178-26_Bid_Document.pdf

ITB 178-26 Traffic Monitoring Equipment/Supplies

Equipment Purchase of Traffic Monitoring Collection Devices & Related Items

Section 1: Intent

The Ohio Department of Transportation (ODOT) is soliciting proposals to enter contract for purchase of Traffic Monitoring related devices and equipment such as side-fired radar detectors, traffic counters, AI collection devices, communication devices, cabinets and related hardware, poles, solar/charging systems, and batteries. To ensure compatibility with existing ATR (Automatic Traffic Recorder) infrastructure.

Section 2: Contract Duration

The effective duration of this contract shall be twelve (18) months from the date of the award.

Section 3: Free on Board (F.O.B) Place of Destination

Please be advised, the vendor must honor any bid price submitted in this Invitation to Bid for all ODOT’s twelve (12) Districts and eighty-eight (88) counties in the State of Ohio. All deliveries shall be Free on Board (F.O.B.) to any of ODOT’s twelve (12) Districts and eighty-eight (88) county destination locations in the State of Ohio, as per the enclosed map. Purchase orders when issued will detail specific destination points.

The Department will not accept any additional charges for these deliveries.

District 1 - Lima District 7- Sidney

District 2 - Bowling Green District 8 - Lebanon

District 3 - Ashland District 9 - Chillicothe

District 4 - Akron District 10 - Marietta

District 5 - Jacksontown District 11 - New Philadelphia

District 6 - Delaware District 12 - Garfield Heights

Central Garage - Columbus (CG) ODOT Central Office - Columbus (OTS)

Section 4: Delivery

Delivery shall be made within:

sixty (60) calendar days for all equipment, ninety (90) calendar days for all cabinets, and one-hundred twenty (120) calendar days for all poles.

upon written or verbal notification of a valid State of Ohio purchase order. Delivery beyond these specified timeframes is subject to ODOT approval with proper written documentation from the manufacturer stating a delay in materials/ production.

4.1: Delivery Hours

All deliveries shall be made between the hours of 7:00 a.m. and 4:00 p.m., Monday through Thursday, excluding State holidays, unless special permission is granted by the Department to temporarily waive or adjust this requirement.

Section 5: Multiple Award

ODOT will accept all responsive bids submitted on or before the specified bid opening date and make an award to all responsive and responsible vendors. There are no guarantees that all responsive bidders will be assigned purchase orders.

Section 6: Quantities Undefined

There shall be no guarantee as to the occurrence or amount of purchasing activity for this agreement.

Quantities are undefined.

Section 7: Purchase Orders

A written or digital purchase order will be issued by the ODOT Project Manager or their designee. The purchase order will specify the device or equipment and amount desired. ODOT may issue purchase orders via email with pdf attachments.

Section 8: Product Specifications

Vendors are required to provide the requested OEM or approved non- OEM repair parts as listed by part number or an approved equal that will be fully compatible with existing material. It will be the vendor’s responsibility to verify that non-OEM parts meet or exceed the requirements of OEM parts. If no part number is listed, it can be assumed that various models of devices / equipment may be approved to be acceptable.

Vendors shall include any technical support required either in the field or telephone on an hourly basis to resolve any malfunction.

Section 9: Materials and Equipment

Equipment and materials furnished shall be new and free of defects. Electrical parts, switches, and other elements of the installation shall be of ample capacity to carry the required current without excessive heating or drop of potential.

Standard industrial quality components (IC chips, transistors, diodes, resistors, capacitors, etc.) shall be used wherever possible. These components shall be clearly identified with the original identification. Other vital information such as voltage polarity, emitter or collector terminals, pin locations, etc., shall be designated by an approved industrial procedure. All components shall be available and in production by a reputable manufacturer.

Major items or assemblies of equipment shall bear a nameplate, indelible marking or brand that shall identify it as to type, model, catalog number and manufacturer.

Section 10: Warranty

Manufacturers' guarantees or warranties on all equipment shall be transferred to ODOT upon delivery and acceptance of the equipment.

Equipment furnished under this contract will be guaranteed to perform according to these specifications and to the manufacturer's published specifications. Equipment shall be guaranteed for a minimum of three (3) years. All parts and materials shall be labeled with the date shipped, vendor’s name, and warranty expiration date. This label shall be weatherproof and shall be fixed to each piece of material provided. If a label is not present at the time of receipt of the product, payment will not be processed until the label is attached.

