DRAFT 10/20/97

OHIO TURNPIKE COMMISSION

Resolution Awarding a Contract to Perform Construction

for the Noise Mitigation Pilot Project

WHEREAS, the Commission duly advertised according to law for bids under Contract

No. 62-09-01 / 62-09-02 for the construction required to perform a Noise Mitigation Pilot

Project from Mileposts 158.52 to 158.75, and from Mileposts 163.40 to 163.57, located in

Cuyahoga County, Ohio; and

WHEREAS, expenditures for Contract No. 62-09-01 / 62-09-02 will exceed $150,000.00,

and, therefore, in accordance with Article V, Section 1.00 of the Commission’s Code of Bylaws,

Commission action is necessary for the award of said Contract; and

WHEREAS , on April 13, 2009, four (4) bids were received in response to said

Construction Invitation, which bids were reviewed and analyzed by the Commission’s Chief

Engineer, who has submitted his report to the Commission concerning said analysis; and

WHEREAS, the Chief Engineer reports that the lowest responsive and responsible bid for

the performance of the work under Contract No. 62-09-01 / 62-09-02 was submitted by M.P.

Dory Company of Columbus , Ohio in the total amount of $479,326.60 , which bid is below the

Commission’s estimated expenditures for construction of the noise mitigation pilot project, and

which bid he recommends be accepted by the Commission; and

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

Administration that bids for Contract No. 62-09-01 / 62-09-02 were solicited on the basis of the

same terms and conditions and the same specifications, that the bid of M.P. Dory Company for

Contract No. 62-09-01 / 62-09-02 conforms to the requirements of Ohio Revised Code Sections

5537.07, Section 9.312 and Section 153.54, and that a performance bond with good and

sufficient surety has been submitted by M.P. Dory Company; 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, has made his recommendation to the Commission to award Contract No. 62-09-01 / 62-

09-02 to the lowest responsive and responsible bidder, M.P. Dory Company; and

WHEREAS, the Commission has duly considered such recommendations.

NOW, THEREFORE, BE IT

RESOLVED that the bid of M.P. Dory Company of Columbus, Ohio, in the total

amount of $479,326.60 for Contract No. 62-09-01 / 62-09-02 is, and is by the Commission,

determined to be the lowest responsive and responsible bid received for said Contract, and is

accepted, and that the Chairperson and Executive Director, or either of them, hereby is

authorized: 1) to execute Contract No. 62-09-01 / 62-09-02 with M.P. Dory Company in the

form heretofore prescribed by the Commission pursuant to the aforesaid bid; 2) to direct the

return to the bidders of their bid security, when appropriate; and 3) to take any and all action

necessary or proper to carry out the terms of Contract No. 62-09-01 / 62-09-02; and

FURTHER RESOLVED that the Commission hereby authorizes the Executive Director

and the Chief Engineer to assign TranSystems, Inc. of Cleveland, Ohio , to Contract No. 62-09-

01 / 62-09-02 for the purpose of performing construction administration and inspection services,

with such assignment in accordance with the Engineering Design Services Agreement specific to

this Project between the Ohio Turnpike Commission and TranSystems, Inc.; and

FURTHER RESOLVED that the Commission hereby authorizes the Executive Director

and the Chief Engineer to assign Solar Testing Laboratories, Inc., of Brooklyn Heights, Ohio

to Contract No. 62-09-01 / 62-09-02 for the purpose of performing materials testing and

inspection services, with such assignment in accordance with the 2009-2010 General

Engineering Design Services Agreement between the Ohio Turnpike Commission and Solar

Testing Laboratories, Inc.

(Resolution No. 13-2009 adopted April 27, 2009)