352-26_bid_spec_-_MRU_Data_Collection_and_Reporting.pdf

ITB 352-26

ITB 352-26 Pavement Marking Mobile Retroreflectivity Data Collection and Reporting

REQUIREMENTS/SPECIFICATIONS

Section 1 Intent

The Ohio Department of Transportation (hereafter referred to as the Department) is seeking bids for dry pavement marking retroreflectivity measurements collected with a 30-meter mobile retroreflectometer unit (MRU). The purpose of this project is to perform activities related to acquiring retroreflectivity data.

This will eliminate the personnel safety issue related to data collection by handheld devices. Using mobile instruments will provide immediate feedback to establish pavement marking needs and will aid the

Department in the Quality Control/Quality Assurance of pavement markings placed on state highways.

Section 2 Split Award

This is a split award contract awarded by District based on its mobilization cost in Group 2 plus the grand total cost of Group 1 (data collection and reporting). Vendors must submit pricing for all items in Group

1 and in Group 2.

Section 3 Contract Duration (12 months)

The effective duration of this agreement shall be 12 months upon award.

Section 4 Definitions

Retroreflection – a reflection in which the reflected rays are returned preferentially in directions close to the opposite of the direction of the incident rays, this property being maintained over wide variation of the direction of the incident rays.

Coefficient of reflection luminance, RL- the ratio of the luminance of a projected surface to the normal illuminance at the surface on a plane normal to the incident light, expressed in millicandelas per square meter per lux (mcd/m2/lux).

Section 5 Scope of Services

Work shall consist of furnishing all labor, materials, tools, equipment, and incidentals necessary to furnish the Department with dry pavement marking retroreflectivity data collected from an MRU on various routes throughout the state of Ohio as decided by the Department. The decision of which lane lines to read will be determined by the Department. The sequence of readings can be decided by the contractor performing the data collection. The total mileage for any single request will be determined by the

Department. There will be no minimum number of miles to be guaranteed annually.

The Contractor will provide the Department with data regarding state highway line-miles of striping on an as-needed basis throughout the term of the contract. Data collected will be used to assist the Department in managing its entire pavement marking asset and may be used in the Quality Control/Quality Assurance of pavement markings place on the Department’s highway system.

Retroreflectivity data will be subject to the requirements of all relevant specifications in the current edition of the Ohio Manual of Uniform Traffic Control Devices (OMUTCD), the Department’s Construction and

Materials Specifications (C&MS), and the Department's Traffic Engineering Manual (TEM). The

Department will own the data and may provide data to associated third parties.

Section 6 Documentation

The following must be provided with bid response. Failure to submit the requested information may cause the rejection of this bid.

A. Calibration Certificate. Submit a certificate of calibration for each retroreflectometer from the manufacturer or industry approved source showing that the Supplier’s retroreflectometer intended for use with this contract has been calibrated within the past year. The Department may request a new letter if calibrations are renewed after submission of the original certification. A log shall be kept of all calibrations.

B. Retroreflectometer Specifications. Submit documentation that describes the retroreflectometer standard features, manufacturer’s recommended calibration method, and device maintenance procedures.

Section 7 Retroreflectivity Readings

Retroreflectivity Readings provided under this contract shall comply with the requirements listed herein and shall meet the applicable minimum standards established by the Federal Highway Administration

(FHWA), in addition to the standards listed below hereby incorporated by reference:

A. U.S. Department of Transportation Retroreflectivity Standards

B. Ohio Manual of Uniform Traffic Control Devices (OMUTCD)

C. American Society for Testing and Materials (ASTM) E 1710 Standard Test Method for

Measurement of Retroreflective Pavement Marking Materials with CEN-Prescribed Geometry

Using a Portable Retroreflectometer

D. ASTM E 3320 Standard Test Method for Measurement of Retroreflective Pavement Marking

Materials Using a Mobile Retroreflectometer Unit (MRU)

Section 8 Required Equipment

Acceptable devices for this project must be capable of meeting the requirements and specifications described herein. The MRU used by the contractor shall be RoadVista Laserlux G7, Delta LTL-M or approved equal.

