102-26_Specs__03_13_25_.pdf

Invitation No. 102-26

ITB-102-26 Miscellaneous Pavement Maintenance Products 3 / 13 / 2025

REQUIREMENTS/SPECIFICATIONS

Section 1: Intent

The purpose of this invitation is to request unit pricing for listed miscellaneous maintenance products or their equivalent as needed in accordance with specifications and provisions contained herein, firm for the contract duration.

Section 2: 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. 5513.02.

Section 3: Contract Duration

The effective duration of this contract shall be from Date of Execution through March 31, 2026.

Section 4: Product Specifications

Item A: Crafco Roadsaver 515 (34515)

Item B: Roklin Flex-Set

Item C: Aquaphalt (6mm)

Item D: Aquaphalt (9mm)

Item E: 486Star

Item F: Thorma-Joint

Item G: Matrix 501 (P.N. 33345)

Item H: Matrix 502 (P.N. 34528)

Item I: Fibrejoint

Item J: Wabo Expandex

MSDS and technical specifications must be submitted with your bid for ALL products you bid.

For any alternative products to ITEMS A to J that are submitted, the vendor shall identify the product for which it is an alternative.

Certified Test Results shall be submitted with the ITB submission. These tests shall have occurred within calendar year 2024 or 2025, and must meet or exceed the requirements on the Technical Data Sheet.

If a Certified Test Result has not been performed within calendar year 2024/2025, the vendor will need to have Certified Test performed and Results submitted by the contract due date.

The Certified Test Results must be received by the Department with your bid package.

The Certified Test Results will be reviewed to determined if they meet or exceed the requirements of the Technical Data Sheet.

Any product submitted, where the 2024 or 2025 Certified Test Results do not meet the requirements on the Technical Data Sheet, will be rejected.

All items required in the Invitation to Bid must be submitted by the BID CLOSING DATE for the Product to be considered for award.

Section 5 Materials, Equipment, and Labor Rates

Please be advised, the vendor must honor any bid price submitted in this Invitation to Bid for all of ODOT’s twelve (12) Districts and eighty-eight (88) counties in the State of Ohio.

5.1 Materials Pricing ODOT INSTALLED

Refer to pricing tab “Material Pricing PURCHASE ONLY”

For this section, a separate tab is provided to establish pricing for ODOT to purchase materials. In accordance with section 5.1, all deliveries shall be Free on Board (F.O.B.) to any of ODOT’s twelve

(12) Districts and eighty-eight (88) county destination locations in the State of Ohio, as per the enclosed map. Purchase orders when issued, will detail specific destination points. The Department will not accept any additional charges for these deliveries.

District 1 – Lima District 7 – Sidney

District 2 – Bowling Green District 8 – Lebanon

District 3 - Ashland District 9 – Chillicothe

District 4 - Akron District 10 – Marietta

District 5 – Jacksontown District 11 – New Philadelphia

District 6 - Delaware District 12 – Garfield Heights

Central Garage – Columbus (CG)

5.1 Delivery

Delivery shall be made within 7 calendar days after receipt of order.

5.2 Delivery Hours

All deliveries are to be made between the hours of 8:00 a.m. and 3:30 p.m., Monday through Friday, excluding State holidays unless special permission is granted by the Department to temporarily waive or adjust this requirement.

5.3 Packaging

All material must be furnished on non-returnable pallets. Carton items must be furnished on pallets and be shrink-wrapped for protection in shipping. Material shipped in a different manner must be described in an attachment to the bid.

5.4 Safety Data Sheets

Vendor will be required to submit Material Safety Data Sheets with each delivery to the District.

5.5 Minimum Order ($250.00)

The minimum order will be $250.00 for items to be shipped F.O.B. to the destination at the unit price quoted. Orders amounting to less than the minimum will be shipped at the unit price quoted, prepaid with freight/shipping charges added to the invoice. Copies of freight/shipping charges are to be included with the invoice.

Section 6: Materials & Equipment Pricing VENDOR INSTALLED

Refer to pricing tab “Material Pricing VENDOR” and “Equipment & Operator Pricing”

6.1 Materials

For this Section, the vendor shall establish a unit price for the material only in either gallons or pounds. A separate tab has been established for this unit price and will be used in conjunction with the vendor supplying personnel and equipment to properly install/apply the materials directly to ODOT’s roadways.

The vendor shall be responsible for following the current Construction and Material Specifications (C&MS) and current Supplemental Specifications, which are in force at the time of award. The vendor and ODOT shall meet prior to installation to review the installation procedures. Once ODOT has approved the installation process, work may commence.

The pricing on this tab will NOT be used by ODOT for purchase of materials only.

To access the C&MS, follow the link:

http://www.dot.state.oh.us/Divisions/ConstructionMgt/Pages/default.aspx

To access supplemental specification, follow the link:

http://www.dot.state.oh.us/Divisions/ConstructionMgt/OnlineDocs/Pages/ProposalNotesSupplemen talSpecificationsandSupplements.aspx

6.2 Equipment

ODOT will direct the time and place of the use of the vendor’s equipment. The vendor’s operators and other employees will be under the direction and supervision of ODOT. The vendor shall not park equipment on the right-of-way without approval of the project supervisor. All staging areas in the right-of-way must be approved by the project supervisor.

