113-26_Specs_with_Appendix.pdf

Contract 113-26 - ITS Utility Locating

BACKGROUND & PURPOSE

The Ohio Department of Transportation (ODOT), through its Central Office of Traffic Operations, currently does not possess the internal capacity to manage locate requests submitted via Ohio811, nor to perform the marking of its underground utility facilities. As such, ODOT is seeking to engage a qualified professional services vendor to provide underground utility locating services specific to its Intelligent Transportation Systems (ITS) infrastructure.

These services are critical to ensuring the accurate identification and marking of underground utilities in full compliance with the regulatory requirements established by the State of Ohio.

ODOT’s Traffic Operations oversees a statewide network of more than 1,500 ITS sites, which includes over 323 miles of fiber optic cable. The ITS infrastructure encompasses a wide range of field devices, including but not limited to: closed-circuit television (CCTV) cameras, dynamic message signs (DMS), queue warning systems, variable speed limit signs, and truck parking availability systems. A portion of these assets may be viewed via publicly accessible websites by enabling the appropriate device or asset layers.

OHGO || Real-time Ohio traffic

Map | ODOT TIMS

Upon awarding the contract, ODOT will provide the selected vendor with access to its ITS asset database to facilitate more detailed planning and coordination of locating activities.

Furthermore, ODOT District Offices will have the option to utilize this contract for additional state-maintained electrical and communication assets, including traffic signals, highway lighting, and other related field devices.

The selected Vendor will be responsible for receiving and managing all utility locate requests submitted through Ohio811. The Vendor shall furnish all necessary labor, supervision, tools, materials, and equipment to perform complete, turnkey locating and marking of underground utilities in compliance with the Ohio Department of Transportation’s Intelligent Transportation Systems (ITS) Member Code (ODTCITS).

The scope of services to be performed includes, but is not limited to, the following tasks. Comprehensive requirements and performance standards are further detailed in the Vendor Requirements section of this document:

1. Ticket Management: Receive and review excavation notifications (tickets) submitted through the Ohio Utility Protection Service (OHIO811) using the Locator Logix system.

2. Infrastructure Conflict Assessment: Conduct research on ODOT’s Intelligent Transportation Systems (ITS) infrastructure to assess potential conflicts with the proposed excavation activities.

3. Ticket Clearance: Appropriately clear tickets where no conflict with ODOT assets is identified.

4. Field Locating and Ticket Resolution: Perform field locating for ITS infrastructure where conflicts are identified and complete the necessary documentation to close out the corresponding OHIO811 tickets.

5. Documentation of As-Built Conditions: Identify and document discrepancies between existing field conditions and asset records. Submit updated information to ODOT to support ongoing infrastructure accuracy and data management.

https://ohgo.com/ https://tims.dot.state.oh.us/tims/map

An appendix is included to provide prospective bidders with additional context and reference materials, including:

1. ODOT District Map

2. Representative Images of ITS Devices

3. ITS Device Inventory Table

4. Sample ITS Asset Data

VENDOR QUALIFICATIONS

1. The Vendor shall employ a skilled workforce specializing in utility locating. Personnel must be proficient in tone locating devices, marking methods, and record-keeping, with strong communication skills to effectively perform locate requests and marking tasks.

2. The locating service must have a minimum of five (5) years of industry experience and maintain a local presence in Ohio. Field technicians must have at least one (1) year of experience locating underground fiber optic cables and other underground facilities, along with a minimum of 40 hours of relevant training. The Vendor must implement a continuous training program to enhance technicians' expertise.

3. The Vendor shall provide a minimum of three (3) references for projects of similar scope, complexity, and cost. Resumes of all assigned personnel must be submitted, along with equivalent documentation for any additional technicians assigned to the project.

VENDOR REQUIREMENTS

1. All services shall comply with O.R.C. Sections 3781 and 4913, as well as all applicable Ohio laws, regulations, and ordinances. Work must adhere to locating procedures established by the National Utility Locating Vendors Association (NULCA).

2. Vendor’s standard business hours shall be, at a minimum, from 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding weekends and holidays observed by OHIO811.