Defective equipment shall be repaired or replaced within 30 days upon receipt by the vendor, at the manufacturer's option, during the warranty period at no cost to the Department.

This warranty responsibility to ODOT may be transferred from the Contractor’s responsibility to the manufacturer if written documentation is provided and accepted by ODOT. This warranty applies to all groups.

Section 11: Bid Submission and Signature Process

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.

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.

Section 12: Purchase Items – Item Descriptions, Measurement and Payment

Purchase Items and further descriptions.

Section 12.1: Traffic Monitoring Equipment to Stock

12.1.1 Wavetronix Smart Sensor HD to stock

A. Wavetronix SSHD Package – including sensor, all ancillary items, click! 200 and 60’ pigtail B. Wavetronix SSHD Sensor with bracket only C. Wavetronix Click! 200 Power Communication/Surge Module D. Wavetronix SSHD Pigtail, 60’ E. Wavetronix SSHD Pigtail, 40’ F. RS-485/USB Mini-Converter (Connects Laptop to Click!200 RS-485 Bridge Port)

Provide ODOT with the listed item, packaged and delivered to ODOT, or as directed by Project Manager. Sensors and Packages must include warranty cards. All items must be new and in original packaging from the manufacturer.

Measurement and Payment Wavetronix Items shall be paid as each and include all freight and delivery charges.

12.1.2 Q-Free/TDC HI-TRAC

EMU Traffic Counters A. Hi-Trac EMU3 – For a 2-lane site application, classifier unit (Loop-Piezo-Loop) B. Hi-Trac EMU3 – For a 2-lane site application, WIM unit (Piezo-Loop-Piezo) C. Hi-Trac EMU3 – For a 4-lane site application, classifier unit (Loop-Piezo-Loop) D. Hi-Trac EMU3 – For a 4-lane site application, WIM unit (Piezo-Loop-Piezo) E. Hi-Trac EMU3 – For a 6-lane site application, classifier unit (Loop-Piezo-Loop) F. Hi-Trac EMU3 – For a 6-lane site application, WIM unit (Piezo-Loop-Piezo) G. Hi-Trac EMU3 – For an 8-lane site application, classifier unit (Loop-Piezo-Loop) H. Hi-Trac EMU3 – For an 8-lane site application, WIM unit (Piezo-Loop-Piezo)

TMU Traffic Counters I. Hi-Trac TMU4xLS – For a 16-lane site application, classifier unit (Loop-Piezo-Loop) J. Hi-Trac TMU4xLS – For a 16-lane site application, WIM unit (Loop-Piezo-Loop)

Micro Mobility Counter

K. Hi-Trac CMU

Traffic Simulator/Bench Test Device L. HI-TRAC Traffic Simulator, Counter Bench Test Device

Temperature Probe M. Road Installed Thermistor, Type Tprobe-25m N. Road Installed Thermistor, Type Tprobe-50m

12.1.3 Kistler

WIM Data Logger 5204AC

A. WIM Data Logger, 4 channels (2 lane capable) (charge input)(SAP#18027234) B. WIM Data Logger, 8 channels (4 lane capable) (charge input) (SAP#18027235) C. WIM Data Logger, 8 charge/piezo channels, 16 loop inputs (4 lane capable) (BL support)

(SAP#18044912)

Pre-Wired System Components for WIM Data Logger 5204AC D. Pre-Wired System Components with standard loop card (FEIG M4D) (SAP#55140423)

Accessories for WIM DataLogger 5204AC E. Standard loop card, for up to 4 inductive loops (FEIG M4D) (SAP#18030511) F. Fast loop card, for up to 4 induction loops (FEIG S4) (SAP#18044304)

Lineas 9195GC… G. Lineas WIM sensor, charge output, length = 1,50 m, cable = 40 m (SAP#18030080) H. Lineas WIM sensor, charge output, length = 1,50 m, cable = 100 m (SAP#18030081) I. Lineas WIM sensor, charge output, length = 1,75 m, cable = 40 m (SAP#18030082) J. Lineas WIM sensor, charge output, length = 1,75 m, cable = 100 m (SAP#18030083) K. Lineas WIM sensor, charge output, length = 2,00 m, cable = 40 m (SAP#18030084) L. Lineas WIM sensor, charge output, length = 2,00 m, cable = 100 m (SAP#18030085)