Use a Department-approved handheld retroreflectometer as part of the calibration procedure of the Mobile

Retroreflectometer as needed. Document these calibrations daily. It will be the responsibility of the

Contractor to maintain and service the Mobile Retroreflectometer and Department-approved handheld retroreflectometers.

The Contractor will have a written training and procedure manual for all Contractor operators and staff involved with this contract. Contractor will provide documentation to the Department that all Contractor personnel involved with this contract have completed the training program.

The required field-testing apparatus consist of a vehicle equipped with the following devices:

A. 30-meter geometry MRU with the following capabilities:

i. Collecting data in accordance with ASTM E 3320.

ii. Collecting data at speeds up to the posted speed limit while accounting for horizontal wander and vertical movement of the host vehicle.

iii. Measuring retroreflectivity of pavement markings ranging from 0 to 2000

(mcd/m2/lux).

iv. Collecting data with an accuracy of ±15% of properly calibrated portable retroreflectometer data.

v. Operational from either side of the host vehicle.

B. A Distance Measuring Instrument (DMI) with an accuracy of ±1 foot per mile and/or a Global

Navigation Satellite System (GNSS) or Global Positioning System (GPS). The absolute positioning of the 1/10th mile GPS coordinates (reported to 6 significant decimal points) for every raw data file must have an accuracy within 13 feet to properly map the data on a geospatially accurate marker. Failure to demonstrate these accuracies and maintain them throughout the life of the contract will be terms for terminating the contract.

C. A windows-based operating system for data entry, acquisition, display, and storage. The computer is used to operate the MRU, the HD video recording system, the DMI, GNSS/GPS devices and vehicle tracking systems which are all part of the mobile unit system. The computer shall have sufficient capabilities to analyze the collected data, operate the software and receive input from the MRU. The computer shall be up to date with the most recent version of software to provide accurate data. At no time is any software correction or data manipulation allowed for data collection. All raw data must be collected in its true form and recorded in the analyzing of retroreflectivity averages.

Section 9 Data Collection

The Department will provide the Contractor with a list of road sections indicating the sections and longitudinal pavement markings to be evaluated upon request. The tables shall be of sufficient detail to allow clear identification by the Contractor of the starting and ending points for each section. This list of road sections shall be those road sections that the Department requires retroreflectivity measurements on.

Raw data and standard reports shall be provided via email to the Department in the following formats:

A. Comma Separated Value files (*.csv)

B. Shape files (*.shp)

C. Google Earth files (*.kml)

D. Portable Document Format files (*.pdf)

The Department will own the collected data and can use the data during and after the end of this contract.

The original raw data files shall also be kept and maintained by the Contractor during the life of the

Contract. The Contractor must request and be granted written consent from the Department prior to using this data for its own purposes.

Values taken from the readings shall meet the following requirements:

A. Double yellow lines will be measured, averaged and reported as a single line.

B. Average readings will be based on station intervals and collected in 0.10-mile (528 feet) intervals of each Line Mile.

C. Readings will be performed in non-winter months and on lines free from winter salt residue.

D. Readings shall be reported numerically.

E. For reporting purposes, highway routes will be properly named with the 14-character Network

Linear Feature Identifier (NLF_ID) format, e.g., SFRAIR00071**C:

i. Position 1 (Jurisdiction): S – State

ii. Positions 2-4 (County Abbreviation): e.g., ADA – Adams, etc. (see Attachment 1)

iii. Positions 5-6 (Route Type): IR – Interstate, US – United States Route, SR – State

Route

iv. Positions 7-11 (Route Number): Right justified and left filled with zeroes. I.e., 00070

v. Position 12 (Extension Code): * by default

vi. Position 13 (Description Code): * by default

vii. Position 14 (Direction Code): C – cardinal, N – Non-cardinal

F. For reporting purposes, GPS will report Latitude and Longitude locations to six (6) significant figures in positive and negative values. I.e., Latitude 39.948402 and Longitude -83.029327

The Contractor may collect data for the Department outside normal business hours and on weekends or holidays except where this conflicts with the Department’s no work requirements on holidays and weekends.

At a minimum, the data collected and reported shall meet the requirements as listed in Section 8.

Section 10 Reporting

All data, forms, procedures, manuals, system descriptions and workflows developed or accumulated by the contractor under this contract shall be owned by the Department. The Contractor may not release any materials without the written approval of the Department.