3. The Vendor and ODOT shall each designate primary and secondary contacts, who must be accessible by telephone during business hours.

4. The Vendor shall participate in quarterly virtual progress meetings, if needed, to address any issues or concerns.

5. Utility locating may be required within active ODOT construction projects. ODOT Project Engineers may request additional coordination to ensure accurate locates and minimize multiple relocation requests. The Vendor shall collaborate with ODOT Project Engineers as needed.

6. The Vendor is responsible for obtaining all necessary licenses, permits, inspections, and authorizations required for service performance.

7. The Vendor shall provide all necessary communication devices, vehicles, safety equipment, locating tools, and computer systems to fulfill service requirements.

8. All vehicles must be equipped with light bars and/or strobes offering 360-degree horizontal visibility.

Safety lighting shall consist of flashing amber photo strobes, LEDs, or a combination of both to ensure visibility from all angles.

9. When operating within the Right-of-Way, field personnel must wear appropriate safety and personal protective equipment (e.g., high-visibility vest, hard hat) in compliance with ODOT and OSHA standards.

10. Traffic control and maintenance operations shall comply with the Ohio Manual of Uniform Traffic Control Devices (OMUTCD). The Vendor shall provide necessary cones, signs, and other traffic control devices. Any required lane closures must be coordinated with ODOT and adhere to ODOT’s permitted lane closure times. ODOT will provide traffic control for full lane closures.

11. The Vendor shall establish a MyODOT account for access to the Department’s ESRI ArcGIS Collector application for ITS Asset Inventory.

12. The Vendor shall provide a data collection device (e.g., iPhone, iPad, or tablet) compatible with the Department’s ESRI ArcGIS Collector application for locating underground power, communication lines, fiber optic cables, conduits, and pull boxes as required by work orders in compliance with Supplemental Specification 809.16.

13. Vendor shall utilize ODOT’s ticket management system, Locator Logix for all OH811 locates and information.

14. The Vendor shall receive all excavation notices (requests/tickets) directed to ODOT from any source, including those generated through OHIO811 under ODOT’s ITS Member Code. Responsibilities include receiving, recording, dispatching, reporting, monitoring, and closing out excavation notices.

15. For each locate request, the Vendor shall review ODOT’s underground facility maps, ITS collector application, GIS records, plan sheets, and documentation to identify potential conflicts between the proposed excavation and ODOT’s facilities. Where conflicts exist, the Vendor shall locate and mark the facilities.

16. The Vendor shall provide a positive response to tickets through the OHIO811 Positive Response System. Each ticket shall be updated accordingly (e.g., no conflict, marked, locator coordination, critical facility, complex project, or work complete).

17. Standard locate requests shall be completed within two (2) working days, excluding weekends and legal holidays.

18. Emergency locate requests shall be responded to within two (2) hours during normal business hours unless otherwise required by law or agreed upon with the requesting party.

19. The Vendor shall provide and use appropriate paint, flags, stakes, and other materials to mark ODOT facilities in accordance with the APWA uniform color code.

20. The Vendor shall digitally photograph all completed locate requests, including any damages, regardless of fault.

21. If an underground facility is identified but cannot be located with “Reasonable Accuracy” using electronic devices, the Vendor shall notify ODOT immediately after exhausting reasonable efforts.

ODOT will assist or complete the locate at no cost to the Vendor.

22. The Vendor shall not be held responsible for unlocatable facilities and is not liable for damages to such facilities.

23. If the Vendor removes any manhole, pull box, or hand hole covers for visual inspections or locating procedures, they must be properly replaced. Any missing covers must be reported to ODOT.

24. The Vendor shall locate and uncover buried pull boxes as necessary to ensure accurate facility marking.

25. In some cases, fiber optic cables are housed in underground conduits without tracer wires (e.g., Metro Cincinnati), the Vendor shall use a traceable rodder or other acceptable methods to generate a locating tone. ODOT is actively working to add tracer wire to conduits.

26. The Vendor shall maintain all records of locates and requests for the duration of the contract.

Records shall not be disclosed without ODOT approval. As OHIO811 notices are public records, the Vendor shall retain all received notices and provide them to ODOT upon request or contract termination.

