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State of Ohio - Controlling Board Request
STATE OF OHIO
CONTROLLING BOARD
30 East Broad Street, 34th Floor
Columbus, Ohio 43215-3457
(614) 466-5721 FAX:(614) 466-3813
OPERATING REQUEST Controlling Board No.
DOT0100678
Status:  Approved
Meeting Date:  2/26/2018

GENERAL INFORMATION
Agency
Transportation


Division/Institution
Construction Management
Waiver of Competitive Selection  (Revised Code Section 127.16B)
      No Competitive Opportunity
      Agency Released Competitive Opportunity
Agency Released Competitive Opportunity (Revised Code Section 127.162)
Other Statutory Authority/Bill Section:
Operating Transfer Request  (Revised Code Section 127.14)
      Appropriation
      Cash
      Other Statutory Authority/Bill Section:
Fiscal Year(s)
2018
Bill No.
HB 26
Eligible for OBM
Director Approval?
No

VENDOR INFORMATION
For FYAmountNameAddressCityStateCountyZip Code
DOT01 2018 $33,480.00 INTERNATIONAL CONTRACTORS CORP 450 E STARR AVE COLUMBUS OH Franklin 43201

FUNDING INFORMATION
Fund GroupFund CodeAppropriation Line ItemAppropriation Line Item NameFYAmountFYAmount
HOF 7002 772421 Highway Construction - State 2018 $33,480.00 $.00

SIGNATURES
     
Jerry Wray 02/26/2018
   
Agency Director or Authorized Agent On The Date Of
   
01/29/2018 Christine Morrison
   
Date Controlling Board President/OBM Director
   
AGENCY CONTACT
Name:  Meghan Wadsworth Title:  Legislative Liaison
Phone:  (614) 387 - 5186 Fax:  E-Mail:  Meghan.Wadsworth@dot.ohio.gov
REQUIRED EXPLANATION OF REQUEST
  Transportation respectfully requests Controlling Board approval to waive competitive selection in the amount of $33,480.00 in FY18, in ALI 772421, Highway Construction-State in the Highway Operating Fund 7002, for a change order with International Contractors Corporation to increase the construction contract amount for the raised pavement marker project on various routes in Allen, Defiance, Hancock, Hardin, Paulding, Putnam, Van Wert and Wyandot counties.  
  Project: 1061(16) PID: 194378
Project Location: Various routes in Allen, Defiance, Hancock, Hardin, Paulding, Putnam, Van Wert and Wyandot counties
Change Order Item: raised pavement markers

Original Contract Amount:          $311,000.00
Previous Additions:                         + $0.00
Previous Non-Performances:             - $0.00
Amount of This Request:             $33,480.00
Including This Request:             $344,480.00

Net Percent (%) Change to Date: +   10.77%   

This project improves various routes in Allen, Defiance, Hancock, Hardin, Paulding, Putnam, Van Wert and Wyandot Counties, Ohio, by replacing reflective pavement marker lenses on some routes and installation of reflective pavement markers on other routes.

This request will compensate the contractor for reinstallation of reflective pavement markers, pending Controlling Board approval.

Following completion of the work by the contractor, it was determined that about half of the reflective pavement markers (RPMs) were not placed in reasonable close conformance of the contract specifications. The Project Engineer believed the RPMs were installed incorrectly along the center of the roadway. The contractor disagreed with the Project Engineer and it became an item of dispute. The dispute was routed through the Department's Administrative Claims and Dispute Process. This is a three step hearing process that starts at the project level (step 1), escalates to the district level (step 2), and finishes with a central office dispute review board hearing (step 3). The central office dispute review board is a panel of three members with a background in heavy highway construction and civil engineering. The contractor is required to exhaust this process prior to filing in the Ohio Court of Claims.   