Report retroreflectivity readings based on their GPS coordinates on a map (e.g., kml and shp) and in table format (e.g., csv) with each 0.10-mile reading represented by a geospatially accurate segments. Provide the following information about the 0.10-mile interval:

A. Record Description as NLF_ID

B. Odometer reading

C. Date of reading

D. Time of reading

E. Latitude

F. Longitude

G. GPS Accuracy

H. Vehicle Speed

I. Outside Ambient Temperature

J. Outside Ambient Humidity

K. Number of Valid Scans

L. Maximum retroreflectivity

M. Minimum retroreflectivity

N. Average retroreflectivity

O. Standard Deviation

P. Stripe Width (inches)

Q. Contrast

R. Stripe Type (e.g., Left Edge, Right Edge, Center, Skip 1, Skip 2, etc.)

S. Material Type (i.e., Traffic Paint, Polyester, Thermoplastic, Preformed, Epoxy, Heat-Fused

Preformed, Spray Thermoplastic)

T. Event code (e.g., Work zone, Debris on the line, Line missing, etc.)

U. Free form notes

Each 0.10-mile interval shall be color coded based on the average retroreflectivity reading for the segment as follows unless otherwise stated:

White Pavement Markings Yellow Pavement Markings

Color Code Retro Value Min Color Code Retro Value Min

Blue 400.0 Blue 300.0

Green 300.0 Green 200.0

Yellow 150.0 Yellow 100.0

Red 50.0 Red 50.0

Black 1.0 Black 1.0

White 0 or Null White 0 or Null

Section 11 Purchasing

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

11.1 Department Liaison

Purchase orders executed under this agreement will include the name and contact information of a

Department Liaison. The Contractor shall coordinate all work with the Department Liaison. The

Contractor shall provide the Department Liaison with a schedule of where and when the work will be done and shall promptly notify the Liaison of any changes to the schedule. The Contractor shall keep the

Department Liaison informed of progress being made on the purchase order at least on a weekly basis, and more often if necessary. The Department will also provide the name and contact information of a secondary liaison to act as a back-up should the primary liaison not be available.

11.2 Purchase Order Acceptance and Completion Time

The Department will issue purchase orders as the need arises. The purchase order will be grouped by

District and identify each segment and line type in need of an assessment including information on

District, county, route, begin county log, end county log, direction, facility type and stripe type. See

Attachment 2.

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

Section 12 Duties of the Contractor

The Contractor shall supply sufficient labor, equipment, tools, means of transportation, and incidentals to perform work in accordance with specifications, and to ensure a safe work environment for employees and the traveling public within the time schedule specified.

Crew members shall possess a valid driver’s license by the state in which they reside if they are designated to operate a motor vehicle.

Section 13 Contractor Experience Requirements

The Contractor shall have at least three years of mobile retroreflectivity data collection experience with at least 100,000 cumulative miles collected. The Contractor shall list at least three references that can verify the mobile retroreflectivity data collection experience of 100,000 miles.

The Contractor shall demonstrate that they own enough data acquisition equipment, resources and experience with the equipment to meet the project schedule and scope of services.

The Contractor shall have a competent and experienced supervisor/foreman on duty at all times when work is being performed.

Section 14 Traffic Control

The Contractor shall supply, transport, and install all required traffic control devices in accordance with the Ohio Manual of Uniform Traffic Control Devices.

Section 15 Method of Measurement

The intention is to measure 100% of the line-miles requested. The retroreflectivity data collected shall be reported in millicandelas per meter squared per lux (mcd/m2/lux). The unit of measure for retroreflectivity data collected and reported shall be per “Line-Mile” of striping surveyed.

The base quantity includes the assessment of one line (solid or dashed, white or yellow) measured as the length of the completed marking, including the gaps, intersections, and other sections of pavement not normally marked. A double yellow centerline will be measured, averaged, reported and paid for as a single line.

Allow 1 mobilization per District per 1000 Line-Miles collected per purchase order.

Example 1: A 2-lane undivided conventional highway from Mile Post 2 to Mile Post 5 collected in both directions would have a total of 9 Line-Miles. Three (3) miles * three (3) lines (right edge-cardinal, center line, right edge – Noncardinal).