Lineas 9196AC…T M. Lineas Compact WIM sensor, charge output, length = 1,75 m, cable = 40m

(SAP#18034950)

N. Lineas Compact WIM sensor, charge output, length = 1,75 m, cable = 100m

(SAP#18035115)

O. Lineas Compact WIM sensor, charge output, length = 2,00 m, cable = 40m

(SAP#18035117)

P. Lineas Compact WIM sensor, charge output, length = 2,00 m, cable = 100m

(SAP#18035118)

Auxiliary Product for Lineas Installation Q. Grouting Compound for Lineas sensors (all types) (SAP#180000000)

12.1.4 MioVision

A. Miovision Core DCM B. Core DCM Module (Update from CTM only) C. Miovision Core CTM D. SmartView 360 Camera (Heated, Bell Only, Gray) E. Miovision SmartView Approach F. Miovision Detection G. Miovision Detection Plus H. Miovision Counts I. Miovision Continuous Safety J. Miovision Communications K. Miovision Adaptive L. Miovision Core DCM System Complete with SmartView360 Camera, Pole Mounting

Bracket/Hardware, 150ft CAT5e Outdoor Rated Ethernet Cable and Ruggedized TrafficLink Antenna

M. Miovision Communications and Traffic Operations, inludes Movision One web-based management including configuration of modules AND Video Analytics Module with video analysis, detection for permanent count system. Includes perpetual counts and classifications per location (Perpetual to the life of the hardware).

12.1.5 Leetron

A. Leetron Vision AI Count system package, permanent application, single fixed camera for solar operation.

B. Leetron Vision AI Count system package, permanent application, single fixed camera for A/C operation.

C. Leetron Vision AI Count system package, portable application D. Leetron Vision AI Count system package, permanent application, two cameras for solar operation E. Leetron Vision AI Count system package, permanent application, two cameras for A/C operation.

12.1.6 IRD

A. IRD iTHEIA system package, fixed camera for solar operation with cabinet B. IRD iTHEIA system package, fixed camera for solar operation without cabinet C. IRD iTHEIA system package, fixed camera for A/C operation with cabinet D. IRD iTHEIA system package, fixed camera for A/C operation without cabinet

12.1.7 Rekor

A. Rekor AI system package, fixed camera for solar operation with cabinet B. Rekor AI system package, fixed camera for solar operation without cabinet C. Rekor AI system package, fixed camera for A/C operation with cabinet D. Rekor AI system package, fixed camera for A/C operation without cabinet

Measurement and Payment

Traffic Counter, as specified, shall be paid as each, and include all freight and delivery charges.\

Section 12.2: Solar & Solar Components to Stock

12.2.1 Solar Panel to Stock

A. 165 Watt to 200 Watt Solar Panel to Stock B. 200 Watt or larger Solar Panel to Stock

Provide specified size solar panel for a 12-volt system along with a solar cable, stainless steel noncorrosive mounting brackets and hardware. The cable shall go from the solar panel junction box to the top interior corner furthest from the entrance of the cabinet. The cable should be 2 conductors colored red and black and include a ground conductor. Provide ODOT with the listed item, packaged and delivered to ODOT, or as directed by Project Manager. All items must be new and in original packaging from the manufacturer.

Solar Panel, as specified, shall be paid as each, and include all freight and delivery charges.

12.2.2 Solar Panel Feed Wire to Stock

Two conductors 10-gauge wire. Conductors shall one red and one black wire with a sheathing to Combine them as a pair.

Paid by the foot as specified, shall be paid as each, and include all freight and delivery charges.

12.2.3 Solar Controller to Stock

A. Morningstar-PS-15m 15 AMP 12/24 vol dc solar charge controller (PS-15m) Solid signal (with meter)

B. Morningstar-PS-30m 30 AMP 12/24 vol dc solar charge controller (PS-30m) Solid signal (with meter)

Solar Controller, as specified, shall be paid as each, and include all freight and delivery charges.

