portion. Prices, makes, models, catalog numbers of items offered, deliveries and terms of payment shall not be considered as confidential. The decision as to whether or not such trade secrets or proprietary data shall be disclosed at the bid opening rests solely with the Department. 8. PRE-BID QUESTIONS/INQUIRIES: If any bidder discovers an inconsistency, error, or omission in this ITB, the bidder should request clarification. Any pre-bid questions or inquiries must be submitted electronically by following the given hyperlink below and must be received no later than five (5) business days before the scheduled opening date. Bidders are prohibited from contacting any other office, including District offices, for responses to pre-bid questions. The Department may find a bidder non-responsive for failing to adhere to this written policy. Pre-bid questions must be submitted electronically through the following website: Answers to Pre-Bid Questions/Inquiries will be posted on the following document available for download at the following website: The issuance of an addendum is dependent upon the information received and the impact on the competitive bid process. Any addenda issued will be ed to all known bidders and also posted to the Department s Upcoming ITB s website: Please note: The Department s addenda information out to all known bidders for convenience purposes only. The Department shall not be held responsible for a bidder s failure to receive the with the addenda information. It is the responsibility of all bidders to check the website to see if any addenda have been issued prior to submitting their bid to the Department. 15

16 GENERAL DEFINITIONS When used in this Invitation to Bid or any ensuing contract, the following definitions shall apply. If a conflict exists between these definitions and any definition listed in the bid specifications, the bid specifications shall prevail. 1. AGENCY: Ohio Department of Transportation. 2. AUTHORIZED DISTRIBUTOR: The bidder/vendor who maintains written legal agreements with manufacturers/producers to act as their agent and provide supplies, materials, equipment or services listed in the bid/contract. The authorized distributor must maintain active and sufficient facilities necessary to perform the awarded contract, own title to the goods inventoried within these facilities and maintain a true stock of these goods on a continuing basis and in sufficient quantity to provide uninterrupted service to ordering agencies. 3. BIDDER: The company and/or authorized representative of the company who has signed and is submitting the signed bid response and who will be responsible to ensure proper performance of the contract awarded pursuant to the bid. 4. DEPARTMENT: Ohio Department of Transportation 5. EQUIPMENT: Items, implements and machinery with a predetermined and considerable usage life. 6. INVITATION TO BID (ITB)/CONTRACT: All documents, whether attached or incorporated by reference, utilized for soliciting bids. Upon completion of the evaluation of the bidder's response, the Invitation to Bid (ITB) then becomes the contract between ODOT and the successful bidder, both governed by the laws of the State of Ohio. 7. INVOICE: An itemized listing showing delivery of the commodity or performance of the service described in the order, and the date of the purchase or rendering of the service, or an itemization of the things done, material supplied, or labor furnished, and the sum due pursuant to the contract or obligation. 8. LOWEST RESPONSIVE\RESPONSIBLE BIDDER: A bidder who offers the lowest cost for the goods or services listed in the bid; and whose proposal responds to bid specifications in all material respects and contains no irregularities or deviations from the specifications which would affect the amount of the bid or otherwise give him a competitive advantage; and whose experience, financial condition, conduct and performance on previous contracts, facilities, management skills evidences their ability to execute the contract properly. 9. MATERIALS: Items or substance of an expendable or non expendable nature from which something can be made, improved or repaired. 10. PURCHASE: To buy, purchase, installment purchase, rent, lease, lease purchase or otherwise acquire equipment, materials, supplies or services. "Purchase" also includes all functions that pertain to obtaining of equipment, materials, supplies or services, including description of requirements, selection and solicitation of sources, preparation and award of contracts, and all phases of contract administration. 11. 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. 12. SPECIFICATION: Any description of the physical or functional characteristics or of the nature of supplies, equipment, service, or insurance. It may include a description of any requirements for inspecting, testing, or preparing supplies, equipment, services, or insurance. 13. SUPPLIES: Provisions and items normally considered expendable or consumable. 16

17 14. UNBALANCED: Any unit price contained in the bid schedule which is obviously unbalanced either above or below reasonable cost analysis and or unreasonably disproportionate to current market prices as determined by the Director of ODOT, or if such unbalanced prices are contrary to the interest of the department. 15. VENDOR: The bidder who, upon awarding of a contract, becomes the prime Vendor who is considered to be 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. 16. SUBVENDOR/SUBCONTRACTOR: An individual, firm or corporation to whom the Vendor sublets part of the contract to be performed. 17