Example 2: A 6-lane divided freeway from Mile Post 11 to Mile Post 20 collected in both directions would have a total of 72 Line-Miles. Nine (9) miles * eight (8) lines (right edge, left edge, skip line 1, skip line 2 – in both directions).

Section 16 Bid Procedure

Vendors must submit their Bid Responses electronically in OhioBuys before the published deadline date

& time, Columbus, Ohio local time on the Proposal due date. Vendors will not be able to submit Bid

Responses, or unsolicited Proposal amendments after the deadline.

Vendors must allow adequate time for uploading a Bid Response prior to the due date and time. ODOT recommends that vendors submit Bid Responses as early as possible. If a second round is issued for any reason, vendors must resubmit their bid if they had already submitted in a previous round, as the previously submitted Bid Responses do NOT carry over to the new round.

The Signature process takes place after the award now. The email will come from documents@esign.ohio.gov and will go to the signatory that was identified in the bid submission. The subject line will be the bid # Signature Request, (example: 101G-25 Signature Request).

No contract can be issued to your company until we receive your signature to complete the process. And you must have an OAKS Payor ID before a contract can be issued. To obtain that, you will need to go into https://ohiopays.ohio.gov.

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

Attachment 1 – ODOT County Abbreviation Table

County Code County Name County Code County Name

ADA Adams MAD Madison

ALL Allen MAH Mahoning

ASD Ashland MAR Marion

ATB Ashtabula MED Medina

ATH Athens MEG Meigs

AUG Auglaize MER Mercer

BEL Belmont MIA Miami

BRO Brown MOE Monroe

BUT Butler MOT Montgomery

CAR Carroll MRG Morgan

CHP Champaign MRW Morrow

CLA Clark MUS Muskingum

CLE Clermont NOB Noble

CLI Clinton OTT Ottawa

COL Columbiana PAU Paulding

COS Coshocton PER Perry

CRA Crawford PIC Pickaway

CUY Cuyahoga PIK Pike

DAR Darke POR Portage

DEF Defiance PRE Preble

DEL Delaware PUT Putnam

ERI Erie RIC Richland

FAI Fairfield ROS Ross

FAY Fayette SAN Sandusky

FRA Franklin SCI Scioto

FUL Fulton SEN Seneca

GAL Gallia SHE Shelby

GEA Geauga STA Stark

GRE Greene SUM Summit

GUE Guernsey TRU Trumbull

HAM Hamilton TUS Tuscarawas

HAN Hancock UNI Union

HAR Hardin VAN Van Wert

HAS Harrison VIN Vinton

HEN Henry WAR Warren

HIG Highland WAS Washington

HOC Hocking WAY Wayne

HOL Holmes WIL Williams

HUR Huron WOO Wood

JAC Jackson WYA Wyandot

JEF Jefferson

KNO Knox

LAK Lake

LAW Lawrence

LIC Licking

LOG Logan

LOR Lorain

LUC Lucas

Attachment 2 – Example Sample Information Provided on Purchase Order

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

District County Route

Begin

County

Log

End

County

Log

Center line distance

Direction to be surveyed

(Cardinal/

Noncardinal/

Both)

Total

Number of

Lanes in

Section

Stripe Types to be surveyed

(Left Edge/

Right Edge/

Center/

Skip1, Skip2, Skip3)

Material

Type

Number of Lines to be surveyed

Total

Line-

Miles

Required

Time

Frame

(30, 60, 90 days)

6 FRA 71 19.601 24.517 4.916 Both 6 LE, RE, SK1, SK2 Thermoplastic 8 39.328 60

6 DEL 3 2.000 5.386 3.386 Both 2 RE, Center Traffic Paint 3 10.158 60

Two Lane Ramp

Pavement Marking Mobile Retroreflectivity Data Collection and Reporting

Purchase Order Information (EXAMPLE)

Interstate, Freeway, or Expressway

Conventional Multi-lane Divided or Undivided

Conventional 2 or 3 lane route - 45 mph or greater

Conventional 2 or 3 lane route - 40 mph or less

One Lane Ramp 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 (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…