313B_Spec__05_27_25__Bid.pdf

Invitation No. 313B-26

ITB 313B Culvert Maintenance 5/27/25

REQUIREMENTS/SPECIFICATIONS

Section 1: Intent

The purpose of this invitation to bid is to establish term contract pricing for:

1. furnishing, installing, and grouting joints seals in existing conduits

2. furnishing joints seal materials only

3. furnishing Geosynthetic Cementitious Composite Mat (936) materials only

Vendors may bid on one, more than one, or all(3) options listed on this contract. Vendor is not required to bid on each type of work.

Section 2: Multiple Award

Due to the nature of the items and services required or when a specific job is to be performed, the Department will accept all responsive bids submitted on or before the specified bid opening date and make an award to all responsive bidders. Therefore, this invitation constitutes a multiple award as set out in Section 5513.02 of the Ohio Revised Code.

Vendors may bid on one, more than one, or all sections of this contract.

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.

Note: 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. New rounds may be the result of an addendum, extensions, etc.

Note: 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

As needs arise, Districts will review a tabulated list of the multiple awarded vendors who submitted a bid, and determine the vendor deemed to have the lowest responsible cost to the Department.

An award does not guarantee that your company will receive a purchase order during the term of this contract, or that material will be released against an issued purchase order.

Manufacturer’s names, trade names, brand names or catalog numbers are used only for description and to establish a market reference of the acceptable quality sought by the State.

Other brand names found to be of equal quality will be considered.

Purchasing Off Contract Activity

ODOT reserves the right to utilize its direct purchasing authority and purchase from other sources off contract when responsive bidders are unable to meet the requirements of this contract.

Additionally, the Department may choose to issue out to bid a construction contract for any services covered under this contract.

Section 3: Contract Duration

The effective duration of this agreement shall be from the Date of Award through December 31, Project Locations

The projects will be located within the counties of each of the twelve (12) Districts in the State of Ohio, as per the enclosed map. The locations provided below are the District Headquarters.

NOTE: Purchase orders when issued, will detail specific project locations within a District.

District 1 – Lima District 7 – Sydney

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

Section 4: Traffic Control

At the discretion of ODOT, either the Vendor or ODOT may provide traffic control for a project. The vendor shall provide pricing for traffic control, in the event they are required to provide this service.

See pricing pages to provide cost.

Vendor will provide the necessary traffic control signing for the specified location. No lane closures will be permitted, unless deemed necessary by the District Highway Management Administrator, or District designee. Upon approval from the District Highway Management Administrator, or District designee, vendor will provide traffic control per OMUTCD. All staging areas and work will be in coordination with ODOT.

Payment for traffic control will be awarded for continuous flagging operations or lane closure(s), per preceding paragraph.

Advanced warning signs for shoulder work ahead, lane closure if permitted, or other signs providing notice, are to be considered as incidental to the various types of work performed.

Intermittent traffic stops by the vendor are not considered continuous flagging operations.

Vendor must provide ODOT with all traffic control setup/plan prior to erecting traffic control. Any questions relating to payment for traffic control shall be addressed at this time.

Where multiple sites exist for a project, and if a flagging operation is required for only a limited number of sites, the vendor and ODOT shall determine the sites where this is necessary, and coordinate sites in succession for these operations, or in such a manner that it eliminates downtime during the day. Flagging operations will only be paid for the sites requiring a flagging operation.

Section 5: Environmental Requirements

ODOT will coordinate with the District Environmental Coordinator (DEC) to perform an environmental review of the project sites and identify any environmental issues. ODOT will obtain the necessary permits for each site.

The vendor shall comply with the provisions of all environmental permits issued for each specific project location. Restrictions can include the location and timing of work, material utilized, curing water removal, tree removal, etc.

It will be the responsibility of the vendor to ensure they have a copy of the Permit(s) prior to the start of work.

Section 6: CONDUIT INTERNAL JOINT SEAL

Furnish and install an internal joint seal to repair failing joints and prevent soil infiltration on structurally sound culverts and storm sewers for various project locations.

Provide an internal joint seal that has a minimum 50 year service life.

6.1 Material

The internal joint seal will be composed of either mechanical expansion bands with locking assembly, a fiberglass based resin point repair, or an approved equal.

6.2 Pre-Installation Inspection.

Verify the size, material and shape availability to perform the repair with the manufacturer.

Provide a quality control inspection procedure to the engineer for acceptance prior to perfoming the repair.

Ensure the interal joint seal will extend a minimum of 4 inches from either side of the joint or greater as specified by the manufacturer.

6.3 Preparation.

Clean and remove all dirt and debris prior to instalation of the internal joint seal.

Fill the voids with non-shrink, non-metallic grout per 705.20. Seals can be supplied without test valves.