A separate pricing page is provided for the vendor to identify the various types of equipment, including operator, that may be necessary for the products being installed/applied.

Depending on the location, or time of day, a list of additional equipment items have been identified as potential needs, such as arrow boards, light plants, etc.

6.3 Traffic Control

ODOT may choose to provide traffic control or pay the vendor to do so per vendor bid items Miscellaneous Traffic Control Equipment, Flagger, Flagger with Pickup Truck, or Maintaining of Traffic.

6.4 Ohio EPA Division of Air Pollution Control Engineering Section Engineering Guide #57

Reasonably Available Control Measures (RACM), pursuant to OAC rule 3745-17-08(B), for fugitive dust emissions are to be followed when performing:

1. Structural abrasive blasting

2. Surface cleaning of concrete and other highway surfaces

3. Concrete cutting

4. Asphalt cutting

5. Bridge deck preparation for resurfacing.

http://www.dot.state.oh.us/Divisions/ConstructionMgt/Pages/default.aspx http://www.dot.state.oh.us/Divisions/ConstructionMgt/OnlineDocs/Pages/ProposalNotesSupplementalSpecificationsandSupplements.aspx http://www.dot.state.oh.us/Divisions/ConstructionMgt/OnlineDocs/Pages/ProposalNotesSupplementalSpecificationsandSupplements.aspx

Section 7: Personnel

For this section, when the ODOT determines it will utilize the vendor to properly install/apply materials to the roadways, the vendor will be responsible for providing personnel. In most instances, the operator is to be combined with a piece of equipment.

However, in some instances, a project may require additional personnel. This can be addressed under the miscellaneous section of the pricing page.

Please note that all labor will be required to have the proper PPE.

Section 8: Mobilization

This section contains two Mobilization rates.

The first rate shall include the cost to mobilize to the project.

The second mobilization rate will be for projects with locations in multiple counties. This second rate shall include the cost to mobilize between two counties for a single project.

Section 9: Payment

The vendor and the project supervisor will come to an agreement on the number of hours or work performed each day.

The “operating hourly rate” will be the rate that the vendor will be paid for the actual operating hours for each piece of equipment.

The “hours worked” will be the number of hours paid for all other hourly rate items, unless otherwise stated.

Section 10: Prevailing Wages

When the project exceeds the prevailing wage threshold levels, this contract is subject to Ohio Prevailing Wage Laws, Chapter 4115 of the Ohio Revised Code and the vender shall comply with all provisions contained therein. By signing this bid, the bidder guarantees that the prevailing wage scale to be paid to all labor employed on this contract shall be in accordance with the published schedule of the prevailing hourly wage and fringe benefits ascertained and determined by Ohio Bureau of Employment Services for the county in which the work is being performed. The following links will provide information on prevailing wage requirements, rates and laws.

Prevailing Wage Threshold Levels Link https://www.com.ohio.gov/documents/dico_prevailingwagethresholds.pdf

Prevailing Wage Information about Ohio’s prevailing wage laws.

https://ohio.gov/wps/portal/gov/site/jobs/resources/prevailing-wage

The pricing page will include a separate section for a prevailing wage rate and one for non-prevailing wage rate.

Truck drivers who are employed to deliver materials to the project site are exempt from prevailing wage except when the work performed is on the “site of work”. Site of Work includes the following:

• The physical place or places where the building or work called for in the contract will remain after the work is completed.

• Job headquarters, tool yards, batch plants, borrow pits, etc., provided they:

1. Are located adjacent or virtually adjacent (within a one mile radius) to the https://www.com.ohio.gov/documents/dico_prevailingwagethresholds.pdf https://ohio.gov/wps/portal/gov/site/jobs/resources/prevailing-wage site of the work described above.

**AND**

2. Are dedicated exclusively, or nearly so, to performance of the contract or project; 80% of the materials taken from the site must be used for the project.

Truck drivers who are Owner-operators are also exempt from prevailing wage. Owner-operators must have a purchase or bona fide lease agreement contract and demonstrate financial commitment, such as purchasing vehicle insurance, gasoline, etc. An Owner-operator includes a lessee of equipment, but there must exist a bona fide lease with evidence of independent contractor status. A lease calling for a share of revenues while being used, or short term in duration (3-5 years), will not qualify for Owner-operator status.

Section 11: Liquidated Damages for Load Limit Violations

By signing this bid, the bidder will be deemed to have stipulated as follows:

I. Any vehicle being used to haul materials under this contract shall be loaded so as not to exceed the maximum weight limitations contained in Ohio Revised Code Section 5577.04 and Specification 105.12.

