147-25spec.pdf

ITB 147 Traffic Sign and Support Installation, Removal

REQUIREMENTS/SPECIFICATIONS

Section 1 Intent

The purpose of this invitation is to establish pricing for the installation or removal of various sign and sign support materials for the Ohio Department of Transportation (ODOT). This includes the furnishing and installation of ground mounted yielding post, pipe, structural beam, and solid wood sign supports, the installation of ODOT-supplied ground mounted and overhead mounted flat sheet and extrusheet traffic signs, and the removal of ground mounted flat sheet and extrusheet signs and ground mounted yielding posts and structural beams.

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. Please note that many items in this invitation to bid have been grouped together for compatibility purposes but may be ordered individually by item by the Department.

Section 3 Contract Duration

The effective duration of this contract shall be from date of award through September 1, 2026. Vendors issued purchase orders within the limits of the duration of the contract shall complete the required work even if this extends beyond the contract duration in accordance with the installation requirements in Section 6.

Section 4 Pricing

Vendors shall submit pricing for items on the attached pricing sheet in accordance with the terms and conditions and specifications contained herein. Prices for each item have been divided into completion times of “standard” and “rush.” These terms are described in Section 5.5 and 5.6

Section 5 Purchasing

The Department may utilize its direct purchasing authority and purchase from other sources off contract when the estimated amount is under $1,000.00, as long as the purchase complies with ODOT purchasing rules. ODOT reserves the right to utilize its direct purchasing authority and purchase from other sources off contract when all contract Vendors are unable to meet the requirements of this contract.

5.1 Purchase Order

The District will issue purchase orders as the need arises. The purchase order will describe in detail the needed work, including locations, support types, sign types and sign sizes. Only one District will be included on a single purchase order.

The purchase order will indicate whether the completion time is “standard” or “rush.” Standard and rush completion times will not be combined on the same purchase order.

For Group 1, furnish and install ground mounted u-channel and square yielding post supports, the post lengths will not be indicated in the purchase order. The Vendor will be responsible for determining the proper length of post to install, and will be paid for the actual length of post furnished and installed on a per foot basis.

For Group 2, furnish and install ground mounted pipe supports, the support lengths will not be indicated in the purchase order. The Vendor will be responsible for determining the proper length of support to install, and will be paid for the actual length of support furnished and installed on a per foot basis. The Vendor will be paid for triangular slip base connections on a per each basis. The Vendor will be paid for pipe support foundations on a per each basis.

For Group 3, furnish and install ground mounted structural beam supports, the District will indicate the support lengths in the purchase order. The Vendor will not need to make a preliminary field review of the site, and will be able to order the beams to be fabricated based upon information provided by the District in the purchase order. The Vendor will be paid for the length of support furnished and installed on a per foot basis. The Vendor will be paid for slip base breakaway structural beam connections on a per each basis.

The Vendor will be paid for structural beam support foundations on a per each basis.

For Group 4, furnish and install ground mounted solid wood supports, the support lengths will not be indicated in the purchase order. The Vendor will be responsible for determining the proper length of support to install, and will be paid for the actual length of support furnished and installed on a per foot basis.

For Group 5 and Group 6, ODOT-furnished flat sheet or extrusheet signs erected, the District will indicate the sign sizes and location(s) within the District where the signs are to be picked up by the Vendor. The Vendor will be paid for the area of sign erected on a square foot basis.

For Group 7, furnish and install breakaway supports including associated foundation. Erect ODOT-furnished, solar powered or hard-wired, Rectangular Rapid Flashing Beacon (RRFB) assembly, school flasher assembly, LED enhanced sign assembly, LED beacon sign assembly, speed feedback sign assembly, sequential flashing chevron sign assembly, or other solar powered sign assembly. The Vendor will be responsible for determining the proper length of post and size of foundation to install, and will be paid for the actual length of post furnished and installed on a per foot basis.

For Group 8, furnish and install sign attachment assembly, the District will indicate the sign height, quantity and location(s). The Vendor will be paid for the number of sign attachment assemblies furnished and installed on a per each basis.

For Group 9, remove and dispose flat sheet or extrusheet sign, the District will indicate the sign sizes and location(s) within the District from which the sign is to be removed. The Vendor will be paid for the area of sign removed and disposed on a per each basis.