Section 12.3: Poles and Transformer Bases to Stock

12.3.1 Technical Services, Approved Design 15’ Radar/Solar Pole with ODOT Type AT-C Transformer Base

12.3.2 Technical Services, Approved Design 30’ Radar/Solar Pole with OODT Type AT-C Transformer Base

12.3.3 Technical Services, Approved Design 50’ Radar/Solar Pole with ODOT Type AT-C Transformer Base

12.3.4 Frangible Transformer Base ODOT Type AT-A, 1975 AASHTO Criteria

12.3.5 Frangible Transformer Base ODOT Type AT-C, 1975 AASHTO Criteria

In any Purchase Order that includes poles, a minimum quantity of 10 poles shall be specified.

Furnish aluminum light pole in conformance with Traffic Monitoring Technical Services approved poles, ODOT Specification 625, shown in Attachment A. See ODOT Standard Traffic Construction Drawing, HL-10.11 Light Pole Styles, and HL-10.12 Light Pole Details, for definition of Aluminum Light Pole Design Number.

http://www.dot.state.oh.us/Divisions/Engineering/Roadway/DesignStandards/traffic/SCD/Pages/C urrentHighwayLighting(HL)SCDs.aspx

The aluminum pole shall include all holes, fittings, blind half couplings, cap, weatherheads and welds necessary to route all sensors and the solar panel wires into the cabinet.

Furnish pedestal transformer base in conformance with Traffic Monitoring Technical Services approved poles and ODOT Standard Traffic Construction Drawing TC-83.20, Cabinet Foundations & Pedestals, and HL-10.13 Pole Base Details http://www.dot.state.oh.us/Divisions/Engineering/Roadway/DesignStandards/traffic/SCD/Pages/C urrentTrafficControl(TC)SCDs.aspx.

Furnish anchor bolts per Traffic monitoring, Technical Services approved poles.

Furnish and install aluminum or nonmetallic caps for all open fittings and an aluminum pole cap. If caps or plugs are aluminum, Never Seize must be used liberally at each fitting. If caps or plugs are nylon material, Never Seize is not required.

Proper connections and fittings are required per Attachment A. All holes, fittings, threads, and welds are to be factory installed on the pole. Pole cut sheets must be approved by ODOT project manager before order or be supplied from Traffic Monitoring, Technical Services approved pole list.

Pole, transformer pedestal base, anchor bolts, caps, hardware shall all be compatible.

Measurement and Payment Payment shall be for all items furnished and installed in Technical Services Light Pole with Transformer base, furnish, and install description. Payment shall be made as each.

Section 12.4: Cabinets, Pole Mounted to Stock

12.4.1 Cabinet, NEMA size 3, Pole Mounted to stock.

12.4.2 Cabinet, NEMA size 5, Pole Mounted to stock.

Supply a cabinet and deliver to ODOT storage for future use. Include an aluminum LB to connect to the pole.

Cabinet cut sheets shall be approved by ODOT Project Manager or be from Traffic Monitoring, Technical Services approved list of cabinets. Currently, the following cabinet has been approved by Technical Services for use:

Size 3 = Dudlik – DELSD-412516 ordered with specifications outlined below.

Size 5 = Dudlik Enclosures – DELSD-503017 ordered with specifications outlined below.

http://www.dot.state.oh.us/Divisions/Engineering/Roadway/DesignStandards/traffic/SCD/Pages/CurrentHighwayLighting(HL)SCDs.aspx http://www.dot.state.oh.us/Divisions/Engineering/Roadway/DesignStandards/traffic/SCD/Pages/CurrentHighwayLighting(HL)SCDs.aspx http://www.dot.state.oh.us/Divisions/Engineering/Roadway/DesignStandards/traffic/SCD/Pages/CurrentTrafficControl(TC)SCDs.aspx http://www.dot.state.oh.us/Divisions/Engineering/Roadway/DesignStandards/traffic/SCD/Pages/CurrentTrafficControl(TC)SCDs.aspx

All cabinets shall:

1) Non-corrosive stainless straps, minimum of 2 for size 3

2) Include two (2) adjustable shelves; movement required is up and down.

3) Include adjustable C-Channels for horizontal and vertical adjustment.

4) Be keyed to an ODOT standard #2 key.

5) No police door.

6) 3” IMC Aluminum LB that connects from pole to cabinet

7) All threaded fittings used with LB shall be aluminum.