27. The Vendor shall provide GPS-based locates and coordinate data back to ODOT at locations where the location data is incorrect to ensure the inaccuracies are corrected.

28. If damage occurs to an underground ODOT facility, the Vendor shall immediately notify ODOT.

29. For minor damage, ODOT will typically conduct investigations. However, the Vendor must be capable of providing infrastructure damage investigation services and generating comprehensive incident reports for major damage, if requested by ODOT. Reports shall be stored in the customer portal or emailed directly to ODOT.

30. If requested by ODOT, the Vendor shall perform additional services, such as Site Surveillance (standby protection). This includes arranging meetings with excavators before excavation and requiring physical verification of electric facility locations through hand digging.

31. To obtain discounted pricing, ODOT has agreed to limit the Vendor’s restoration liability for at-fault damages per incident. This limitation applies only to the cost of restoring damaged utilities due to a locator error, for which the Vendor remains liable for ODOT’s restoration costs.

ODOT RESPONSIBILTIES

1. During the term of this Agreement, ODOT agrees to furnish the Vendor with electronic copies of ODOT’s current facility maps, KMZ files, construction plans and other available ITS asset data necessary to locate ODOT’s underground facilities at no charge to Vendor. All records will reflect the most current information available. ODOT will provide all relevant materials to Vendor as soon as practical after the execution of this agreement. Such materials shall be kept confidential by Vendor and shall be used only in the performance of services under this agreement and may not be used for any other purpose. This obligation of confidentiality shall survive the termination of this agreement.

2. ODOT will provide training, if necessary to the Department’s ESRI ArcGIS Collector application for ITS Asset Inventory.

3. ODOT will provide the Vendor updated phone lists in the event there is a change in personnel.

4. ODOT will provide the Vendor necessary access to login to its OH811 ticket management system, Locator Logix.

5. ODOT ITS field technicians, if available, can assist over the telephone and meet on site to assist in finding unlocatable facilities if requested.

INDEMNIFICACATION & LIABILITY

It is acknowledged and agreed by the parties that time is of essence in the performance of services under the Agreement, and that Vendor’s failure to provide underground locate service in accordance with the terms of the Agreement will cause ODOT to suffer damages the full and exact extent and character of which cannot be measured as a basis for recovery by ODOT of actual damages. Accordingly, Vendor fails to mark or mistakenly marks the location of an underground ODOT facility and damage occurs by the person performing the excavation or demolition, Vendor shall be responsible for all costs of required repairs to the facility and any other resulting damages, including attorneys’ fees and court costs, and shall indemnify, defend and hold harmless ODOT and its employees from all claims arising from such damage, as well as for damage cause by Vendor, its officers, employees, agents and subcontractors in performing services under the Agreement. The foregoing notwithstanding, ODOT will repair damaged underground facilities, be responsible for other damages arising therefrom, and shall relieve Vendor of its indemnity obligations in locations where ODOT GIS or other documentation are inaccurate, and the inaccuracy could not have been resolved by visual observation.

1. Indemnification by Vendor - Notwithstanding the provisions of Shared Damage Risk herein, the Vendor shall indemnify, defend and hold harmless ODOT and its officers, directors, affiliates, agents, and employees from and against all claims, actions, damages, losses, and expenses, including reasonable attorneys' fees and disbursements, arising out of or resulting from a breach of this Agreement or the performance of the Services performed under this Agreement, provided that such claim, action, damage, loss or expense is caused in whole or in part by any act or omission of the Vendor, or any subcontractor of the Vendor, or anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder.

2. Shared Damage Risk - In the event of any damage to ODOT’s underground facility, which in the opinion of ODOT may be related to the Services performed hereunder, ODOT shall immediately (after making the site safe) but no later than 24 hours notify Vendor to investigate such damage, and Vendor shall submit a written investigation report to ODOT within 10 business days. If Vendor is notified of a damage later than 24 hours, Vendor will still investigate but will not be held liable to ODOT’s underground facility. Should the investigation reveal that the damage resulted directly from an error or omission of Vendor, or because Vendor failed to properly mark the location of damaged facility within reasonable accuracy as defined herein, Vendor shall reimburse ODOT for repair and restoration costs of said facility. Total Vendor at-fault damage costs shall not exceed ten percent (10%) of the annual revenues generated under this Agreement for each calendar year of the Agreement. Vendor shall not be responsible for downtime/delays due to any facility damages.