For Group 10, remove and dispose ground mounted u-channel or square yielding post supports, the post lengths will not be indicated in the purchase order. The Vendor will be paid for posts removed and disposed on a per each basis.

For Group 11, remove and dispose ground mounted pipe supports, the support lengths will not be indicated in the purchase order. The Vendor will be paid for pipe support, triangular slip base connections or pipe support foundations on a per each basis.

For Group 12, remove and dispose ground mounted structural beam supports, the support lengths will not be indicated in the purchase order. The Vendor will be paid for beam support, beam support foundations, or beam connections on a per each basis.

For Group 13, remove and dispose ground mounted solid wood supports, the support lengths will not be indicated in the purchase order. The Vendor will be paid for the support removed and disposed on a per each basis.

For Group 14, maintenance of traffic, the Vendor will be paid on a per each set-up basis in accordance with the provisions in Section 9.

For Group 15, each mobilization includes up to a maximum of ten sites per District per purchase order. For example, if the unit bid price provided is $1000/each, the total mobilization cost for a purchase that includes 6 different locations across the District would be $1000. The total mobilization cost would increase to $2000 if the number of locations increased to between 11 and 20.

Multiple work types may be combined on a single purchase order. For example, u-channel post supports and structural beam supports may be included on the same purchase order.

5.2 Purchase Order Acceptance

Vendors receiving a purchase order from a District shall notify the District upon receipt of the purchase order. If the Vendor accepts the purchase order, then the completion dates stated herein shall apply. If the Vendor is unable or unwilling to comply with the completion dates stated herein, the Vendor shall immediately notify the District. The Vendor and District may negotiate a mutually acceptable completion date, which will become binding. If the Vendor and District cannot agree upon a completion date for the work, the District may cancel the purchase order and execute a new purchase order with a different Vendor, or pursue other means to accomplish the needed work.

5.3 District Liaison

Purchase orders executed under this agreement will include the name and contact information of a District Liaison. The Vendor shall coordinate all work with the District Liaison. The Vendor shall provide the District Liaison with a schedule of where and when the work will be done, and shall promptly notify the Liaison of any changes to the schedule. The Vendor shall keep the District Liaison informed of progress being made on the purchase order at least on a weekly basis, and more often if necessary. The District will also provide the name and contact information of a secondary liaison to act as a back-up should the primary liaison not be available.

5.4 Completion Time

Each purchase order will be marked as either “standard” or “rush” completion time.

5.5 Standard Completion Time

All ground mounted u-channel and square yielding post supports (Group 1) purchased under this agreement shall be installed within 60 calendar days from the order date. All flat sheet and extrusheet signs (Group 5) to be attached to ground mounted u-channel and square post supports shall be installed within 60 calendar days from the order date.

All ground mounted pipe supports (including foundations and triangular slip base connections) (Group 2) purchased under this agreement shall be installed within 90 calendar days from the order date. All flat sheet and extrusheet signs (Group 5) to be attached to ground mounted pipe supports shall be installed within 90 calendar days from the order date.

All ground mounted beam supports (including foundations and breakaway structural beam connections) (Group 3) purchased under this agreement shall be installed within 120 days from the order date. All flat sheet and extrusheet signs (Group 5) to be attached to ground mounted beam supports shall be installed within 120 calendar days from the order date.

All ground mounted solid wood supports (Group 4) purchased under this agreement shall be installed within 60 calendar days from the order date. All flat sheet and extrusheet signs (Group 5) to be attached to ground mounted solid wood supports shall be installed within 60 calendar days from the order date.

All signs and sign attachment assemblies on overhead supports (Group 6 and Group 7) shall be installed within 120 days from the order date.

All flat sheet signs, extrusheet signs, ground mounted posts, pipe supports, beam supports, and solid wood supports (Groups 8 - 12) under this agreement shall be removed and disposed within 30 calendar days from the order date.

Purchase orders containing a mix of items with different completion dates will default to the completion date of the item on the purchase order with the longest completion date. For instance, if a purchase order includes the installation of ground mounted u-channel supports and beam supports, the completion date for all items on the purchase order is 120 days.