6.4 Installation.

Compress the internal joint seal against the internal diameter of the pipe covering the joint to provide a watertight seal continuously for the entire conduit circumference.

Install the internal joint seal per the requirements of the manufacturer.

The internal joint seal, labor, equipment and any other incidentals necessary to complete the work are included as part of the work.

6.5 Availability/Delivery: When the Department requires the service of the contract, the District will contact an awarded vendor and schedule site visits for all work locations.

6.6 Mandatory Site Visit(s): Before the acceptance of any work pursuant to this agreement, the ODOT and vendor(s) shall conduct a site visit for each proposed work location(s) to determine the scope of work, methods of installation, project start and completion dates, and to identify any potential project challenges.

6.7 As a result of the site visit, the vendor(s) may choose to decline any of the proposed projects and ODOT shall be able to move on to another awarded vendor to complete the work. It is the responsibility of the vendor to properly inspect the work location before agreeing to complete any work pursuant to this agreement.

6.8 ODOT shall not be held liable for extra costs incurred by the vendor for conditions that were known and evident upon inspection(s) of the work location(s). Unforeseen conditions that result in additional work needed shall be negotiated and agreed upon between the vendor and ODOT prior to any work being performed.

6.9 Acceptance of Work to be Performed: If after the site visit(s) the vendor accepts the project and the ODOT has agreed to the vendor’s proposed method of installation and project timeline, the ODOT will issue a separate purchase order for each specific project location. This shall serve as the agreement between both parties for the work to be performed within the agreed upon timeframe (i.e. Project Start and Completion dates).

Note: Any changes to the originally agreed upon installation method or project schedule for the selected material shall be mutually agreed upon by both parties prior to any work (or further work if project has already commenced) being completed on the project. ODOT reserves the right to reject the vendor’s proposed method of installation if it feels that it would not be in the best interest of the Department. If a method of installation cannot be mutually agreed upon, the Department may cancel the agreement (i.e. Purchase Order) for that location and move onto another awarded contract vendor.

6.10 Restoration: Vendor is to restore the work zone area to the original condition. This may include but is not limited to: all disturbed soil shall be restored, any excavated soil shall be restored per appropriate approved methods (benching if necessary), any and all clearing and grubbing necessary to complete installation shall be incidental to the cost of operation. Provide necessary seeding and mulching. All work shall be in accordance with 650 Roadsides in the CMS.

6.11 Mobilization

The vendor will submit a lump sum mobilization cost for each District they bid. See attached pricing sheet for additional details.

Since one project may consist of up to four sites, ODOT will compensate the awarded vendor a lump sum plus mileage for the second, third, and fourth sites, if applicable. Compensation will be a lump sum of $150.00 for each additional site plus mileage. One vehicle for equipment and one vehicle for material will be paid at a rate of $0.655 per mile. If one vehicle is used for both equipment and material, then the mileage compensation will only apply to that vehicle. Example:

An equipment vehicle and material vehicle traveled 15 miles from site one to site two. The awarded vendor would receive $150.00 + (15 miles) x $.655 + (15 miles) x $.655 = $169.65

6.12 Method of Measurement

The Department will measure:

• Conduit Joint Seal – Each

6.13 Basis of Payment:

Unless otherwise stated, payment for Joint Seal includes pipe cleaning, pipe preparation, flow bypass, Seals, Bands, water, equipment, labor, testing, inspections, cleanup, and all other work required to complete the specified items.

6.14 Prevailing Wages

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

Prevailing Wage Threshold Levels Link https://com.ohio.gov/divisions-and-programs/industrial-compliance/wage-and-hour/guides-and-resources/prevailing-wage-threshold-levels https://com.ohio.gov/divisions-and-programs/industrial-compliance/wage-and-hour/guides-and-resources/prevailing-wage-threshold-levels https://com.ohio.gov/divisions-and-programs/industrial-compliance/wage-and-hour/guides-and-resources/prevailing-wage-threshold-levels

Prevailing Wage Information about Ohio’s prevailing wage laws.

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

Prevailing Wage on State Projects with NO Federal Aid(PN 060 – 04/20/2018) https://www.dot.state.oh.us/Divisions/ConstructionMgt/Specification%20Files/PN060_04202018_fo r_2023.pdf

Vendor shall be responsible for verification of current classification rates for work location(s).

Prevailing wage rates may change throughout the life of the project and is the responsibility of the vendor to be in line with current rates.

https://wagehour.com.ohio.gov/w3/webwh.nsf/wrlogin/?openform

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

▪ The physical place or places where the building or work called for in the contract will r emain after the work is completed.