II. Any vehicle determined to be overloaded shall be cause for the assessment of liquidated damages to the vendor. For the purpose of assessing liquidated damages under this contract, the following schedule of maximum gross vehicle weights will be used to determine the extent of "overload" to which damages will apply. This schedule will apply in all cases except where paragraphs (c) or (d) below apply;

Vehicle Type Gross Vehicle Weight

A) Single Unit Trucks

1) 2-axle, with 1 rear axle 32,000 lbs

2) 3-axle, with 2 rear axles 47,000 lbs

3) 4-axle, with 3 rear axles 60,000 lbs

B) Tractor-trailer combinations 80,000 lbs

C) In the event that any vehicle can legally exceed the above maximums, then the liquidated damage clause will not be invoked if and only if a written determination of the maximum legal gross vehicle weight under O.R.C. 5577.04 for that vehicle has been issued by the ODOT Special Hauling Permit Section and is presented upon demand.

D) In the event that the gross vehicle weight of any vehicle exceeds the maximum legal gross vehicle weight under O.R.C. 5577.04 for that vehicle, then the liquidated damage clause will not be invoked if and only if a Special Hauling Permit stating the permitted gross vehicle weight for that vehicle has been issued by the ODOT Hauling Permit Section and is presented upon demand.

III. Schedule of Liquidated Damage for Vehicle Overloads

Overload (lbs) Liquidated Damages 0 - 2,000 $80.00 2,001 - 5,000 $100.00 plus $1.00 per 100 lbs. of overload 5,001 - 10,000 $130.00 plus $2.00 per 100 lbs. of overload 10,001+ $160.00 plus $3.00 per 100 lbs. of overload

IV. Drivers of all vehicles being used to haul materials on this invitation, shall be informed by the vendor that liquidated damages shall be charged for overloads.

V. These provisions are strictly for the convenience of administering this regulation and shall not be construed to replace or waive any provision of the Ohio Revised Code pertaining to vehicle weight limitation.

Section 12: Sub-Vendors

Any use of sub-vendors will require written pre-approval from the Department. In addition, all sub-vendor invoices must be submitted to the Department with the vendor’s invoice. The Department will not pay any additional fees above those charged by the sub-vendor.

Section 13: Ohio EPA Division of Air Pollution Control Engineering Section Engineering Guide #57

Question:

What are the reasonably available control measures (RACM), pursuant to OAC rule 3745-17-

08(B), for fugitive dust emissions from the following operations at highway construction and maintenance projects:

1. Structural abrasive blasting,

2. Surface cleaning of concrete and other highway surfaces,

3. Concrete cutting,

4. Asphalt cutting, and

5. Bridge deck preparation for resurfacing.

Answer:

1) Structural Abrasive Blasting:

Structural abrasive blasting involves the removal of rust, scale, and old paint from metal surfaces on bridges prior to repainting. The following measures will be considered RACM for these operations.

An enclosure shall be erected to completely surround the blasting operation. This includes the area around and underneath the operation. The ground cannot be used as the bottom of the enclosure unless completely covered with plastic sheeting or a tarpaulin.

The enclosure shall be constructed of flexible material such as tarpaulins or containment screens which are specifically designed for this purpose, or of rigid materials such as plywood. All materials shall be maintained free of tears, cuts, or holes. However, flexible material used for the sides of the enclosure may be woven to contain a maximum of 15% holes and a minimum of 85% material. All seams shall be overlapped a minimum of 6" and fastened together at least at 12" intervals. The vertical sides of the enclosure shall extend completely up to the bottom of the deck on a steel beam bridge and up to at least the elevation of the blasting operation on a truss bridge. Bulkheads shall be used between beams to enclose the blasting area.

All debris which has been collected by this operation or which has fallen to the ground shall be' collected and stored at the bridge site for testing, evaluation and disposal. Collection and storage services of an approved testing laboratory shall be obtained to evaluate a representative sample of the abrasive blasting debris (from each bridge) for the Toxic Characteristic Leaching Procedure

(TCLP) Test. Sampling shall be done within the first week of the abrasive blasting.

All sampling and testing shall be done in accordance with U.S. EPA Publication SW8 846. The test results of exceedances shall immediately be forwarded to the local air agency or Ohio EPA District

Office in whose jurisdiction the blasting project is taking place.

2) Surface Cleaning of Concrete and Other Highway Surfaces:

A) Smooth highway surfaces:

The surface cleaning operations on rough or smooth highway surfaces are performed to prepare the surface prior to the laying of asphalt or concrete or as general cleanup of the work area.

For smooth highway surfaces, the Vac-all truck has been used in the highway construction industry for the past few years with great success because of the effective cleaning and the speed that the surface areas can be cleaned.

The Vac-all truck uses a sweeping and vacuuming method of cleaning with a filter collector and an internal storage bin to hold the captured particulates. The filters in the Vac-all have to be cleaned and maintained at frequent intervals. Also, the vacuum and sweeping equipment have to be in good repair for proper operation of the equipment.

Therefore, the use of a Vac-all truck in good working order and with properly cleaned filters shall be the RACM for smooth highway surface cleaning.

B) Rough highway surfaces:

The cleaning of rough construction surfaces can be accomplished by different methods. In one method, a Vac-all truck has a flexible vacuum hose attachment mounted on the rear of the truck.

This vacuum hose can be used for removal of surface dust from the rough surfaces and deep crevices. An alternative method would be to wet down the area and hand sweep the surface dust.

Either control method shall be used as the RACM for rough highway surface cleaning.