5.6 Rush Completion Time

All ground mounted u-channel and square yielding post supports (Group 1) purchased under this agreement shall be installed within 30 calendar days from the order date. All flat sheet and extrusheet signs (Group 5) to be attached to ground mounted u-channel and square post supports shall be installed within 30 calendar days from the order date.

All ground mounted pipe supports (including foundations and triangular slip base connections) (Group 2) purchased under this agreement shall be installed within 45 calendar days from the order date. All flat sheet and extrusheet signs (Group 5) to be attached to ground mounted pipe supports shall be installed within 45 calendar days from the order date.

All ground mounted beam supports (including foundations and breakaway structural beam connections) (Group 3) purchased under this agreement shall be installed within 60 days from the order date. All flat sheet and extrusheet signs (Group 5) to be attached to ground mounted beam supports shall be installed within 60 calendar days from the order date.

All ground mounted solid wood supports (Group 4) purchased under this agreement shall be installed within 30 calendar days from the order date. All flat sheet and extrusheet signs (Group 5) to be attached to ground mounted solid wood supports shall be installed within 30 calendar days from the order date.

All signs and sign attachment assemblies on overhead supports (Group 6 and Group 7) shall be installed within 60 days from the order date.

Purchase orders containing a mix of items with different completion dates will default to the completion date of the item on the purchase order with the longest completion date. For instance, if a purchase order includes the installation of ground mounted u-channel supports and beam supports, the completion date for all items on the purchase order is 60 days.

Section 6 Installation and Removal

All work shall be in accordance with ODOT procedures and specifications.

For Group 1, Items 1-1, 1-2, and 1-3, furnish and install direct-driven ground mounted u-channel yielding post support in accordance with Item 630 of the ODOT Construction and Material Specifications and Standard Construction Drawings TC-41.20, TC-42.10 and TC-42.20. The Vendor is responsible for determining the proper length of u-channel post to install.

For Group 1, Items 1-4 and 1-5, furnish and install ground mounted yielding square post support in direct-driven anchor base foundation in accordance with Item 630 of the ODOT Construction and Material Specifications and Standard Construction Drawings TC-41.20, TC-42.10 and TC-42.20. Unit bid price includes furnishing and installation of anchor base. The Vendor is responsible for determining the proper length of square post to install.

For Group 2, furnish and install ground mounted pipe support in concrete foundation in accordance with Item 630 of the ODOT Construction and Material Specifications, Standard Construction Drawings TC-42.10 and TC-42.20, and Plan Insert Sheet 204115. Furnish and install triangular slip base connection when specified on the purchase order. The Vendor is responsible for determining the proper length of the pipe support to install.

For Group 3, furnish and install ground mounted structural beam support in concrete foundation in accordance with Item 630 of the ODOT Construction and Material Specifications and Standard Construction Drawings TC-41.10, TC-42.10 and TC-42.20. Furnish and install slip base connection when specified on the purchase order. The Vendor is not responsible for determining the length of the beam support. This information will be provided by the District and included on the purchase order.

For Group 4, furnish and install ground mounted solid wood support in accordance with Item 630 of the ODOT Construction and Material Specifications and Traffic Engineering Manual Section 221-5 and Figure 298-26. The Vendor is responsible for determining the proper length of solid wood support to install. Drill holes as shown in Traffic Engineering Manual Figure 298-26 unless indicated otherwise in the purchase order.

For Group 5, erect ODOT-furnished flat sheet or extrusheet sign or plaque on ground mounted post, pipe, or structural beam support in accordance with Item 630 of the ODOT Construction and Material Specifications, Standard Construction Drawings TC-41.20, TC-51.11 and TC-51.12, and Plan Insert Sheet 204115. For Item 5-1, erect ODOT-furnished flat sheet sign or plaque to ground mounted solid wood support using 5/16 inch by 2-inch galvanized steel hex head lag bolts and flat washers. For Item 5-2, erect ODOT-furnished extrusheet sign or plaque to ground mounted solid wood support using No. 3 u-channel post attached to the wood post with 5/16 inch by 2-inch galvanized steel hex head lag bolts at a maximum spacing of 12 inches and self-aligning aluminum mounting clips. Unit bid price includes picking up the sign or plaque at the ODOT District Office or other location within the District as specified on the purchase order, and transporting to the work site.