TERM, PRICING & AWARD

The initial term of this Agreement shall be two (2) years, commencing on July 1, 2025, and concluding on June 30, 2027. Subject to mutual agreement, the contract may be extended by ODOT an additional two-year period under the same terms, conditions, and pricing structure. ODOT does not guarantee an extension beyond the initial term. Upon completion or termination of this Agreement, the Vendor shall fully cooperate to ensure an orderly transition of services. The Vendor will get an opportunity to request an annual price adjustment to account for inflation and any other justified increases. The Vendor must submit any requested changes by March 15th. ODOT will review and approve of the request. If ODOT and the Vendor cannot come to an agreement on the pricing adjustments the contract will be rebid.

ODOT has provided estimated annual quantities for tickets and labor hours per item for bidding purposes only.

These estimates do not constitute a commitment to purchase any specific quantity and should not be interpreted as a guarantee of actual orders. Estimated quantities are detailed in the Appendix and the Pricing Sheet. The Vendor is required to complete and submit unit bid prices for each item listed in the Pricing Sheet spreadsheet.

All equipment, materials, supplies, and transportation expenses (including vehicles and fuel) shall be incorporated into the hourly rate bids. The following items provide a general description of the scope covered under each bid item.

1. Per OH811 Ticket (Each) Rate per ticket screen received from OH811. This shall include investigating and reviewing the ODOT infrastructure to determine if the request is in conflict.

2. Standard Locate (Hour)

Rate per hour during normal business hours for field locates including travel time. This rate includes no access/return trips, design locates, enhance positive response and any other time not specifically identified within the other items. Rate also per hour for emergency and after-hours field locates including travel time. While rare, this rate will also cover any work outside normal business hours.

3. Standard Locate – 2 People (Hour) Same requirements as the standard locate. Rate shall reflect two locators on site with only a single expense for transportation, equipment and materials.

4. Damage Protection (Hour)

Rate for onsite standby protection while a 3rd party is excavating.

5. Damage Investigation & Reports (Hour) Rate for damage investigation and not-at-fault damage reports.

6. Field Data Collection (Hour)

Rate for any GPS facility mapping corrections and requested field data collection per SS 809.16.

7. Design Tickets (Hour) Rate for providing locations to consultants for design plans.

8. Project Manager (Hour) Rate for kickoff, quarterly progress and other scheduled meetings. Also rate for invoice & project review, 1 hour per week, maximum.

The contract will be awarded to the lowest bidder based on the calculated grand total at the bottom of the Pricing Sheet. The grand total will be determined by multiplying ODOT's provided estimated hours for each item by the Vendor’s unit bid price and summing the resulting totals.

INVOICE & PAYMENT INFORMATION

The Vendor shall submit monthly invoices to ODOT for work performed in the preceding month. Billing for hourly rate items shall be rounded to the nearest quarter-hour. Invoices must be detailed, providing a breakdown of costs for each item. ODOT will process payments within thirty (30) days of the invoice date;

however, slight delays may occur at the beginning of ODOT’s fiscal year in July due to accounting system shutdowns.

Each fiscal year, ODOT will issue a purchase order based on the estimated contract cost as specified in the awarded Vendor’s Pricing Sheet. Monthly invoices will be deducted from the purchase order issued. If additional funding is required, ODOT may modify the existing purchase order for additional funds or issue a new one. The purchase order represents ODOT’s maximum financial obligation for the specified period, but it does not guarantee expenditure of the full amount. Payments will only be made for actual services rendered, and ODOT reserves the right to utilize all, part, or none of the allocated funds.

BID SUBMISSION

Bidder-submitted documents outlining qualifications shall be clear, concise, and limited to a maximum of 25 pages. All submitted materials must comprehensively address the key requirements. Documents shall be provided in electronic PDF format, while the Pricing Sheet must be submitted in Microsoft Excel. Existing company brochures and catalog cuts are acceptable.