The use of the air lance (blowing of compressed air) should be used only after the Vac-all truck and/or wetting has been used to clean the surface of a substantial amount of the surface dirt. If not used in this manner, an excessive amount of fugitive dust will be blown into the air.

For the general cleanup of the street or highway, a street sweeper has been used effectively. The street sweeper includes a water spray bar which wets down the street surface area and a sweeper/vacuum which removes the roadway dirt to a containment bin in the vehicle. Similar to the Vac-all truck, the use of a street sweeper in good working order and with the water spray bar and sweeper/vacuum shall be considered the RACM for this general purpose cleanup.

3) Concrete Cutting:

Concrete cutting operations performed at highway projects use diamond or abrasive discs for hand-cutting operations and a Vermeer grinder wheel mounted on a construction vehicle for large cutting or trenching operations.

Operating experience has shown that a high-speed diamond disc must use water as a lubricant, while an abrasive disc can be used in dry cutting. However, the abrasive disc using water results in easier cuts. The Vermeer grinder wheel can be used in dry or wet cuts. A dry cut on the Vermeer grinder wheel is also hard on the cutting teeth.

The use of water as a coolant lubricant for the cutter and as a means to keep down the emission of fugitive dust from the cutting operation is not only effective, but also very reasonable in cost. Water is readily available from nearby city water line fire hydrants and also from water tank trucks that are commonly used on highway construction projects. A water storage tank also is usually available on the Vermeer grinder vehicle.

Therefore, the use of water in sufficient quantities to wet the cutter, the immediate surrounding work area, and the fugitive dust immediately emanating from the cut shall be considered as the RACM for concrete cutting. As an optional control method, a hood or shroud surrounding the work area which contains the emission of fugitive dust may also be considered as the RACM for concrete cutting. In this case, the surface dust created by the concrete cutting should be promptly cleaned from the surface as outlined in item 2.

4) Asphalt Cutting:

Wet sawing, as used in concrete cutting, has proven effective in the cutting of asphalt as well as in the suppression of dust. The use of wet sawing shall be considered the RACM for asphalt cutting.

A vacuum/filter dust control option is currently being examined by the Ohio Contractors

Association. Should OEPA determine this option to be an effective dust suppression technique, it will be included in this Engineering Guide.

5) Bridge Deck Preparation for Resurfacing:

The first phase, milling or scarification, involves grinding down the upper layers of the concrete surface. The wastes, or millings, are then removed. The second phase of the rehab involves the major breaking out (jack hammering) and minor breaking out of the areas of delamination.

(Delamination is a term used for the concrete that has, through deterioration, lost contact with the metal reinforcement rods (rebar) in the bridge road bed.) After the major breaking out of the delaminated areas, the waste materials are removed. Major breaking out is followed by minor, breaking out. Minor breaking out involves smaller areas of delamination, is usually done manually, and generates less waste material. After minor breaking out, the waste materials are cleaned up.

The final phase in the preparation for resurfacing is the bridge deck and rebar cleaning. The purpose of the cleaning is to remove all grit and debris from the deck, and any scale from the rebar.

A) Deck milling or scarification:

The Vac-all truck has been shown to be an effective means of cleaning milled surfaces. Therefore, the use of a Vac-all truck in good working order and with properly cleaned filters shall be the RACM for the milling or scarification process.

B) Major and minor breaking out of delaminated areas:

The cleaning of delaminated areas can be accomplished with the use of a Vac-all truck. The flexible hose attachment on the rear of the truck can be used to clean up large pieces of debris, and the belly sweeping and vacuuming can be used to clean the deck surface. Therefore, the use of a Vac-all truck in good working order and with properly cleaned filters shall be the RACM for major and minor breaking out of delaminated areas.

C) Final deck cleaning in preparation for resurfacing:

Originally, OEPA had recommended that the RACM for this process should be total enclosure with tarps. However, various contractors, as well as ODOT, have criticized this method of control, citing the cost-effectiveness as a problem. The use of tarps can vastly raise the cost of an operation due to the increased man-hours, as well as lengthen the time in which traffic lanes are closed.

In a 1994 letter to Tom Kalman of OEPA, Don Conaway of ODOT had proposed the use of "dustless" abrasives as an alternative to total enclosure. The letter suggested these abrasives could be used effectively without causing a significant amount of dust. On October 18, 1995, ODOT demonstrated for RAPCA the use of these abrasives on a Clark County bridge. RAPCA found that the "dustless" abrasives actually caused excessive amounts of dust (in violation of the 20% opacity limit set in OAC

3745-17-07 (B)) and, therefore, determined that before this demonstration, OEPA had also recommended that high pressure water blasting be used to clean the exposed rebar. ODOT denied the feasibility of this process, claiming that the water did not clean effectively. When asked about the use of water with abrasives, ODOT stated that the water would cause corrosion on the metal, which would then interfere with the concrete bond. After the demonstration, RAPCA asked ODOT for technical data supporting these claims.

In response, ODOT discovered that some research had shown that a slight corrosion left by moisture on a clean bar had actually improved the concrete to metal bond. ODOT has since decided to change their contractor specifications to include water blasting supplemented by abrasives. Allowing the contractors to use this process will enable them to achieve compliance with the applicable air pollution control regulations.