For Group 6, erect ODOT-furnished flat sheet or extrusheet sign or plaque on rigid or span wire overhead support in accordance with Item 630 of the ODOT Construction and Material Specifications and Standard Construction Drawings TC-17.11, TC-51.11 and TC-51.12. Unit bid price includes picking up the sign or plaque at the ODOT District Office or other location within the District as specified on the purchase order, and transporting to the work site.

For Group 7, furnish and install breakaway support including foundation and erect ODOT-furnished solar or hard-wired sign assembly in accordance with Item 630 of the ODOT Construction and Material Specifications and Standard Construction Drawings HL-10.13, HL-20.11, and TC-87.10. Unit bid price includes picking up the sign assembly at the ODOT District Office or other location within the District as specified on the purchase order, and transporting to the work site.

For Group 8, furnish and install sign attachment assembly in accordance with Item 630 of the ODOT Construction and Material Specifications and Standard Construction Drawing TC-22.20.

For Groups 9 - 13, remove and dispose of signs and supports in accordance with Item 630 of the ODOT Construction and Material Specifications.

Section 7 Materials to Be Furnished and Installed

All materials furnished and installed under this agreement will be new, original or approved equivalent.

Approval of equivalent items will be at the sole discretion of ODOT and must conform to the current Construction and Material Specifications (C&MS) handbook. Installations and removals must be in compliance with the specifications in this invitation.

Section 8 Specification Statement

Specifications as shown herein are incorporated into the ITB and made a part thereof and are found in the

Ohio Department of Transportation Construction and Material Specifications 2023 Handbook. Handbooks are available online at the following link:

https://www.dot.state.oh.us/Divisions/ConstructionMgt/OnlineDocs/Pages/2023-Online-Spec-Book.aspx

Section 9 Maintenance of Traffic

Traffic shall be maintained at all times in accordance with the provisions of Item 614 in the ODOT Construction and Material Specifications. Where all work activities are confined to the shoulder and no encroachment into the traveled lanes is necessary, the minimum traffic control shall be in accordance with Figure 6H-6 of the 2012 Ohio Manual of Uniform Traffic Control Devices.

All required shoulder and lane closures shall occur only during allowable hours as set forth by the District Work Zone Traffic Manager or the applicable Permitted Lane Closure schedule for the District.

Any hazard during non-working hours shall be adequately protected with drums and/or barricades, as directed by the District Liaison. Where any encroachment on the traveled lanes are necessary, the Vendor shall place lane closures or use flagger control as appropriate in accordance with the 2012 Ohio Manual of Uniform Traffic Control Devices and/or Standard Drawings MT-95.30, MT-95.31, MT-95.32, MT-95.40, MT- 95.41, MT-95.61, MT-97.10, MT-98.10, MT-98.11, MT-98.20, MT-98.22, MT-98.28 and MT-105.10.

Payment shall be at the unit bid price for one traffic control set-up at each location. Where multiple locations are sufficiently close together, the Vendor shall set up and will be paid for one traffic control zone. If work at a location cannot be completed in one day, then payment will be made for an additional set-up to complete the work on another day, and so on if necessary.

Maintenance of traffic shall be paid for each set-up as described in the description for each item and shall include the set-up of traffic control, maintenance of traffic control, and the removal of traffic control.

Section 10 Ownership

All materials provided by the Vendor and accepted as part of the resulting contract will become property of ODOT upon payment.

Section 11 Inspection

All installations will be inspected by the District Liaison or his/her designee within 10 days of completion of the work. The Vendor shall correct any work deemed not acceptable by the District. Payment will be made upon acceptable completion of all work on the purchase order.

Section 12 Late Penalties

On standard completion time purchase orders, work not completed within the installation dates stated in Section 5.5 will be assessed a late fee penalty of 1% plus 0.5% per day for each additional calendar day beyond the installation dates stated in Section 2.3.

On rush completion time purchase orders, work not completed within the installation dates stated in Section

5.6 will be assessed a late fee penalty of 2% plus 1% per day for each additional calendar day beyond the installation dates stated in Section 2.3.

For example, if a ground mounted beam support on a standard completion time purchase order is installed in 130 days (10 days late), a penalty of 1% + (10 x 0.5%) = 6% will be applied. The penalty will be assessed to the entire amount of the purchase order, not just the items completed late.