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

1. Are located adjacent or virtually adjacent (within a two mile radius) to the site of the work described above.

and

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

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

Section 7: GEOSYNTHETIC CEMENTITIOUS COMPOSITE MAT (Materials Only)

7.1 Intent

The purpose of this invitation to bid is to establish term contract pricing for materials that meet ODOT Supplemental Specification 936. A separate pricing sheet has been established for the materials. This contract includes all ODOT Districts.

7.2 Specifications and Special Conditions

The material provided shall be in accordance with the following, but not limited to, current approved Ohio Department of Transportation (ODOT) Specifications:

• ODOT Construction and Material Specifications (Spec Book)

• Supplemental Specification 936

The following link contains the above mentioned Specifications http://www.dot.state.oh.us/Divisions/ConstructionMgt/OnlineDocs/Pages/ProposalNotesSupplemen talSpecificationsandSupplements.aspx https://ohio.gov/wps/portal/gov/site/jobs/resources/prevailing-wage https://www.dot.state.oh.us/Divisions/ConstructionMgt/Specification%20Files/PN060_04202018_for_2023.pdf https://www.dot.state.oh.us/Divisions/ConstructionMgt/Specification%20Files/PN060_04202018_for_2023.pdf https://wagehour.com.ohio.gov/w3/webwh.nsf/wrlogin/?openform http://www.dot.state.oh.us/Divisions/ConstructionMgt/OnlineDocs/Pages/ProposalNotesSupplementalSpecificationsandSupplements.aspx http://www.dot.state.oh.us/Divisions/ConstructionMgt/OnlineDocs/Pages/ProposalNotesSupplementalSpecificationsandSupplements.aspx

7.3 Material Properties

Refer to Supplemental Specification 936 for material properties.

7.4 Safety Data Sheets

All Technical Specifications and Material Safety Data Sheets will be submitted with bid.

7.5 Method of Measurement

Square feet of material. See pricing sheet for details.

7.6 Basis of Payment:

Payment will be per square foot of material.

7.7 Delivery

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

7.8 Delivery Hours

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

7.9 Safety Data Sheets

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

7.10 Minimum Order ($500.00)

The minimum order will be $500.00 for items to be shipped F.O.B. to the destination at the unit price quoted. Orders amounting to less than the minimum will be shipped at the unit price quoted, prepaid with freight/shipping charges added to the invoice. Copies of freight/shipping charges are to be included with the invoice.

State of Ohio, Department of Transportation (ODOT) Office of Contract Sales, Purchasing Services OhioBuys

Terms and Conditions for Submitting Excel Pricing File in Bid Package If an Excel File is Present in OhioBuys

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

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

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

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

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

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

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

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 sublets part of the contract to be performed.

STANDARD CONTRACT TERMS AND CONDITIONS

(Last Revised 11/8/23)

1. HEADINGS: The headings used in this Contract are for convenience only and shall not be used to affect the interpretation of any of the Contract terms and conditions.

2. ENTIRE CONTRACT: This Contract consists of the complete procurement, including the Instructions, Terms and Conditions for Bidding, these Standard Contract Terms and Conditions, the Special Contract Terms and Conditions, ODOT Cooperative Purchasing Program Requirements, mutually executed Signature Page, Specifications and Requirements, awarded unit bid pricing, and any written addenda to the procurement; the completed competitive sealed bid, including proper modifications, clarifications and samples; and applicable, valid State of Ohio purchase orders or other ordering documents (“Contract”).

3. APPROPRIATION OF FUNDS. Pursuant to the Constitution of the State of Ohio, Article II Section 22, ODOT’s funds are contingent upon the availability of lawful appropriations by the Ohio General Assembly. If the Ohio General Assembly fails at any time to continue funding for the payments or obligations due hereunder, the Work under this Contract that is affected by the lack of funding will terminate and ODOT will have no further obligation to make any payments and will be released from its obligations on the date funding expires.

The current Ohio General Assembly cannot commit a future Ohio General Assembly to a future expenditure. If the term of this Contract extends beyond a biennium, the Contract will expire at the end of a current biennium and the State may renew this Contract in the next biennium by issuing written notice to the Vendor no later than July 1 of the new biennium. The operating biennium expires June 30th of each odd-numbered calendar year.

4. OBM CERTIFICATION: None of the rights, duties, or obligations in this Contract will be binding on the Department, and the Vendor will not begin its performance, until all of the following conditions have been met:

1. All statutory provisions under the O.R.C., including Section 126.07, have been met; and

2. All necessary funds are made available by the Ohio Office of Budget and Management; or

3. If ODOT is relying on Federal or third-party funds for this Contract the ODOT gives the Vendor written notice that such funds have been made available.

5. CONTRACT MODIFICATIONS: Amendments or modifications to this Contract must be executed in writing between the parties and signed by the Director of ODOT.