As a result of these communications with ODOT, the following measures will be considered the

RACM for this cleaning operation:

Sandblasting followed by air lancing has been shown to effectively remove scale and corrosion from rebar, and is capable of thoroughly cleaning all areas of the deck. RACM for this method shall be total enclosure of the bridge deck. The bridge deck enclosure shall meet the performance specifications outlined under structural abrasive blasting.

Alternatively, high pressure water blasting or water blasting supplemented by abrasives (including sand) will also effectively clean the bridge deck and exposed rebar. These methods do not produce excessive fugitive dust, provided a sufficient amount of water is utilized when abrasives are employed. Therefore, the use of high pressure water blasting or water blasting supplemented by abrasives shall be the RACM for final deck cleaning.

Equivalent alternative control methods may be used in all cases, where appropriate. The equivalency of alternative control methods for fugitive dust shall be evaluated by the local air agency or District Office of the Ohio EPA upon appropriate consultation with the Division of Air Pollution

Control. A determination of equivalency for RACM should be made in writing.

It should be noted that OAC rule 3745-17-07 (B) (1) is applicable to the fugitive dust generated by the above-mentioned highway construction and maintenance projects. This paragraph establishes an allowable visible emission limitation of 20% opacity, as a 3-minute average. Any RACM employed must be capable of meeting this visible emission limitation.

This Engineering Guide was used for training purposes during the joint winter conferences in

January and March of 1995 between OEPA, ODOT, and the Ohio Contractors Association.

December 9, 1992, revised April 3, 1996

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: 101G-25 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.

mailto:documents@esign.ohio.gov https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fohiopays.ohio.gov%2F&data=05%7C02%7CTodd.VanKirk%40dot.ohio.gov%7C1ac0731aa3fa4f066d5408dc7b4d0c36%7C50f8fcc494d84f0784eb36ed57c7c8a2%7C0%7C0%7C638520818049379076%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=v8I%2Ba6H4M2smMVdNcvpoDrB2Dqsn4%2FJvMONLWyfwoxE%3D&reserved=0

State of Ohio, Department of Transportation (ODOT)

Office of Contract Sales, Purchasing Services

Ohio Buys

Terms and Conditions for Submitting Excel Pricing File in Bid Package

If an Excel File is Present in Ohio Buys

1. SUBMISSION OF EXCEL PRICING FILE: Bidders should submit the pricing page in the original excel format.

2. UNAPPROVED ALTERATIONS TO EXCEL PRICING FILE: Bidders who materially alter the original content of the Excel pricing file (e.g. specifications, formulas, etc.) issued by the Department may be found non-responsive and ineligible for award of this procurement.

3. CHANGES TO EXCEL PRICING FILE: The Department will only make modifications to the Excel pricing file by written addendum only. Where changes are necessary to the Excel pricing page, the Department will issue a new Excel pricing page indicating the revisions made and a revision date for the changes.

It is the sole responsibility of the bidder to check for issued addenda prior to submitting a bid package to ensure the most updated Excel pricing file is being utilized.

4. DESCRIPTIVE LITERATURE: Bidders may electronically provide any descriptive literature (e.g. brochures, spec/cut sheets, drawings, MSDS, etc.) regarding the products and/or services offered by the bidder. As this literature may be publicly posted for viewing by purchasers, bidders must not submit any literature electronically in which they consider to be a trade secret, proprietary, or confidential in any way.

(the remainder of this page has been left intentionally blank)

State of Ohio, Department of Transportation (ODOT)

Office of Contract Sales, Purchasing Services

INSTRUCTIONS, TERMS AND CONDITIONS FOR BIDDING

(Last revised 2/12/2025)

BIDDER REGISTRATION: The Department requires awarded bidder(s) to successfully register as a State of

Ohio Supplier with the Department of Ohio Shared Services and successfully obtain an OAKS vendor identification number (OAKS ID) within fourteen (14) calendar days from the date of contract award and execution. The Department cannot utilize awarded Contracts to purchase from a bidder who cannot obtain an OAKS ID from Ohio Shared Services. In the event an awarded bidder is unable to obtain an OAKS ID, the

Department shall reserve the right to revoke its award to the bidder and immediately cancel any resulting

Contract. A Supplier Information Form and W-9 must be completed and sent back directly to Ohio Shared

Services in order to register and apply for an OAKS ID. The following website can be accessed by bidders to obtain both the forms and specific instructions for obtaining an OAKS ID:

http://ohiosharedservices.ohio.gov/SupplierOperations/Forms.aspx

It is strongly recommended that all interested bidders not already registered with Ohio Shared Services submit the above paperwork prior to the bid submission deadline.

1. HOW BIDS MUST BE SUBMITTED: Vendors must submit their Bid Responses electronically in Ohio

Buys 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.

1. PREBID QUESTIONS, DISCREPANCIES, AND CLARIFICATIONS: Any discrepancies, omissions, ambiguities, or conflicts in or among the bidding documents or doubts as to the meaning shall be brought to the Department’s attention by the bidder no less than three (3) business days prior to the bid submission deadline. All questions, discrepancies, clarifications, etc. must be submitted electronically in Ohio Buys.

