DRAFT 10/20/97

OHIO TURNPIKE COMMISSION

Resolution Rejecting Bids for the Purchase of Ten Truck Cabs and Chassis; Rejecting Bids

for the Purchase of Ten Dump Bodies, Front and Wing Plows, Central Hydraulic and

Control Systems and Lighting Systems; and Awarding a Contract for the Purchase of

Eight Trailer Mounted Plows and Hopper Bodies under Invitation No. 4135

WHEREAS, via Resolution 30-2009, the Commission accepted a National Clean Diesel

Funding Assistance Grant in conjunction with the American Recovery and Reinvestment Act of

2009, which funds are to be used for the purpose of reducing fuel consumption, operating

vehicles on biodiesel fuel, and reducing fuel emissions; and

WHEREAS, under the final grant agreement executed by and between the Ohio Turnpike

Commission and the Ohio Department of Development, up to $600,000 of the Grant is to be

utilized for offsetting the cost for new tandem-axle dump trucks having an improved snow plow

design that meet 2010 emission standards; and

WHEREAS, in accordance with the final grant agreement, the Commission advertised for

bids under Invitation No. 4135 for the furnishing to the Commission of ten truck cabs and

chassis ( Group I ); furnishing and installing ten dump bodies, front and wing plows, central

hydraulic and control systems, and lighting systems ( Group II ); and furnishing eight trailer

mounted plows and hopper bodies ( Group III ).

WHEREAS , the Commission received nine bids in response to the various Groups within

Invitation No. 4135; and

WHEREAS, expenditures for the Contracts to be awarded under Invitation No. 4135 will

exceed $150,000, and, therefore, in accordance with Article V, Section 1.00 of the Commission’s

Code of Bylaws, Commission action is necessary for the award and/or rejection of said

Contracts; and

WHEREAS, said bids were reviewed and analyzed by the Commission’s Maintenance

Engineer, whose report concerning said analysis is before the Commission; and

WHEREAS, the Maintenance Engineer reports that none of the six bids received for the

Group I truck cabs and chassis comply with the Commission’s Technical Specifications, and he,

therefore, recommends that the Commission reject all six bids and re-advertise for them as soon

as possible; and

WHEREAS, the Maintenance Engineer further reports that, due to the fact that the

Group II dump bodies, front and wing plows, etc. are integral components to the Group I cab

and chassis, he also recommends that the Commission reject the two bids received for Group II

and re-advertise for them as soon as possible; and

WHEREAS, the Maintenance Engineer reports that the sole bid for the Group III trailer

mounted plows and hopper bodies was submitted by Viking Cives of Harrisville, New York , in

the total amount of $781,720.00 (eight each at $97,715.00) and, because this bidder proposes to

furnish equipment and services in accordance with the Specifications, he recommends that a

Contract be awarded to Viking Cives for Group III; and

WHEREAS, the Commission’s Director of Contracts Administration has submitted a

report advising the Commission that, pursuant to the Bidding Documents for Invitation No. 4135

and Ohio Revised Code Section 5537.07(A), the Commission has expressly reserved the right to

reject any and all bids and, therefore, may lawfully reject the bids submitted for both Group I

and Group II; and

WHEREAS, the Commission has been further advised by the Director of Contracts

Administration that bids for Invitation No. 4135 were solicited on the basis of the same terms

and conditions and the same specifications, that the bid of Viking Cives for Group III qualifies

for consideration under the Commission’s “Buy Ohio Bid Preference” policy and conforms to the

requirements of Ohio Revised Code Section 5537.07 and Section 9.312, and that a bid guaranty

with good and sufficient surety has been submitted by the aforementioned bidder; and

WHEREAS, the Commission’s Executive Director has reviewed the reports of the

Maintenance Engineer and the Director of Contracts Administration and, predicated upon such

analysis, concurs that all bids for Group I and Group II be rejected, and that a Contract under

Invitation No. 4135 for Group III be awarded to the lowest responsive and responsible bidder,

Viking Cives; and

WHEREAS, the Commission has duly considered such recommendations.

NOW, THEREFORE, BE IT

RESOLVED that the six bids received for Group I and the two bids received for Group

II of Invitation No. 4135, be and the same hereby are rejected, and the Executive Director and

the Director of Contracts Administration, or either of them, is authorized to: 1) notify the bidders

in writing of said action, 2) to return to the bidders the bid security they furnished in response to

said Invitation, and 3) to re-advertise for bids for Group I and Group II as soon as possible; and

FURTHER RESOLVED that the bid of Viking Cives of Harrisville, New York in the

total amount of $781,720.00 for Group III under Invitation No. 4135 (for furnishing eight trailer

mounted plows and hopper bodies) is, and is by the Commission, determined to be the lowest

responsive and responsible bid received for Group III, and is accepted, and the Executive

Director and the Director of Contracts Administration, or either of them, hereby is authorized to:

1) execute a Contract with the successful bidder in the form heretofore prescribed by the

Commission pursuant to the aforesaid bid, 2) direct the return to the bidder of its bid security

when appropriate, and 3) take any and all action necessary or proper to carry out the terms of

said Contract; and

FURTHER RESOLVED that the Executive Director and the General Counsel, or either

of them, hereby are authorized to execute an amendment to the final grant agreement executed

by and between the Ohio Turnpike Commission and the Ohio Department of Development to

adjust delivery timelines in the event such changes become necessary.

(Resolution No. 17-2010 adopted May 3, 2010)