After the step 2 hearing, the District issued a decision that required the contractor to remove the lenses from the incorrectly installed RPMs and install a new RPM at the correct location along the centerline. The incorrectly installed RPM castings will be removed by District maintenance personnel in the Spring of 2018. As part of the decision, the District will only pay the material cost of the reinstallation. The contractor would pay the labor cost of the reinstallation. The contractor accepted the decision and began replacing the incorrectly installed RPMs. The value of the decision was not realized until 4,464 RPMs were replaced and the contractor submitted material invoice costs. The material invoice cost was $7.50 per RPM for a total amount of $33,480.

Contract limits for this project, established by ORC 5525.14, is $25,000.00. Because this final cost is over contract limits, the district is respectfully requesting Controlling Board approval for the change order to compensate the contractor for the reinstallation of the RPM's. The district has not made payment to the contractor for this work.

The project was physically completed on December 2, 2017.   A companion change order was processed to revise the completion date.   
 
   
Attachments Controlling Board Request No.: DOT0100678
Attachment TypeAttachment Description
Contract amendment project 161061 change order 004
Contract amendment project 161061 change order 007
Other Agency EDGE/MBE Participation Summary
 
Release and Permit Information
NameFYAmountR & P #R & P DateIssued ByComments
INTERNATIONAL CONTRACTORS CORP 2018 $33,480.00

Operating Request Required Information
Contract Amendment - INTERNATIONAL CONTRACTORS CORP
Controlling Board Request No.: DOT0100678
1. Identify the contractor and provide the contractor's address of their principal place of business.
INTERNATIONAL CONTRACTORS CORP
450 E STARR AVE
COLUMBUS ,  OH  43201
County: Franklin
   
2. Explain why the contract is being amended and the effect on the project or program.
This request will compensate the contractor for reinstallation of reflective pavement markers, pending Controlling Board approval.
   
3. Specify the deliverables of this contract or describe the scope of service(s) to be performed by this contractor.
This project improves various routes in Allen, Defiance, Hancock, Hardin, Paulding, Putnam, Van Wert and Wyandot counties, Ohio, by replacing reflective pavement marker lenses on some routes and installation of reflective pavement markers on other routes.
   
4.
Cite the account category of expense being used for this purchase of service(s).
Account CategorySubobjectAmountNon-Exempt Amount
573050 $33,480.00 $33,480.00
Total Amounts $33,480.00 $33,480.00
   
5.
Provide the dates of previous Controlling Board approvals for this contract. Indicate whether the approvals were for the initial contract, amendments to this contract, or previous renewals for this contract. In addition to the
date(s) of Controlling Board approval, provide the following information depending upon the type of contract previously approved by the Controlling Board.
Initial Contract - Total amount of the initial contract or number of hours and the rate per hour.
Amendment - Total amount of the amended contract (initial + amendment) or total number of hours (initial + amendment) and the total rate per hour (initial contract + contract amendment + contract renewals within the biennium).
Renewal - Total amount of the renewed contract or the total number of hours and the total rate per hour.
CB Approval DateType of ContractAmount per FY# of HoursRate per Hour per FY
   
6. If this contract amendment affects the total amount of the contract or the total number of hours and total rate
per hour, provide the new rate information.
Total Contract Amount Total Number of Hours Total Rate per Hour FY

  $33,480.00

  0

  $0.00

18

7. Duration of this contract (beginning and ending dates) within the fiscal biennium, including amendment.
Beginning Date Ending Date  
02/26/2018 06/30/2018
8. Provide all subsequent renewal schedules (beginning and ending dates) and amounts associated with this contract.
Beginning DateEnding DateTotal Lease AmountFY2
  Explain contract provisions.  ODOT contracts may extend beyond the fiscal biennium. This is a one time competitively bid contract subject to contract amendment by change order. Original funding amounts are encumbered in the fiscal year of contract execution. Amended funding amounts are encumbered in the fiscal year they occur.
9.
Provide the following employee information: Nationwide Ohio
Total Number of Employees 0    10   
Percentage of Women 0% 30%
Percentage of Minorities 0% 20%