During the competitive bidding process, bidders (and their agents) are prohibited from contacting any ODOT office, including District offices, other than the Office of Contract Sales, Purchasing Services section to obtain responses to any questions. The Department may find a bidder non-responsive for failing to adhere to any of the above requirements.

1. MODIFICATIONS TO THE BIDDING DOCUMENTS: When it is deemed necessary to modify these bidding documents, the Department will only do so by written addendum. The issuance of an addendum is dependent upon the information received and the impact on the competitive bid process. All issued addenda will be posted to the Ohio Buys website.

PRE-BID CONFERENCES: The Department reserves the right to hold mandatory or optional pre-bid conferences at its discretion. Conferences may be held either in-person or via webinar/phone conference formats. Bidders will be required to sign in at all pre-bid conferences. The sign-in sheet for all pre-bid conferences is considered a public record, will be kept in the bid file, and will be shared with any requesting party. Additionally, any business cards collected during any pre-bid conference shall be considered public records and may be distributed out to all conference attendees. Any changes to the requirements or specifications of a procurement, as a result of the pre-bid conference content, will be made by written addendum and publicly posted. For mandatory pre-bid conferences, the Department requires that those companies intending on submitting a bid be in attendance for the entire duration of the pre-bid conference.

Mandatory pre-bid conferences will officially begin five (5) minutes after the scheduled date and start time at the location specified in the Special Terms and Conditions. Those bidders not in attendance at that time will be considered ineligible to submit a bid. The conference will be considered adjourned and indicates so. To be considered in attendance and eligible to bid, a bidder must have at least one representative of the company in attendance. A single representative cannot be present on behalf of two or more companies (bidders). Each company (bidder) must send its own representative on behalf of their organization. It is the sole responsibility of the bidder to ensure that the representative follows the sign-in procedures to properly document the bidder’s attendance. The Department shall not be held responsible for a bidder’s failure to arrive at the meeting on time, properly sign-in, or failure to stay for the entire duration of the meeting.

1. LATE BIDS: A bid received after 1:00 p.m. eastern time, on the bid submission deadline. The system will not allow a bid after the closing date and time.

1. BIDS FIRM: Once opened, all bids are firm and cannot be altered by the bidder. Once a Contract is awarded and executed, the Vendor shall deliver all products and/or services at the bid prices and terms contained in the Contract. All submitted bids shall remain valid for a period of sixty (60) calendar days after the date of the public bid opening. Beyond sixty (60) calendar days, bidders will have the option to either honor their submitted bid or make a written request to withdraw their bid from consideration. The Ohio

Department of Transportation shall receive the benefit of any decrease in price during the sixty (60) day period.

1. WITHDRAWAL OF BIDS: A bidder may withdraw their bid in Ohio Buys prior to opening. If after opening a vendor wishes to withdraw their bid, they may do so in writing to the Ohio Department of

Transportation.

1. MODIFICATION OF SUBMITTED BIDS PRIOR TO BID OPENING: A bidder may modify their bid response prior to the scheduled date and time set for the public bid opening in Ohio Buys.

UNIT BID PRICES: The unit bid price(s) submitted shall govern the award of this procurement unless otherwise specified in the bid evaluation criteria. The unit bid price should be entered for each required bid item on the Department’s pricing page. Use of ditto marks, arrows, or other markings in lieu of the actual unit price may result in a non-responsive bid determination. Lot or group prices listed in the unit bid price area shall be considered as the unit price unless clearly identified as the lot price. Unless specifically allowed in the contract’s terms and conditions, requests to change or alter unit bid prices after the public bid opening are prohibited. The following requirements also apply to unit bid prices:

1. DECIMAL POINT: Bidders should not insert a unit cost of more than two (2) digits to the right of the decimal point. Digit(s) beyond two (2) will be dropped and not recognized by the Department for the purposes of bid evaluation or contract award.

1. CREDIT CARD FEES: Bidders must incorporate into their unit bid price(s) submitted all costs and fees associated with the State’s use of a payment (credit) card.

1. DISCOUNTS: While bidders may offer to the Department discounts for prompt payment and other similar incentives, discounts and incentives these will not be used to alter the submitted unit bid price(s) for purposes of bid evaluation and contract award. This section only applies to bids awarded to the lowest responsive and responsible bidder either by individual bid item or group of bid items and does not include bids which are awarded to all responsive and responsible bidders (i.e. Multiple Award Contracts).

1. MULTIPLE AWARD CONTRACTS: Pursuant to Ohio Revised Code 5513.02, the Department may award Contracts to all responsive and responsible bidders for articles (i.e. bid items) meeting the general specifications provided. These are referenced by the Department as ‘Multiple Award Contracts’. Unit bid prices submitted for Multiple Award Contracts shall be considered by the Department as an amount-not-to-exceed unit bid price for the entire duration of the Contract. These awarded, amount-not-to-exceed bid prices often do not reflect potential quantity discounts, freight discounts, nor other similar discounts/incentives offered periodically by a distributor, manufacturer, or supplier. Where like or similar bid items are being offered by two or more awarded Vendors (bidders) on the awarded Contract, the Department reserves the right to obtain quotes from all awarded bidders on the Contract in order to achieve the best and most up-to-date pricing available to the Department at the time of ordering.

