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WAIVER PROCESS FOR EDGE GOALS
<br />In the event the Contraclor Is unable to meat Iho EDGE Goal placed on (his project, a request for waiver
<br />of all or port of the goal may be in ado to Ilia Ohio Deportntonl of Transportation through Ill LPA. I lie
<br />Contractor must document the progress and efforts being made In securing the services of EDGE
<br />subcontractors. In the event Ilia Contractor Is unable to meal the EDGE Goal placed on this Local Lot
<br />project, a request for a waiver of all or part of Ilia goal may be made. The written request must Indicate
<br />a good !still effort woo mado to meet (he goal and be sent to Ilia LPA contracting authority. The LPA
<br />forwards (he request with recommended action to (he ODOT District. The ODOT District Ilion makes
<br />recommendation and forwards the request to Office of Contracts, 1080 West Broad Street, Columbus,
<br />Ohio, 43223. There will be no extension of limo for Ilia project granted If (he Contraclor wishes to avall
<br />himsolr of this process. If an Ilan of work subcontracted to a DBE firm Is non-performed by LPA or the
<br />subject of an approved VECP, Ilia Contractor may request a waiver for the partial) of work excluded.
<br />The Contractor must provide the following Information and documontallon when requesting EDGE
<br />gent waiver: _
<br />1. Dollar value and %of EDGE goal. Dollar value and % of waiver request.
<br />2, Signed copy of each subcontract or purchase order ngreemenl bolwan Ilia prime and EDGE
<br />subcontractor /suppller utilized In meeting Ilia contract goal.
<br />3. Copy of dated written communication, fax confirmation, personal contact, follow up and
<br />negotiation with Ilia EDGE firm.
<br />4. Copy of dated written communication matter fax cmnflnnation (lint bidder solicited and provided
<br />EDGE Will adequate Information about the plans, specifications and requirements of ibe
<br />contract In a (lately manner to assist Them In responding to a solicitation.
<br />G. Copy of dated written communication and/ or fox confirmation of each noncompetitive EDGE
<br />quote that Includes Iho dollar value of each reference Ilom and work type.
<br />0. Copy of dated written communication and/ or dated fox conllnnallo n of EDGE firms that were riot
<br />Interested In providing a quote for Ilia project.
<br />y. Documentation of all nogollaling offorls and reason for rejecting quotas from EDGE firms.
<br />0. DocumenInlon of good fallh efforts (GFE) to most the EDGE subcontract goal, by looking
<br />beyond the Mans typically subcontract or consideration of subcontracting Items normally
<br />performed by ilia prime as n way to meet Ilia EDGE goal,
<br />ODOT shall supply the percentage goal to the LPA upon review of the Engineer's Estimate. The
<br />LPA must obtain written, signed documentation from the contractor that the EDGE goal has been
<br />satisfied prior to executing the contract with the contractor, The LPA, In turn, must provide such
<br />documentation to ODOT In order for ODOT to encumber the State funds.
<br />11.1 The LPA shall ensure that any designs, specifications, processes, devices or other Intellectual
<br />properties specifically devised for the PROJECT by Its consultants or contractors performing work
<br />become the properly of the LPA, and that when requested, such designs, specifications,
<br />processes, devices or other Intellectual properties shall become available to ODOT with an
<br />unrestricted right to reproduce, distribute, modify, maintain, and use. The LPNs consultants and
<br />contractors shall not seek or obtain copyrights, patents, or other forms of proprietary protection
<br />for such designs, specifications, processes, devices or other intellectual properties, and k1
<br />providing them to the PROJECT shall relinquish any such protections should they exist.
<br />11.2 The LPA shall not allow Its consultants or contractors to utilize within the development of the
<br />PROJECT any copyrighted, patented or similarly protected design, specification, process, device or
<br />other Intellectual property unless the consultant or contractor has provided for such use by suitable
<br />legal agreement with the owner of such copyright, patent or similar protection. A consultant or
<br />contractor making use of such protected items for the PROJECT shall Indemnify and save harmless
<br />the LPA and any affected third party from any and all claims of infringement on such protections,
<br />Including any coals, expenses, and damages which It may be obliged to pay by reason of
<br />Infringement, at any time during the prosecution or after the completion of work on the PROJECT.
<br />11.3 In the case of patented pavements or wearing courses where royalties, licensing and proprietary
<br />service charges, exacted or to be exacted by the patentees, are published and certified
<br />agreements are filed with the LPA, guaranteeing to prospective bidders free unrestricted use of
<br />all such proprietary rights and trademarked goods upon payment of such published charges, such
<br />patented pavements or wearing courses may be specifically designated in the proposal and
<br />competition secured upon the Item exclusive of the patent or proprietary charges.
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