The awarded Vendor must be registered with the State of Ohio in the OHIO Buys system to enable ODOT to process invoice payments. The Vendor’s registered name and address in the system must match the details on submitted invoices. If not already registered, the Vendor must complete registration immediately upon contract award.

Ohio Buys - OhioBuys Overview | State of Ohio Procurement OAKS - How to Register | OhioPays Procurement Resources - Procurement Services | Department of Administrative Services (ohio.gov)

If assistance is needed reach out by email (obm.contactcenter@obm.ohio.gov) or phone (877-644-6771).

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.

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fprocure.ohio.gov%2Fstate-and-local-agencies%2Fresources%2Fohiobuys-overview&data=05%7C02%7CJason.Yeray%40dot.ohio.gov%7C6405da80e80e43f2c92708dd737afc16%7C50f8fcc494d84f0784eb36ed57c7c8a2%7C0%7C0%7C638793694224130979%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=ia%2Ffd8Z6H9EkJl%2FtQ1QVdMZjQ22GJfxky5bWxlywHUg%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fohiopays.ohio.gov%2Fgetting-started%2F02-how-to-register%2F02-how-to-register&data=05%7C02%7CJason.Yeray%40dot.ohio.gov%7C6405da80e80e43f2c92708dd737afc16%7C50f8fcc494d84f0784eb36ed57c7c8a2%7C0%7C0%7C638793694224118385%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=y0qjzUk%2FH6Kz5Vx0z2A3nF6yrELXfCPgJbqfHw8lKd4%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fdas.ohio.gov%2Fbuying-and-selling%2Fprocurement-services%2F2-procurement-services&data=05%7C02%7CJason.Yeray%40dot.ohio.gov%7C6405da80e80e43f2c92708dd737afc16%7C50f8fcc494d84f0784eb36ed57c7c8a2%7C0%7C0%7C638793694224093534%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=PGnmT%2BDi3GV2c8qjM%2FPoInsDj4Z93tR3q2fNdjMdqrY%3D&reserved=0 mailto:obm.contactcenter@obm.ohio.gov

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.

State of Ohio, Department of Transportation (ODOT) Office of Contract Sales, Purchasing Services OhioBuys Terms and Conditions for Submitting Excel Pricing File in Bid Package If an Excel File is Present in OhioBuys

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 mailto:documents@esign.ohio.gov https://ohiopays.ohio.gov/

INSTRUCTIONS, TERMS AND CONDITIONS FOR BIDDING

(Last revised 11/2/2023)

1. BIDDER REGISTRATION: The Department requires awarded bidder(s) to successfully register as a State of Ohio Supplier with the Department of Ohio Shared Services and successfully obtain an OAKS vendor identification number (OAKS ID) within fourteen (14) calendar days from the date of contract award and execution. The Department cannot utilize awarded Contracts to purchase from a bidder who cannot obtain an OAKS ID from Ohio Shared Services. In the event an awarded bidder is unable to obtain an OAKS ID, the Department shall reserve the right to revoke its award to the bidder and immediately cancel any resulting Contract.

a. 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:

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

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

2. HOW BIDS MUST BE SUBMITTED: 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.

3. 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 OhioBuys. 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.

4. 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 OhioBuys website.

5. 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.

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

6. 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.

7. 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.

8. WITHDRAWAL OF BIDS: A bidder may withdraw their bid in OhioBuys 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.

9. 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 OhioBuys.

10. 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.

a. The following requirements also apply to unit bid prices:

11. 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.

12. 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.

13. 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).

14. 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.

15. 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.

16. 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).

17. 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.

18. 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.

19. 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.

20. 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:

i. experience of the bidder;

ii. bidder’s financial condition;

iii. bidder’s conduct and performance on previous contracts;

iv. the bidder’s facilities;

v. the bidder’s management skills;

vi. the bidder’s employees;

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

viii. the bidder’s ability to execute the contract;

ix. review of Federal and Department debarment lists;

x. bidder has history of successful performance on contracts of similar size and scope; and

xi. current or impending legal actions against a bidder.