Allowances will be made in accordance with Item 108 in the ODOT Construction and Material Specifications handbook, or at the discretion of the District.

https://www.dot.state.oh.us/Divisions/ConstructionMgt/OnlineDocs/Pages/2023-Online-Spec-Book.aspx

Section 13 Invoicing and Payment

Approved invoices will be paid provided the Vendor is in compliance with the specifications in this invitation, and the materials and installations are complete and accepted by ODOT.

Section 14: Price Change

All bid pricing shall not increase for the first sixty (60) calendar days after the date of the bid opening.

Thereafter, a request for a price increase may be submitted in writing to the Department’s Office of Contract

Sales along with all documentation that supports the need for the price increase. No price increase will be effective until it is approved by the Department and the Vendor is notified of such approval in writing. The price increase will take effect upon the date the Vendor is notified. In the event that a price increase is accepted by the Department, the Vendor may not seek an additional price increase for at least thirty (30) calendar days. The Department reserves the right to reject any proposed price increase, or to cancel the contract if such action is determined to be in the best interest of the Department.

In the event of a general price decrease, the Department shall be guaranteed full benefit of the price reduction for all undelivered purchase orders on the effective date of the decrease and thereafter. The

Department will be entitled to a price decrease any time the Vendor sells a product or a service to any similarly situated customer for less than the price agreed to between the Department and the Vendor under this Contract. Any time the Vendor sells a product or provides a service to any customer or dealer for less than what it is available to the Department under this Contract, the Vendor must notify the Department of that event within thirty (30) calendar days of its occurrence and immediately reduce the price of the affected goods or services to the Department under this Contract. If the Department believes it is appropriate, it will ask to renegotiate the price under this Contract of the goods and services affected by the general reduction in price. If the Vendor and the Department cannot agree on a renegotiated price, the Department will have the right, upon notice to the Vendor, to immediately remove the affected products and services from this

Contract.

Section 13: Build America Buy America (BABA)

All applicable items on this contract are required to comply with ODOT Proposal Note 133, and other BABA requirements when applicable.

With the bid documents, furnish certification showing the domestic origin of all products covered by PN 133.

On the pricing sheet(s), list if the products being bid are BABA compliant or not. Applicable products without a traceable domestic origin will be treated as a non-domestic product by ODOT. Items without submitted documentation regarding the origin of their products covered by PN 133 may not be considered for award.

Section 11: Bid Procedure

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.

https://www.dot.state.oh.us/Divisions/ConstructionMgt/Specification%20Files/PN133_10202023_for_2023.pdf

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.

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

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STANDARD TERMS & CONDITIONS

I. GLOSSARY

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Confidential Data includes, but is not limited to:

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

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

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

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

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

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

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

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

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

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

II. QUOTE/BID RESPONSE REQUIREMENTS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2. Evidence of collusion among Vendors.

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

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

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

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

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

J. CREATION OF THE CONTRACT: A contract is created between the Vendor and ODOT when ODOT accepts the quote/bid response and an authorized person acknowledges the acceptance in writing. The contract shall become operational only when either a purchase order has been issued or the State of Ohio payment card is presented to the awarded Vendor.

The contract shall contain all the terms and conditions of this RFQ/bid solicitation as well as the accepted responses in the vendor’s quote/bid response, except that no responses may change or alter the terms and conditions of this RFQ/bid solicitation. The contract will be construed in accordance with the plain meaning of its language and neither for nor against the drafting party.

III. REGULATORY CONTRACT REQUIREMENTS

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

B. APPROPRIATION OF FUNDS. Pursuant to Article II, Section 22 of the Ohio Constitution, ODOT’s funds are contingent upon the availability of lawful appropriations. If the General Assembly or any third party who is providing funding fails at any time to continue funding for the payments or any other obligations due by ODOT under this Contract, ODOT will be released from its obligations on the date funding expires. If appropriations are approved, ODOT may continue this Contract past the current biennium by issuing written notice of continuation to the Contractor. Any obligations of ODOT are subject to Section 126.07 of the Ohio Revised Code. The current General Assembly cannot commit a future General Assembly to a future expenditure.