18 STANDARD TERMS AND CONDITIONS 1. HEADINGS: The headings used in this Invitation to Bid (hereinafter referred to as an "ITB") are for convenience only and shall not affect the interpretation of any of the terms and conditions thereof. When terms and conditions set forth elsewhere in the ITB conflict with these terms and conditions, the ITB standard terms and conditions shall prevail. 2. GOVERNING LAW/SEVERABILITY: The ITB, award and the agreement entered into with the successful bidder (hereinafter referred to as "the Contract)" are governed by the laws of the State of Ohio. If any provision of this Contract, or the application thereof to any person or circumstance, is found to be invalid, the remainder of the provisions of this Contract, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall not be affected thereby. 3. INFORMATION REQUESTED: Bidders shall furnish all information as requested in the ITB. At the discretion of the Director, additional information, necessary for evaluation of the bid, may be attached to the bid and shall be properly identified as being part of the bid. ODOT reserves the right to request literature, or other documentation for clarification, although such may not have been set forth in the ITB. ODOT also reserves the right to require a Vendor to have a complete W-9 on file with the Department prior to a contract being awarded. Failure to provide the required information or a complete W-9 may render the bid invalid. 4. SAMPLES REQUESTED: When requested, samples shall be furnished at bidders' expense, and unless otherwise specified, prior to opening of the bid. Samples shall be clearly identified by bidder's name, the bid number, corresponding item in the bid and bid opening date. ODOT acknowledges that it may receive bids from multiple distributors bidding the same manufacturer's products. In such situations, samples may be submitted by manufacturers on behalf of multiple distributors, provided that such samples shall be accompanied by written documentation, on manufacturer's letterhead, signed by authorized representative of manufacturer, listing the named distributors for whom the samples are provided. Any bidder not appearing on this listing and who has failed to furnish requested samples shall be considered nonresponsive. Unless otherwise stated, any sample submitted with the bid shall not be deemed to vary from any of the provisions, specifications, or terms and conditions of the bid. When requested in writing, samples not destroyed in testing, shall be returned at the bidder's expense. Samples not so requested shall become the property of ODOT. Unsolicited samples which are submitted, shall be at the bidder'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 ITB. 5. SPECIFICATIONS: ODOT is authorized to prepare specifications to obtain supplies and services. The purpose of the specification is to describe the supplies or services to be purchased and will serve as a basis for comparison of quotes. The Department may use any form of specification it determines to be in the best interest of the State and that best describes the supplies or services to be purchased. Specifications may be in the form of a design specification or a combination thereof. If the department determines that a design, performance or a combination specification is not in the best interest of the State, it may use 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 and is not intended to limit or restrict competition. Substantially equivalent supplies or services to those designated will be considered for award. The Department 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, the Department shall solicit a sufficient number of suppliers to ensure maximum coverage with providers of the supplies 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 supplies or services to be provided for testing and examination by ODOT. Only those supplies or services that conform to ODOT s requirements will be considered for inclusion on a qualified products list. 18

19 Specifications as shown in the 2013 Construction and Materials Handbook are incorporated into the ITB and made a part thereof and are found in the current Ohio Department of Transportation Construction and Materials Specifications handbook and provisions of the current version of supplemental specification 800 that is in force at the time of award. To obtain the handbook and/or current Supplemental Specifications, contact: Ohio Department of Transportation Office of Contract Sales, Purchasing Services (Mail Stop 4110) 1980 W. Broad Street, 1 st Floor Columbus, Ohio Telephone (614) or (614) The cost of the handbook is $4.50+tax/shipping You can also access both the Supplemental Specification and 2013 Construction and Materials Specifications handbook on ODOT s Web Site by following the two hyperlinks below: Supplements.aspx 6. UNIT PRICE GOVERNS: The unit price governs the award unless otherwise specified in the ITB. The unit price must be entered for each item being bid. Use of ditto marks, arrows, or other markings in lieu of the actual unit price shall be deemed non-responsive. Lot prices listed in the unit price area shall be considered as the unit price unless clearly identified as the lot price. Any request to change or alter the price after opening of the bid shall not be allowed. Bidders should review bid pricing carefully, as once a contract is awarded; the Vendor shall be required to deliver the goods or services at the prices quoted. Bidders shall not insert a unit cost of more than two (2) digits to the right of the decimal point. Digit(s) beyond two (2) will be dropped and not used in the evaluation of the bid or payment thereof. 7. BIDS FIRM: Once opened, all bids are firm and cannot be altered. Once a contract is awarded, the Vendor shall deliver at the prices and terms quoted. The Ohio Department of Transportation shall receive the benefit of any decrease in price during the guaranteed price period. Unless otherwise stated, all bids shall remain valid for a period of sixty (60) calendar days after the bid opening date. 8. MODIFICATION OF BIDS: A bidder may request to modify their bid response prior to the scheduled date and time set for bid opening. If changes or alterations are made to the bid response, the original information must be lined or opaqued out with the new information inserted. All changes, corrections, or alterations must be legible and initialed by the bidder. Illegible modifications shall result in disqualification of the items. Failure of the bidder to initial any such modifications may result in disqualification of the items which have been modified. ODOT reserves the right to request written certification from the bidder verifying that such changes were made by the bidder and are applicable to the ITB and any resulting contract. All documents relating to the modification shall be made a part of the bid file. 9. WITHDRAWAL OF BIDS: Prior to the scheduled time and date for opening: A bidder may, by written notice to the Director of ODOT, request to withdraw their bid response. Such written notice must set forth reasons for the withdrawal. After bid opening, a bidder may request to withdraw their bid response from consideration if the price bid is substantially lower than the other bids, providing the bid was submitted in good faith, and the reason for the bid price being substantially lower was due to an unintentional and substantial arithmetical error or unintentional omission of a substantial quantity of material or labor in the compilation of the bid. Written notice of any such request to withdraw must be sent by fax, , or certified mail, and received within forty-eight hours after the bid opening date. All requests to withdraw a bid must be placed in writing to the Director of ODOT and no bid may be withdrawn without written approval from the Director of ODOT. The decision to allow a bid to be withdrawn is at the sole discretion of the Director of ODOT. If the bid is to be awarded by category, the withdrawal request will apply to all items within the category. All documents relating to any withdrawal request will become a part of the permanent bid file. Pursuant to Ohio Revised Code Section , the Director may declare forfeited any bid bond associated with a bid if the terms of this paragraph are not met. 19