1. UNBALANCED BIDS: The Department will not accept unit bid prices that are deemed to be either materially or mathematically unbalanced. The final determination of an unbalanced unit bid price shall be at the Department’s sole discretion.

1. TIE BID PROCESS: If two or more responsive bids offer the same unit bid price, ODOT may break the tie as follows: during the bid evaluation process, the bidders that submitted tie bids will be contacted and given up to three (3) business days to submit a written revised unit price for the affected item or items.

Bidders are not required to submit a revised unit price. In the event a tie still exists after the above-prescribed deadline has passed, ODOT will schedule a coin flip to be conducted in the presence of both bidders. The winner of the coin flip will be deemed awarded the affected bid item(s).

2. PREFERENCE FOR OHIO/BORDER STATE PRODUCTS: The bid award for this procurement may be subject to the domestic preference provisions of the Buy America Act, 41 U.S.C.A., 10a-10d, as amended, and to the preference for Ohio products under O.R.C. Sections 125.09 and 125.11 and Ohio Administrative

Code Rule 123:5-1-06.

1. RESPONSIVE BIDDER: A bidder is responsive if its bid responds to the bid specifications in all material respects and contains no irregularities or deviations from the specifications that would affect the amount of the bid or otherwise give the bidder an unfair competitive advantage.

1. MINOR INFORMALITIES OR IRREGULARITIES IN BIDS: A minor informality or irregularity is one that is merely a matter of form and not of substance. It also pertains to some immaterial defect in a bid or variation of a bid from the exact requirements of the invitation that can be corrected or waived without being prejudicial to other bidders. The defect or variation is immaterial when the effect on price, quantity, quality, or delivery is negligible when contrasted with the total cost or scope of the supplies or services being acquired. The

Department either shall give the bidder an opportunity to cure any deficiency resulting from a minor informality or irregularity in a bid or waive the deficiency, whichever is to the advantage of the Department.

BIDDER RESPONSIBILITY: The Department will only award this procurement to what it deems to be a responsible bidder. The Department’s determination of a bidder’s responsibility includes, but is not limited to, the following factors: experience of the bidder;

bidder’s financial condition;

bidder’s conduct and performance on previous contracts;

the bidder’s facilities;

the bidder’s management skills;

the bidder’s employees;

past experience and/or quality of bidder’s proposed subcontractors;

the bidder’s ability to execute the contract;

review of Federal and Department debarment lists;

bidder has history of successful performance on contracts of similar size and scope; and current or impending legal actions against a bidder.

APPARENT CLERICAL MISTAKES: Clerical mistakes apparent on the face of the bid may be corrected, at the

Department’s discretion, before contract award. The Department first shall obtain from the bidder a verification of the information intended and will attach written verification of the mistake by the bidder in the contract file and award documents. Example of apparent clerical mistakes are: Obvious misplacement of a decimal point or comma;

Obvious incorrect discount factor; or

Transcription error in Part Number.

1. ADDITIONAL INFORMATION: The Department reserves the right to request additional information to evaluate a bidder’s responsiveness to the procurement’s requirements and/or to evaluate a bidder’s overall responsibility. These requests may require the bidder’s submission of confidential materials (e.g. financial statements). If a bidder does not provide all of the requested information within the prescribed timeframe, the Department may find the bid non-responsive and ineligible for award.

1. PRODUCT SAMPLES: The Department may require bidders, by procurement or by request during bid evaluation, to provide sample supplies or equipment or examples of work, at the Bidder’s expense. Samples must clearly identify the Bidder, the bid number, and the item the sample represents in the bid. The

1 timely request. The Department may keep the samples of the Bidder awarded the contract until the completion of the contract. Unsolicited samples submitted in response to this procurement will not be evaluated and the Department may dispose of them in any way it chooses.

SPECIFICATIONS: The Department is authorized by Sections 5513 and/or 125.02(B) of the Ohio Revised Code to prepare specifications and establish contracts to obtain the supplies, equipment, and/or services referenced within this procurement. The purpose of the provided specifications is to describe the supplies, equipment, and/or services to be purchased and will serve as a fair and equitable basis for comparison of submitted bids. The Department may use any form of specification it determines to be in the best interest of the Department and that best describes the supplies or services to be purchased. Specifications may be in the form of a design specification or a combination thereof. If the department determines that a design, performance or a combination specification is not in the best interest of the Department, it may use brand name or equal specifications. Unless otherwise specified in this procurement, all products, equipment, supplies, etc. offered by bidders must be in a new condition. A ‘new’ product is one that will be first used by the Department after it has been manufactured or produced. Used, reconditioned, or previously titled products, supplies, or equipment will not be considered for award of this procurement.