C. CAMPAIGN CONTRIBUTIONS. Unless this Contract was solicited by competitive bid pursuant to Section

125.07 of the Ohio Revised Code, Contractor hereby certifies that all applicable parties are in full compliance with Section 3517.13 of the Ohio Revised Code.

D. COMPLIANCE WITH LAW. The Contractor must comply throughout the duration of the Contract with all applicable federal, state, local laws and Executive Orders while performing under this Contract.

E. CONFLICT OF INTEREST/ETHICS. The Contractor represents, warrants and certifies that it and its employees engaged in the administration or performance of this Contract are knowledgeable of and understand the Ohio Ethics and Conflict of Interest laws including but not limited to Chapter 102 and Sections 2921.42 and 2921.43 of the Ohio Revised Code.

Contractor further represents, warrants, and certifies that neither Contractor nor any of its employees will do any act that is inconsistent with such laws or otherwise presents a conflict of interest.

All vendors who are actively doing business with or seeking to do business with the State and/or with ODOT are expected to perform their business activities in a professional manner and avoid any “perceptions of impropriety.” Vendors will be responsible to review and become familiar with the ethics laws of the state of Ohio. Any vendor who violates Ohio’s ethics laws or any executive order or ODOT policy will be subject to legal penalties up to and including debarment.

ODOT utilizes a variety of methods for establishing contracts for goods, products, and services which include competitive sealed bidding, competitive sealed proposals, direct purchases, reverse auction, multiple award contracts and request for quotes. Processes for implementing these methods have been developed to ensure fair and equal treatment of all vendors participating in the purchasing activity. Any vendor that attempts to influence the evaluation and/or award of a contract either directly or through an outside agent or representative will be disqualified and will not be able to participate in the purchasing activity. In addition, a vendor who attempts to influence an evaluation or award will be subject to penalties set forth by law up to and including debarment from doing business with ODOT and/or the state of Ohio.

Suspected violations of ODOT purchasing statutes, rules, policies, or guidelines, or of Ohio’s ethics laws, executive orders by any employee of the State or a vendor are to be reported to the Agency Procurement Officer(s) or APO. The APO will advise the Chief Legal Counsel who may take appropriate action. If necessary or appropriate, the matter may be referred to the Inspector General, the Ohio Attorney General and/or the Ohio Ethics Commission for resolution.

F. TRADE. The Contractor warrants that the Contractor is not subject to an unresolved finding for recovery pursuant to Section 9.24 of the Ohio Revised Code. If the warranty is false on the date the parties signed this Contract, the Contract is void ab initio, and the Contractor shall immediately repay any funds paid under this Contract.

G. DEBARMENT. The Contractor represents and warrants that neither it, nor any of its subcontractors, are debarred from consideration for contract awards by any governmental agency. If this representation and warranty is found to be false, this Contract is void ab initio, and the Contractor shall immediately repay any funds paid under this Contract.

H. DRUG FREE WORKPLACE. The Contractor agrees to comply with all applicable state and federal laws regarding drug-free workplace and shall make a good faith effort to ensure that all Contractor employees, while working on ODOT property or performing work on behalf of ODOT, will not purchase, transfer, use, be under the influence of, or possess illegal drugs, non-medical cannabis (recreational marijuana), or alcohol, or abuse prescription drugs or medical marijuana in any way.

I. EQUAL EMPLOYMENT OPPORTUNITY. The Contractor will comply with all state and federal laws regarding equal employment opportunity and fair labor and employment practices, including Section 125.111 of the Ohio Revised Code and all related Executive Orders.

Before a contract can be awarded or renewed, an Affirmative Action Plan must be submitted to and approved by the State of Ohio.

J. PROHIBITION OF THE EXPENDITURE OF PUBLIC FUNDS FOR

OFFSHORE SERVICES. No State Cabinet Agency, Board or Commission will enter into any contract to purchase services provided outside of the United States or that allows State Data to be sent, taken, accessed, tested, maintained, backed-up, stored, or made available remotely outside (located) of the United States, unless a duly signed waiver from the State has been attained. Notwithstanding any other terms of this Contract, the State reserves the right to recover any funds paid for services the Contractor performs outside of the United States for which it did not receive a waiver. The State does not waive any other rights and remedies provided to the State in the Contract.

Further, no State agency, board, commission, State…