Amend_531-22__rev_3_.pdf

AMENDMENT TO ODOT CONTRACT 531-22

BETWEEN

THE STATE OF OHIO, DEPARTMENT OF TRANSPORTATION

AND

DBT Transportation Services LLC

EXTENSION OF CONTRACT TERM

This AMENDMENT to ODOT Contract 531-22 is entered into by and between the State of Ohio, Department of Transportation, (“ODOT” hereinafter), 1980 West Broad Street, Columbus, Ohio 43223, and DBT Transportation Services LLC. (“Vendor” hereinafter). Hereinafter, ODOT and the Vendor will be referred to as the “Parties”.

The Parties agree to amend the terms and conditions of the original Contract (which is a reflection of the original intent of the contract as documented by the pricing pages and communications) as follows:

A. The expiration date of ODOT Contract 531-22 shall be changed from June 30, 2024 to June 30, 2025.

B. All original contract rates and compensations agreed to by the Parties shall be effective throughout the entire duration of the contract extension.

C. Modifications to the following sections/paragraphs of the Contract Terms and Specifications.

Section 2.1 Paragraph 1

Vendor shall calibrate, maintain and/or repair each ESS site active in WeatherSentry. This will include onsite diagnostics and troubleshooting required to maintain each location, as well as upgrades or enhancements of existing parts to increase the functionality, dependability and/or accuracy of an ESS.

Section 2.1 Paragraph 2

The vendor shall submit a weekly report documenting all general maintenance activities for the previous week and include the current equipment list for each ESS site and inventory at the warehouse. This shall include, but is not limited to site visits, troubleshooting activities, inventory movement, recurring issues, and other items the Project Manager may request during the contract. Any changes to equipment noted in the weekly report shall also be reflected in an update to Attachment A.

Section 2.3 Paragraph 1

The vendor is required to store the components provided by ODOT. The vendor shall maintain an accurate record of stored parts, shall provide ODOT with a weekly inventory report and shall notify ODOT when a re-supply of parts is needed, taking into consideration each manufacturer’s delivery schedule. Deductions and penalties shall be assessed for ESS failures due to depleted inventories when adequate and timely notice has not been given to ODOT. The vendor must also report when items are delivered, removed from inventory, placed on an ESS or removed from an ESS. This must be tracked by updating the information in Attachment A.

Section 3.3 Paragraph 1A

A. Vendor is required to have at least one full time technician for every fifty (50) sites that falls within the responsibility of this contract qualified RWIS technicians on staff to perform the work necessary to meet the performance requirements of this contract.

Section 4.1 Paragraph 2

This is a performance-based agreement. ODOT will pay the full price per site, monthly when the vendor follows the specifications described in Sections 2.1, 2.2, and 2.3 of this agreement. As sites are added into the RWIS network, the vendor may add the price per site to the monthly invoice for billing. As sites are permanently removed from the reporting on the RWIS network, the vendor will remove the price per site on the monthly invoice for billing.

Section 4.2 Performance Group 3 Paragraph 1

The vendor will be responsible for monitoring and maintaining Visibility Sensors, Precipitation Sensors, Air Temperature sensors, Relative Humidity Sensors, Wind Sensors, and other sensors attached to ESS. An atmospheric sensor is considered to be out of tolerance when:

Section 4.3 Paragraph 2

ODOT management decisions: This will include, but is not limited to, sites or components ODOT has chosen to abandon not replace on a site that is continuing to be utilized, including sites utilizing parts which are no longer manufactured and will not be upgraded. If ODOT chooses to re-activate the site or replace the component during the life of this agreement, it will no longer fall under the exception rule and warranties and deductions will again apply to the site. If a site is abandoned and removed from reporting, the vendor may should use working components from that location to repair and extend the service of another site on the system.

Section 4.4 Paragraph 1

Under this agreement, the vendor is responsible for monitoring ESS site and equipment outages and any ESS which fails to transmit a complete set of data for 15 consecutive calendar days, and is not otherwise exempted, will be considered an extended outage. The vendor agrees that ODOT may impose a $1,000 penalty in addition to the daily deduction for that same device, component, or site. The deduction would be made from the overall monthly payment. Penalties being imposed will be on a rolling basis. No penalty will be imposed less than 30 calendar days after a previous penalty at the same site.

Section 4.6

4.6A Installation of a full ESS and equipment – new or relocated site

Vendor shall provide the price of installing a full RWIS site, utilizing parts provided by ODOT or inventory, as described in Section 2.4.

4.6B Installation of ESS Equipment Only – new or relocated site

Vendor shall provide the price of installing RWIS equipment, utilizing parts provided by ODOT or inventory, where the electric, pole, base or combination of any is installed by ODOT and/or its contractor.

D. All other terms and conditions in the original Contract fully executed on May 4, 2022 shall remain in effect and unchanged.

IN WITNESS THEREFORE, the parties hereunto have caused this AMENDMENT to ODOT Contract 531-22 to be executed by authorized persons thereunto duly authorized as of the day and year last written below.

STATE OF OHIO DBT Transportation Services LLC

DEPARTMENT OF TRANSPORTATION

Nathan Fling, Signing on behalf of Director By: ___________________________________ of Transportation, Jack Marchbanks

Print Name: _____________________________

Title: __________________________________

Date: ________________________________

Nick Haines

June 27, 2024

CEO