The Department uses qualified products list (QPL) and/or approved products lists (APL) developed by either itself or other qualified institutions to specify acceptable products and supplies that have been through proper application and testing procedures to verify conformance with technical and/or performance specifications. Where the Department requires products and supplies to be included on a specific QPL/APL listing, the Department will not accept bids for products/supplies that are not included on a specified

QPL/APL at the time of public bid opening.

A bidder may not be compensated for damages arising from inaccurate or incomplete information in the procurement specifications or from inaccurate assumptions based upon the specifications.

1. USE OF BRAND NAMES: Unless otherwise provided in this solicitation, the name of a certain brand, make, or manufacturer does not restrict bidders to the specific brand, make, or manufacturer named, but conveys the general style, type, character, and quality of the article desired. Any article which the

Department, in its sole discretion, determines to be the equivalent of that specified, considering quality, workmanship, economy of operation, or suitability for the purpose intended, may be accepted. The bidder is responsible to clearly and specifically identify the product being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable the Department to determine if the product offered meets the requirements of the solicitation. Failure to furnish adequate data for evaluation purposes may result in declaring a bid nonresponsive. Unless the bidder clearly indicates in its bid that the product being offered is an equivalent product, such bid will be considered to offer the exact brand, make, or manufacturer name referenced in the bid solicitation.

1. DEVIATIONS: Statements or modifications made by a bidder in their submitted bid package that deviate from this procurement’s terms, conditions, specifications and requirements may render a bid non-responsive and ineligible for award.

1. ESTIMATED QUANTITIES: Any purchase estimates indicated for bid item(s) are to be considered as estimates only. The Department makes no representation or guarantee as to the actual amount of item(s) to be purchased by the Department or Political Subdivisions.

1. OVERLAPPING CONTRACT ITEMS: The products and/or services included in this solicitation may be available from other State of Ohio contracts and/or other contracts made available for the Department’s use.

The existence of these contracts containing like or similar products and/or services could be either known or unknown to the Department at the time this procurement has been published. Unless otherwise stated in this contract, the Department may acquire these products and/or services from any available source. The

Department will make purchases from sources that are deemed to be in the best interest of the Agency.

REJECTION/PARTIAL AWARD OF BIDS: The Department reserves the right to reject any or all bid responses, award partial contracts, or choose to rebid when: Product, supplies and/or services are not in compliance with the requirements, specifications, and terms and conditions set forth in this procurement; or

一. Pricing offered is determined to be excessive in comparison with existing market conditions, or exceeds the available funds of the Department; or Only one bid is received, and the Department cannot determine the reasonableness of the bid prices submitted; or

一. It is determined that the award of any or all items would not be in the best interest of the Department;

or

一. The Department, in its opinion, did not achieve the desired amount of competition amongst qualified bidders for the products, supplies, and/or services being offered in the bid solicitation; or

一. Inadequate or ambiguous specifications were cited in the bidding documents; or

一. The Department determines that specifications and/or requirements were missing from the bidding documents; or

一. A bidder imposes additional terms and conditions against the Department.

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1. NOTICE TO BIDDERS OF REJECTED BIDS: When the Department deems it necessary to reject a bid, the Department will notify each affected bidder and the reasons for such actions.

BID PROTESTS: Any apparent low bidder either deemed not responsible or whose bid has been deemed non-responsive shall be notified by the Department of that determination and the reasons for it. The notification will be provided by the Department in writing and sent by U.S. mail and at the email address provided on the front cover of the bidder’s bid. The bidder will have five (5) calendar days after receipt (by mail or email confirmation) of this notification to file a written, valid protest of the Department’s determination. A valid written protest must contain substantive information and evidence so as to refute the

Department’s asserted claims against either the bid’s responsiveness or bidder’s responsibility, whichever apply. The Department will only review and respond to valid written protests containing substantive information and evidence. After review of the valid written protest, the Department will either affirm or reverse its original determination. If a valid written protest is not received by the Department within five (5) calendar days of receipt, the Director of ODOT will move forward awarding the Contract and the affected bidder will have effectively waived its right to protest the Department’s decision. For the purposes of this paragraph, “receipt” shall be defined as verification (via either certified mail return receipt or electronic read or delivery receipt) that the apparent low bidder has received the Department’s written determination against the affected bidder. Upon the bidder’s receipt, the five (5) calendar day response deadline shall commence.

1. DELAYS IN CONTRACT AWARD: Delays in the award of this procurement beyond the anticipated

Contract start date may result in a change in the contract period as indicated in the Special terms and conditions of this bid solicitation. In these instances, ODOT shall reserve the right to award a contract covering a period equal to or less than the initial contract term than originally specified in this bid solicitation.

CONTRACT AWARD AND FORMATION: Successful bidder(s) will receive via U.S. regular mail and/or email a

Notice of Contract Award letter as well as a photocopy version of the Signature Page executed by both

Parties. These documents shall serve to form the Contract between the Parties. The Signature Page must be executed by both the bidder and the Director of ODOT for the Contract to be deemed valid and enforceable.

The Department will maintain in the Contract file the Signature Page document containing each parties’ original signature(s). Upon award of a procurement, the bid invitation number (e.g. Invitation No. 999-16) will subsequently become the number assigned to the resulting Contract (e.g.