8) Use cabinet manufacturer supplied mounting bracket to pole. Preferred bracket uses 2 threaded holes for mounting hardware.

9) Use anti seize compound on all fasteners.

10) Use 1/8-inch screening on all vents. Supply one extra filter for each vent.

11) All joints and holes shall be sealed.

12) Include manufacturer documentation and model number.

All items must be new and in original packaging from the manufacturer.

Measurement and Payment The contract unit price for each cabinet, to stock, shall be full compensation for all work described in this section and shall include the cabinet, LB, and delivery to stock location. Payment shall be made as each.

Section 12.5: Batteries to Stock

12.5.1 6V 12Ah SLA, Sealed Lead Acid Rechargeable Battery

• Model number 2ukk6

• 6V battery should have F2 terminals (F2 is the “thicker” terminal)

• Max dimensions = Length 6 inches, Width 2 inches, Height 3.75”

12.5.2 12V 35Ah SLA, Sealed Lead Acid Rechargeable Battery AGM Deep Cycle

• Nut and Bolt Terminals Required

• U1 Size

12.5.3 12V 75Ah SLA, Sealed Lead Acid Rechargeable Battery AGM Deep Cycle

• Nut and Bolt Terminals Required

• Max dimensions = Length 12 inches, Width 7.5 inches, Height 10 inches

All batteries are required to have carrying handle/s

Batteries, as specified, shall be paid as each, and include all freight and delivery charges.

Section 12.6: Compact Wind Turbine Generator to Stock

Supply a compact wind turbine generator that can be used as a supplemental power source alongside solar in a permanent ATR traffic monitoring location. Application to mount on top of/to highway lighting poles.

Wind turbines, as specified, shall be paid as each, and include all freight and delivery charges.

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.

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

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 and considerable usage life.

6. F.O.B. PLACE OF DESTINATION: meaning the Vendor pays, and includes the cost of such in their bid, and bears the risk for the transportation/delivery of goods delivered to the specified locations provided by the Purchaser.

7. PROCUREMENT/CONTRACT: 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 then becomes the contract between ODOT and the successful bidder, both governed by the laws of the State of Ohio.

8. INVOICE: An itemized listing showing delivery of the commodity or performance of the service described in the order, and the date of the purchase or rendering of the service, or an itemization of the things done, material supplied, or labor furnished, and the sum due pursuant to the contract or obligation.

9. LOWEST RESPONSIVE\RESPONSIBLE BIDDER: A bidder who offers the lowest cost for the goods or services listed in the bid; and whose proposal responds to bid specifications in all material respects and contains no irregularities or deviations from the specifications which would affect the amount of the bid or otherwise give him a competitive advantage;

and whose experience, financial condition, conduct and performance on previous contracts, facilities, management skills evidences their ability to execute the contract properly.

10. MINORITY BUSINESS ENTERPRISE (MBE): means an individual, partnership, corporation or joint venture of any kind that is owned and controlled by U. S. Citizens and residents of Ohio, who are and have held themselves out as members of the following socially and economically disadvantaged groups. Only businesses certified by the State of Ohio Equal Opportunity Division in accordance with Section 123.151 of the Ohio Revised Code shall be recognized as being MBE certified within the purpose of this invitation.

11. MATERIALS: Items or substance of an expendable or non-expendable nature from which something can be made, improved or repaired.

12. PURCHASE: To buy, purchase, installment purchase, rent, lease, lease purchase or otherwise acquire equipment, materials, supplies or services. "Purchase" also includes all functions that pertain to obtaining of equipment, materials, supplies or services, including description of requirements, selection and solicitation of sources, preparation and award of contracts, and all phases of contract administration.

13. 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.

14. SPECIFICATION: Any description of the physical or functional characteristics or of the nature of supplies, equipment, service, or insurance. It may include a description of any requirements for inspecting, testing, or preparing supplies, equipment, services, or insurance.

15. SUPPLIES: Provisions and items normally considered expendable or consumable.

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

17. VENDOR: The bidder who, upon awarding of a contract, then becomes a Vendor who is considered to be a primary source for providing the goods and/or services included in the awarded contract and the party to whom payment will be made upon delivery of the goods and/or completion of the contract.

18. SUBVENDOR/SUBCONTRACTOR: An individual, firm or corporation to whom the Vendor…