21. APPARENT CLERICAL MISTAKES: Clerical mistakes apparent on the face of the bid may be corrected, at the Department’s discretion, before contract award. The Department first shall obtain from the bidder a verification of the information intended and will attach written verification of the mistake by the bidder in the contract file and award documents. Example of apparent clerical mistakes are:

1. Obvious misplacement of a decimal point or comma;

2. Obvious incorrect discount factor; or

3. Transcription error in Part Number.

22. 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.

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

Department will return samples that are not destroyed by testing, at the Bidder's expense, upon the Bidder’s timely request. The Department may keep the samples of the Bidder awarded the contract until the completion of the contract. Unsolicited samples submitted in response to this procurement will not be evaluated and the Department may dispose of them in any way it chooses.

24. 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.

a. 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.

b. 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.

c. 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.

25. 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.

26. 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.

27. 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.

28. 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.

29. 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:

1. Product, supplies and/or services are not in compliance with the requirements, specifications, and terms and conditions set forth in this procurement; or

2. Pricing offered is determined to be excessive in comparison with existing market conditions, or exceeds the available funds of the Department; or

3. Only one bid is received, and the Department cannot determine the reasonableness of the bid prices submitted; or

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

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

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

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

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

30. 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.

31. 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.

a. 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.

32. 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.

33. 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).

a. Upon award of a procurement, the bid invitation number (e.g. Invitation No. 999-16) will subsequently become the number assigned to the resulting Contract (e.g. ODOT Contract number 999-16) and will be referenced by the Department in all matters and documents related to said Contract.

b. Upon award of a procurement, successful bidders will thereafter be referenced as “Vendor” or “Contractor” by the Department in all matters and documents related to the resulting Contract.

34. PUBLIC POSTING OF AWARDED CONTRACTS: All Contracts awarded by the Office of Contract Sales, Purchasing Services section are posted to the Ohio Buys website and open for public review. Successful bidders and awarded Contract pricing can be found via the following website:

https://ohiobuys.ohio.gov/page.aspx/en/ctr/contract_browse_public

35. PUBLIC RECORD: All opened bids and their contents are subject to the Public Records Law, Section 149.43 of the Ohio Revised Code. Copies of bid responses must be requested and will be provided within a reasonable period of time and at a fee established by the Director of ODOT. To expedite and properly respond to such public records requests, a written request must be submitted to the Department. To prevent delays in evaluating bids and awarding contracts, such requests for recently opened bids, will be honored after a Contract has been executed.

a. Bidders may request that specific information, such as trade secrets or proprietary data, be designated as confidential and not considered as public record. Material so designated shall accompany the bid and be in a sealed container duly marked, and shall be readily separable from the bid in order to facilitate public inspection of non-confidential portion. Prices, makes, models, catalog numbers of items offered, deliveries and terms of payment cannot be considered as confidential. The decision as to whether or not such trade secrets or proprietary data shall be disclosed at the bid opening rests solely with the Department.

b. Requests to view previously submitted bids must be submitted in writing to either of the following addresses:

Contracts.Purchasing@dot.ohio.gov

Ohio Department of Transportation

Office of Contract Sales, Purchasing Services

1980 West Broad St. Mail Stop 4110

Columbus, OH 43223

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GENERAL DEFINITIONS

(Last revised 11/30/2020)

When used in this procurement or any ensuing contract, the following definitions shall apply. If a conflict exists between these definitions and any definition listed in the bid specifications, the bid specifications shall prevail.

1. AGENCY: Ohio Department of Transportation.

2. AUTHORIZED DISTRIBUTOR: The bidder/vendor who maintains written legal agreements with manufacturers/producers to act as their agent and provide supplies, materials, equipment or services listed in the bid/contract. The authorized distributor must maintain active and sufficient facilities necessary to perform the awarded contract, own title to the goods inventoried within these facilities and maintain a true stock of these goods on a continuing basis and in sufficient quantity to provide uninterrupted service to ordering agencies.

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

4. DEPARTMENT: Ohio Department of Transportation

5. EQUIPMENT: Items, implements and machinery with a predetermined…