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??r? ? <br />ADVERTISING. SALE AND AWARD <br />7.1 The LPA shall not advertise for bids prior to the receipt of the "Authorization to Advertise" <br />notification from ODOT. Upon approval of the Plan Package Submittal by the Office of Local <br />Projects, the LPA shall commence all competitive bidding and contract award activities <br />associated with the PROJECT's construction in accordance with all applicable State and local <br />bidding requirements. <br />7.2 Any use of sole source or proprietary bid items must be approved by the applicable ODOT <br />district. All sole source or proprietary bid items should be brought to the attention of the LPA <br />Coordinator as soon as possible so as not to cause a delay in the plan package submission <br />process. Bid items for traffic signal and highway lighting projects must be in conformance with <br />ODOT's Traffic Engineering Manual. <br />7.3 The LPA shall require the contractor to protect and indemnify the LPA and ODOT from all claims <br />and liability resulting from negligence or willful violations of the contractor. The LPA shall require <br />that each of its selected contractors and each subcontractor maintain, during the life of its <br />contract and subcontract, Workers' Compensation Insurance, Public Liability Insurance with <br />minimum coverage amounts of $1,000,000 per occurrence, Property Damage Insurance with <br />minimum coverage amounts of $1,000,000 per occurrence, and Vehicle Liability Insurance. <br />7.4 CONTRACTOR DRUG-FREE WORKPLACE: In accordance with Executive Order 2002-13T, the <br />LPA shall require the contractor to be enrolled in, and in good standing with, the Drug-Free <br />Workplace Program (DFWP) or a similar program approved by the Bureau of Workers' <br />Compensation, and require the same of any of its subcontractors. <br />7.5 Only prequalified contractors are eligible to submit bids for this PROJECT. Prequalification status <br />must be in force at the time of bidding, at the time of sale, at the time of award, and through the <br />life of the construction contract. For work types that ODOT does not prequalify, the LPA must still <br />select a qualified contractor. Subcontractors are not subject to the prequalification requirement. The <br />"prime" contractor must perform no less than 35 percent of the total original contract price. <br />7.6 Before awarding a contract to the selected contractor, the LPA shall verify either that the <br />contractor is not subject to a finding for recovery under R.C. 9.24, or that the contractor has taken <br />the appropriate remedial steps required under R.C. 9.24, or that the contractor otherwise qualifies <br />under the exceptions to this section. Findings for recovery can be viewed on the Auditor of State's <br />website at htti)://www.auditor.state.oh.us/WhatsNew/FFR/. If the LPA fails to so verify, ODOT <br />may immediately terminate this Agreement and release all State funding commitments. <br />7.7 After analyzing all bids for completeness, accuracy, and responsiveness, the LPA shall approve <br />the award of the contract in accordance with laws and policies governing the LPA. Within 45 days <br />of that approval, the LPA shall submit to ODOT notification of the project award by submitting a <br />bid tabulation, a copy of the ordinance or resolution, and direct payment information as required <br />in Attachment 2 of this agreement, if applicable. <br />8. CONSTRUCTION CONTRACT ADMINISTRATION <br />8.1 The LPA shall provide and maintain competent and adequate project management covering the <br />supervision and inspection of the development and construction of the PROJECT. The LPA shall <br />bear the responsibility of ensuring that construction conforms to the approved plans, surveys, <br />profiles, cross sections and material specifications. If a consultant is used for engineering and/or <br />inspection activities, the LPA must use a Qualification Based Selection process as required <br />pursuant to ORC sections 153.65 through 153.71.